Fratelli Fasani Spa v Zambital (Z) Ltd & Another (S.C.Z. Judgment 20 of 1983) [1983] ZMSC 13 (17 November 1983)

FRATELLI FASANI SPA v ZAMBITAL (Z) LTD AND ANOR (1983) Z. R. 129 (S. C.) SUPREME NGULUBE, D. C. J., GARDNER AND MUWO, JJ. S. 18TH (S. C. Z. APPEAL NO. 23 OF 1983 NOVEMBER JUDGMENT NO. COURT ,1983 OF 1983) Flynote Contract - Performance - Place - Jurisdiction. Courts- Jurisdiction - Contract - Place of performance - Need to ascertain. Headnote In a disagreement involving a contract between a Zambian Importer and an Italian exporter, the trial court found that the performance of the contract was carried out in Italy and out of the jurisdiction courts. of Zambian the Ruling: The performance of the contract, in the circumstances had to be carried out in Zambia, and the matter. Zambian jurisdiction courts over had the S. M. Malama, Jacques and Partners. For the appellant: For the respondents: M. Lwatula, Ellis and Co., instructed by A. J. Mkandawire and Co. ___________________________________ Judgment NGULUBE, D. C. J.: delivered ruling the of the court. This case came before a High Court judge who ruled that, because one of the parties to the contract was out of the jurisdiction, the performance of the contract must have been carried out in Italy. In fact the performance of the contract had to be carried out in Zambia. In any event, both parties to this action submitted to the jurisdiction of the Zambian courts. The learned trial judge further argued that, because there were no assets of the defendant in Zambia, no judgment could be enforced. pleadings, The p130 however, indicate that the defendant had assets in this country. The learned trial judge also argued that, to award the balance of the purchase price in this case to the Italian company would be contrary to exchange control regulations. The contract was between a Zambian importer and an Italian exporter and in the circumstances, the normal assumption to make is that there must have been exchange control authority in the first place. We are satisfied that the transaction in this case falls within the contemplation of Order 10 Rule 15 of the High Court Rules and that therefore, the Zambian courts have jurisdiction. The decision of the High Court is hereby set aside. The appeal is appellant. allowed costs with the to Appeal allowed __________________________________