Sabarwal v Chanda (Appeal 19 of 1994) [1994] ZMSC 140 (27 September 1994)

IN THE SUPREME COURT FOR ZAMBIA HOLDEN AT LUSAKA (Civil Jurisdiction) , ■ ‘ " ■ Appeal No. 19 of 1994 ’S; SCZ/8/121/1993 - < BETWEEN: Delinder Singh Sabarwal ^2-11-25 and Mathew Chanda 522222^221 - * i ' f. ' • V»" ’ • .* ■/ ; . ' . - ' ' ' ;,r . ■ Coram: Gardner, Chai la and Chirwa JJS.» 27th September, 1994^ . j j K. Maketo of Christopher Russel Cook and Co, for the appellant, : K. M. Simbao of Mulungushi Chambers for the respondent. W H M M * to. • Ito * ■■ W M m to* M W W •• «■ W M -to W ** • ** ■* *" *•»*«■* *W W JUDGMENT j ———————————— — — — — — ————— ————————— —— — ———————————— . j Gardner J. S. delivered the judgment of the court. J ! In this case it was not sufficient in the court below for the learned trial judge to say that, because the contract was illegal, no order would be made by the court. The application for leave to issue a writ of possession should have been either granted or refused and.dlsmlssed^^ > i position of the property as a result of the illegali ty,-, of the performance of It is obvious that in this case the parties require to know the the contract of sale. For the avoidance of unnecessary litigation in the rW: ■ future the parties should agree what are the terms of dispute between them and apply to the court below, to whom we are sending back :;thls case, to resolve the issues and make an appropriate order. : ■ 1 ' ■ ■■ We suggest that the issues to be resolved are whether the contract ’ of sale is still in existence apart from the illegal agreement as to the performance, if so, whether specific performance namely, to sign a deed of assignment can be ordered, and if so, on what terms, if any. The appeal is allowed. The case is sent back for retrial by another judge of the High