Lewis Nathan Advocates v Cavmont Capital Holdings PLC (HPC 9 of 2013) [2014] ZMHC 95 (31 July 2014)

IN THE HIGH COURT FOR ZAMBIA 2013/HPC/0009 AT THE COMMERCIAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: LEWIS NATHAN ADVOCATES (Suing as a PLAINTIFF AND CAVMONT CAPITAL HOLDINGS PLC DEFENDANT BEFORE HON. MADAM JUSTICE PRISCA MATIMBA NYAMBE, SC AT LUSAKA IN CHAMBERS For the Plaintiff: Mr. George Mpundu Kanja Messrs Palan George Advocates For the Defendant: Mr. L Linyama Messrs Eric Silwamba, Jalasi and Linyama Legal Practitioners RULING This is the Defendant’s application for Leave to appeal to the Supreme Court against the Decision of the Court dated 8th April, 2014. The Plaintiff opposed the application. From the outset I wish to point out that the right to appeal is part of the process which this Court affirms. In the instant case the omission of the words “Right to Appeal is granted” was a slip of the pen and the right to appeal ought to have been granted as a matter of due process. With the above in view the Application for Leave to appeal to the Supreme Court is granted. However there will be no Stay of execution of the said Judgment as the Plaintiff is a well known Advocate and in the unlikely event that the appeal would succeed, the Defendant will know where to find the Plaintiff. Dated this Prisca M. Nyambe, SC JUDGE R2