Evans Ngubai v Kafue Textiles and Anor (Appeal 155 of 2005) [2007] ZMSC 137 (29 November 2007)

IN THE SUPREME COURT OF ZAMBIA APPEAL NO. 155/2005 HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: EVANS NGUBAI: APPELLANT AND KAFUE TEXTILES BETHEL BAPTIST CHURCH 1ST RESPONDENT 2nd RESPONDENT Coram: Mumba and Mushabati JJS and Kabalata AJS On the 16th October, 2007 and 29th November, 2007 For the Appellant: For the 1st Respondent: H. Chizu of I. C Ngo’nga and Company For the 2nd Respondent: J. M. Chimembe, of JMC and Associates M. L. Mukande, of M. L. Mukande and Company RULING Kabalata, AJS, delivered the ruling of the court This was supposed to be an Appeal against the Ruling of the High Court dated 30th May 2005 in which the learned trial judge refused an application by the Plaintiff for the continuation of the injunction order which had earlier been granted exparte. After counsel had made their submissions, the court discovered that no leave had been obtained from the court below to file this appeal in this court. This position was confirmed by Mr. Chimembe and Mr. Chizu, counsel for the Respondents. It is mandatory under Section 24(1 )(e) of the Supreme Court Act Cap 25 of the Laws of Zambia, for leave to be sought first before lodgment of appeal. Section 24(1 )(e) of the Supreme Court Act provides that no appeal lies from an order made in chambers by a judge of the High Court without leave of a judge. Since no leave was obtained by the appellant, we have no difficulty in finding that this appeal is improperly before this court. Tn short, the appeal is incompetent. It is therefore dismissed with costs to the Respondent. F. N. M. Mumba SUPREME COURT JUDGE C. S. SUPREME COURT JUDGE T. A. Kabalata ACTING SUPREME COURT JUDGE