Derrick Chela v Emmanuel Chomba Chileshe and Ors (CAZ/08/241/2018) [2019] ZMCA 443 (30 September 2019)

IN THE COURT OF APPEAL OF ZAMBIA CAZ/O8/241/2018 Rl HOLDEN AT LUSAKA (CIVIL JURISDICTION) BETWEEN: DERRICK CHELA AND Uf' I\Pl"~Ai ,,.....__.,,.,. __ , __ -· -•-., .i. ,t IJQ ,<.:t , \ 'Jh 1 .; ' t~i c;1 .. rrn .. ., APPELLLANT ,.' EMMANUEL CHOMBA CHILESHE FREDERICK CHILESHE SANDRA MUBANGA CHILESHE 1 ST RESPONDENT 2ND RESPONSENT 3RD RESPONDENT Before the Hon. Mrs. Justice P. C. M Ngulube in Chambers For the Appellant: Mr. Phiri, agent for Messrs V. K Mwewa & Company For the Respondent: No appearance RULING Legi slat ion refe rred to: 1. The Court of Appeal Rules, Statutory Instrument No. 6 5 of 2 016 This is the appellant's application for leave to file the record of appeal and heads of argument out of time pursuant to Order 13 Rule 3 sub rule (1) (b) and (c) of the Court of Appeal Rules 1 . The application is accompanied by an affidavit in support sworn by Vincent Kaunda Mwewa, counsel seized with conduct of this matter. He avers that on R2 31 st August, 2018 the Honourable Justice C. Chanda delivered Judgment in which he declared the respondents as the legal owners of Chileshe's Farm in Mpongwe District. He avers that being dissatisfied with the said judgment, the appellant lodged an appeal before this court on 11 th September, 2018. It is averred that from the time the appeal was filed, the appellant was only able to be issued with the lower court's record of proceedings on 15th March , 2019. Further, counsel avers that the preparation of the record of appeal is now complete and that he craves the indulgence of this Court for an order for leave to file the record of appeal and heads of arguments out of time No affidavit in opposition was filed and neither was the respondents in attendance at the hearing of the application. At the hearing, Mr. Phiri, Counsel for the appellant placed reliance on the affidavit in support of this application filed into court on 17t h June, 2019 which I have ably considered. Indeed, this Court is clothed with powers to extend time within which any party may take any step in or in connection with an appeal on sufficient reasons. Given that the lower court's record of proceedings R3 was given to the appellant later than the sixty days required to file the record of appeal and heads of argument, and there being no obj ection to this application I hereby grant the appellant leave to file the record of appeal and heads of argument out of time . The appellant is advised to file the record of appeal and heads of argument within 7 days from the date of this ruling. Costs shall be in the cause. Dated this the 30th day of September, 2019. ~ HONOURABLE MRS JUSTICE P. C. M NGULUBE COURT OF APPEAL JUDGE.