Luanshya Milling Company Limited v Musonda (HP 1774 of 2013) [2014] ZMHC 97 (31 July 2014)

IN THE HIGH COURT FOR ZAM BIA 2 013 / H P / l774 AT THE PRINCIPAL REGISTRY AT LUSAKA (Civil Jurisdiction) Between: LUANSHYA M ILLING C O M PANY LIMITED PLAINTIFF AND ELIAS M USO NDA DEFENDANT Before the Honourable Mr. Justice C. F. R. M chenga SC For the Plaintitt: M. Haim be, Sinkam ba Legal Practitioners For the Defendant: P. G. Katupisha, M ilner Katolo& Associates RULING The defendant, pursuant to O rder 29 Rules 9 and 10 and O rder 29 Rule 18 of the Rules of the Suprem e C ourt 1999 Edition, applied for an order for paym ent by the plaintiff into court of rent. The application is supported by an affidavit deposed by the defendant. The plaintiff opposed the application. On 28th May 2014, I , > 4 R2 allowed the d e fe nd a nt’s application to join Chat Brew eries Lim ited, Goodw ard Mulubwa, Chat Beverages Limited and CBS Milling to these proceedings. These proceedings are centred on the ow nership of Stand No. 1395 Luanshya. The plaintiff is the registered ow ner of the property w hile the defendant claims ownership on the basis of an agreem ent signed between him and Chat Breweries on 14th Decem ber 2002. The “2nd" Clause 2 (ii) of the agreem ent provides that “Any dispute arising out of this agreem ent shall first be referred to m ediation failing to which the sam e shall be referred to A rb itra tio n” Chat Breweries is now a party to these proceedings, and this being the case, it is appropriate that this m atter is referred to m ediation. C onsequently, I find that ordering that the plaintiff pays into court at this point will be inappropriate. I therefore decline the application. Costs will be in the cause.