Eliya Mwale and Ors v Zambia Railways Ltd (Appeal 10 of 2001) [2001] ZMSC 101 (6 March 2001)

IN THE SUPREME COURT FOR ZAMBIA Appeal No. 10 of 2001 HOLDEN IN NDOLA (CIVIL JURISDICTION) BETWEEN: ELIYA MWALE AND 13 OTHERS Appellants AND ZAMBIA RAILWAYS LIMITED Respondents CORAM: Ngulube CJ., Chaila and Lewanika JJs On 6th March 2001 For the appellant - H. B. Mbushi of Ndola Chambers For the respondent - Mr. B. M. Kang’ombe of Kang’ombe and Company RULING Lewanika JS delivered the Ruling of the Court. This is an appeal against an order of the High Court staying execution of the judgment herein and referring the matter to the Deputy Registrar for assessment of interest payable. During the hearing of the appeal it has transpired that the parties have in fact already agreed on the rate of interest and that the dispute relates to the amount of the monies due to the appellants after deduction of the advances paid to them as up keep allowance. This matter which was already adjudicated upon by us should not have come back to us. If the parties could not agree on the monies payable to the appellants they should have gone to the Deputy Registrar or District Registrar for him to ascertain the sums due to the appellants after deductions of the advances. We are dismissing this appeal with costs. We also order that what is due to the appellants as their terminal benefits after deducting allowances paid to them as advances be determined by the District Registrar in Chambers. M. M. S. W. Ngulube CHIEF JUSTICE M. S. CHAILA SUPREME COURT JUDGE D. M. Lewanika SUPREME COURT JUDGE