Commerce Bank Limited v Chimito Trading Limited and Anor (1999/HP/1439) [2002] ZMHC 14 (14 June 2002)

IN THE HIGH COURT OF ZAMBIA 1999/HP/1439 AT THE PRINCIPAL REGISTRY AT LUSAKA (CIVIL JURISDICTION) BETWEEN: COMMERCE BANK LIMITED Plaintiff AND CHIMITO TRADING LIMITED 1st De fendant BENNY MACLEAN KAEMBA 2 nd Defendant BEFORE THE HONOURABLE MR. J USTICE PETER CHITENGI IN CHAMBE RS AT LUSAKA THIS 14TH DAY OF J UNE, 2002. For the Plaintiff Kalind a Legal Cou n sel - Bank of Zambia For the Defendant Kaona Mes srs Nakonde Cha m bers RULING This is an a pplica tion by the Defen dan t for spe cial leave t o review Judgm ent out of tim e p u rsu ant t o Rule 39 Rule 2 High Court Rules. The record shows that the Defendants h ave appealed to the Supreme Court. In t erms of Order 39 High Court Rules there can be no review where a notice of appeal h a s been lodged. In the event, the application for special leave to apply for review out of time is dismissed with costs. DONE IN CHAMBERS AT LUSAKA THIS 14TH DAY OF JUNE, 2001. 2