Fenny Mulenga v ZCCM Ltd (SCZ 8 302 of 1999) [2001] ZMSC 117 (6 November 2001)

IN THE SUPREME COURT FOR ZAMBIA SCZ/8/302/99 HOLDEN AT KABWE (CIVIL JURISDICTION) BETWEEN: FENNY MULENGA APPELLANT AND ZCCM LIMITED RESPONDENT CORAM: NGULUBE, CJ., LEWANIKA, MAMBILIMA JJS On 17th April, and 6lh November, 2001 For the Appellant: For the Respondent: M. G. MASENGU of M. G. Masengu P. CHAMUTANGI, Legal Counsel, ZCCM RULING LEWANIKA JS delivered the Ruling of the court. When we heard this motion on 17th April, 2001 we denied it and said we would give our reasons later and we now do so. The Appellant had applied for an extension of time within which to file the record of appeal before a single Judge. When his application came up for hearing on 28th July, 2001, neither the Appellant nor her counsel were present and in consequence thereof the application was dismissed with costs. - R2 - Counsel for the Appellant then filed this motion for an order to set aside the order of a single judge and to grant the Appellant an extension of time within which to lodge the record of appeal. The subject matter of this appeal was house No. 44 Twalilwisha Crescent, Riverside, Kitwe which the Appellant was occupying and claiming she is entitled to buy under the Government policy of selling houses to sitting tenants. It has since transpired that the same house was the subject of litigation involving RYCUS HEAVY HAULAGE VS ZAMBIA CONSOLIDATED COPPER MINES LIMITED, case No. 2000/HK/93. These proceedings were concluded in favour of the Respondent, a writ of possession having been granted on 1st January, 2001 and execution levied on 19th July, 2001. Rycus Heavy Haulage Limited were the tenants to this house and the Appellant in these proceedings occupied the house in question as their employee. To have entertained the Appellant’s motion would have been an exercise in futility and would be otiose, it was for this reason that we denied the motion. M. S. W. NGULUBE CHIEF JUSTICE