J. Z. Morrison (Export) Limited v Chita Chibesakunda and Anor (2024/HP/ 1645) [2025] ZMHC 100 (7 November 2025)

IN THE HIGH COURT OF ~ll§~~~~ AT THE PRINCIPAL RE S HOLDEN AT LUSAKA (Probate Jurisdiction) 0 7 NOV 2025 2024/HP/ 1645 IN THE MATTER OF: IN THE MATTER OF: BETWEEN: ' N AS STAND NO. USAKA AN APPLICATION FOR A VESTING ORDER PURSUANT TO SECTION 14 OF THE HIGH COURT J. Z. MORRISON (EXPORT) LIMITED APPLICANT AND CHITA CHIBESAKUNDA 1 ST RESPONDENT ABODE PROPERTIES LIMITED 2ND RESPONDENT BEFORE THE HONOURABLE MR. JUSTICE S. V. SILOKA IN OPEN COURT ON THE 'Tf'H DAY OF NOVEMBER, 2025. For the Applicant: For the 1st Respondent: For the 2nd Respondent: CASES REFERRED TO: 1) Newplast Limited Vs Commissioner of Lands and Another (SCZ No. 8 of 2001); 2) Peggie Zulu (suing as Administrator of the Estate of the late James Zulu) Vs Lucia Kamanga Makina and Walter Mununga Kangal (2017 I HPF/ 0036); and 3) Chola Chakonta, Agness Nyondo C~akonta & Administrator of the Estate of Patrick Malaya (2015/ HP/2447). LEGISLATIONS REFERRED TO: 1) Section 14 of the High Court Act Chapter 27 ofthe Laws of Zambia. 1.0 INTRODUCTION 1. 1 This Application was commenced by Originating Summ ons pursuant to Section 14 of the High Court in which the Applicant prayed thus : 1) An Order that the Deputy Registrar to execute State Consent and Deed of Assignment for and on behalf of the Respondents. 2) Any other relief the Court may deemfit. 2.0 AFFIDAVIT IN SUPPORT 2.1 The Affidavit in Support was deposed to by Harindra Chaman Gunasekera of Plot No. 19A N'gumbo Road, Long Acres, Lusaka of the Republic of Zambia. 2.2 The Deponent deposed that he was the Property Manager in the Applicant's Company as such he has auth ority to swear this Affidavit from facts within his personal knowledge. 2 .3 That the Court of Appeal sitting in Ndola did deliver Judgment in favour of the Applicant as per exhibit m arked "HCGl". 2.4 Th at t h e Respondent h ave not been co-oper ative to sign a Deed of .. Tra n sfer for the properties as directed by the Court in paragraph 2.3 above. 2.5 That for the foregoing reasons, this Court should grant an Order directing the Deputy Registr ar of the High Court to execute State -R2- Consent and Deed of Assignment for and on behalf of t h e Respondents. 3.0 AFFIDAVIT IN OPPOSITION 3.1 No Affidavit and Skeleton Arguments were filed in Opposition . 4.0 THE HEARING 4 . 1 The Ma tter came up for status on th e 16 th of October, 2 025 at 11:30 hours. None of the Pa r ties were present. 4.2 Looking at the nature of the Application, t h e Court decided to render its Ruling based on the documents filed on Record as guided in Newplast Limited Vs Commissioner of Lands and Another( ll. 5.0 ISSUES FOR DETERMINATION i. Whether this Application is properly before Court; ii. Whether the Deputy Registrar can be ordered to execute State Consent and Deed of Assignment for and on behalf of the Respondents. 6.0 CONSIDERATION AND DECISION OF THE COURT i. Whether this Application is properly before this Court? 6 .1 Section 14 of the High Court Act Chapter 27 of the Laws of Zambia provides th at: "Where any person neglects or refuses to comply with a Judgment or Order directing him to execute any conveyance or other document or to endorse any negotiable instrument, the Court may, on such terms -R3- and conditions, if any, as may be just, order that the conveyance, contract or other document shall be executed or that the negotiable instrument shall be endorsed by such person as the Court may nominate for that purpose, and a conveyance, contract document or instrument so executed or endorsed shall operate and be for all purpose availed as if it had been executed or endorsed by the person originally directed to execute or endorse it." 6.2 In light of th e guidan ce in 6.1, it is m y consider ed opinion that this Application is properly before Court . ii. Whether the Deputy Registrar can be ordered to execute State Consent and Deed of Assignment for and on .. behalf of the Respondents . 6.3 In Peggie Zulu {suing as Administrator of the Estate of the late James Zulu) Vs Lucia Kamanga Makina and Walter Mununga Kangal(2l , the Court stated the following on Section 14: "The preceding section empowers a Court to nominate another person to execute instruments where there has been neglect or refusal to comply with a Judgment or Order of the Court. For this Section to be invoked there must be neglect or failure by a party to comply with a Judgment or Order issued by a Court of competent Jurisdiction." 6.4 Further in the case of Chola Chakonta, Agness Nyondo Chakonta and Administrator of the Estate of Patrick -R4- Malaya(3l, that Court stated that a Court may grant a Vesting Order where it has determined that a transfer of Title is appropriate but due to the nature . of the legal procedures, it is unlikely that an actual conveyance of Title can be effected on a casual basis. This situation may arise in contentious family law disputes over properly or in civil disputes where the Plaintiff is claiming specific performance or wh ere a p arty's beneficial ownership is disputed. 6.5 From the guidance above, it is clear that this Court has the discretion to grant a Vesting Order where there is failure or n eglect to complete a transaction following a Court Order or Judgment. In casu, the Court of Appeal Judgm ents da ted 23rd J anuary, and 7 th March, 20 19 exhibit "HCGl" on page 26 stated as follows: "In the event of default, the Respondent shall be at liberty to foreclosure, have possession and exercise its power of sale of Stand Number 465 Kabulonga and Property Number LUS/502/CLB pledged as security." 6.6 As demonstrated in the Affidavit in Support the Applicant has neglected to sign State Consent and Deed of Assignment in fulfilment of the Court of Appeal Judgment. 6.7 In view of what is stated above, it is my considered opinion that this, is a proper case for this Honourable Court to exer cise its discretion to grant the Vesting Order. -RS- 7 .0 CONCLUSION 7.1 In conclusion, I vest Property Number 465, Kabulonga and Property Number LUS/502/CL8 onto the Respondent and Order th at the Deputy Registrar signs State Consent and Deed of Assignment on behalf of the Respondent. DELIVERED AT LUSAKA IN OPEN COURT ON THE 7TH DAY OF NOVEMBER, 2025. S. V. SILOKA HIGH COURT JUDGE REPUBLIC OF ZAMBIA HIGH COURT OF ZAMBIA ECONOMIC & FINANCIAL CRIMES DIVISION •I O 7 NOV 2025 ,~ JUDGES. V. SILOKA P. 0 . BOX 50067, LUSAKA -R6-