Food Reserve Agency v Hastings Pasi (CAZ/08/83/2018; NOM. 46/2019) [2019] ZMCA 414 (28 November 2019)

(A .z Io ;p /is'b (2 u j ~ NOM.46/2019 IN THE COURT OF APPEAL OF ZAMBIA HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: FOOD RESERVE AGENCY APPELLANT AND HASTINGS PASI RESPONDENT CORAM: Chashi, Makungu and Lengalenga, JJA On: 5 th and 28th November, 2019 For The Appellant: A. Silupumbwe (Ms), Messrs Kaumbu Mwandela Legal Practitioners For The Respondent: M. Manda, Messrs Manda & Pasi Advocates RULING Chashi JA delivered the Ruling of the Court. Rules referred to: 1. The Court of Appeal Rules, 2016 2. The Supreme Court Practice (White Book) 1999 -R2- This is an application by the Applicant which was the Appellant in the main appeal under Cause Number - CAZ Appeal No. 94 of 2018. The application has been brought under Order 13/8 of The Court of Appeal Rules 1 as read with Order 20/ 11 of The Rules of the Supreme Court2 , which provisions deal with correction of clerical errors, accidental slips or omissions. The application is supported by an affidavit deposed to by Mike Jalandi which Counsel for the Applicant relied on at the hearing. The application is not opposed. We have considered the application, the affidavit evidence and our Judgment dated 21 st February 2019. We note that in the said Judgment, we allowed the appeal by the Appellant. However, in our conclusion at page J16, line 5-9, we went on to state as follows: "It therefore follows that grounds one to six of the appeal are accordingly dismissed for lack of merit. As regards the seventh ground of appeal, having dismissed grounds one to six, this ground becomes otiose." • -R3- Having found for the Appellant and allowing the appeal, that was an error on the part of this Court, which needs to be accordingly corrected as follows : "It therefore follows that ground one to six of the appeal are accordingly allowed. As regards the seventh ground of appeal, having allowed grounds one to six, this ground becomes otiose" The application by the Appellant is therefore granted and the Judgment is accordingly corrected. 20/ 11/ 15 of the Rules of the S Judgment is hereby attached as J. CHASHI COURT OF APPEAL JUDGE COURT OF APPEAL JUDGE F. M. LENGALENGA COURT OF APPEAL JUDGE