Ernest Chibuli & 2 Others v Bata Shoe Company Ltd (Appeal 160 of 2009) [2015] ZMSC 79 (28 August 2015)

ii IN THE SUPREME COURT OF ZAMBIA HOLDEN AT LUSAKA (CIVIL JURISDICTION) APPEAL NO. 160/2009 BETWEEN: ERNEST CHIBULI & 2 OTHERS APPELLANTS AND BATA SHOE COMPANY LTD RESPONDENT Coram: Mwanamwamba DC), Kaoma and Hamaundu JJS On the 10th October 2013 and 28' August, 2015 For the Appellants: In person For the Respondent: (cid:9) Mr Kabwita Kanswata, Messrs Christopher Russell &Co HAMAUNDU, JS, delivered the Ruling of the Court RULING This is an appeal by the appellants against a judgment of the Industrial Relations Court which dismissed their Complaint challenging their termination of services. At the hearing of the appeal, on the 10th October, 2013, the appellants did not appear, having filed a Notice of Non-Appearance. The respondent however was represented by counsel who raised a preliminary issue that the appellant's appeal could not be J2 heard because they had not complied with the order for payment for security for costs. At that time, we did not have the order referred to on record. We have since been furnished with that Order which was made by this Court and dated 22nd October, 2009. According to that Order, the appellant's were required to pay the sum of K17million old currency as security for costs before the hearing of the appeal. S There is no evidence on record that the appellant's have complied with that Order. Therefore, the application herein should not have been listed for hearing. The same is hereby struck off the cause list pending payment of the Security for Costs. We make no order as to costs for the sitting of 10th October, 2013. 10 (cid:9) Dated the (cid:9) day of (cid:9) ACTING D (cid:9) CHIEF JUSTICE E. M. Hamaundu SUPREME COURT JUDGE R. M.0 Kaoma SUPREME COURT JUDGE (cid:9) (cid:9)