Meridien Biao Bank Zambia Bank v Chibote Ltd and Ors (SCZ 8 9 of 1998) [1999] ZMSC 85 (21 April 1999)

IN THE SUPREME COURT OF ZAMBIA SC/8/9/98 Appeal No.71/98 AT LUSAKA REGISTRY HOLDEN AT KABWE (CIVIL JURISDICTION) BETWEEN: MERIDIEN BIAO BANK ZAMBIA LIMITED APPELLANT (IN LIQUIDATION) AND CHIBOTE LIMITED MAZEMBE TRACTOR COMPANY LIMITED MINESTONE LIMITED MINESTONE ESTATES LIMITED 1ST RESPONDENT 2ND RESPONDENT 3RD RESPONDENT 4TH RESPONDENT CORAM: Bweupe, D. C. J., Sakala, Chaila, Chirwa, andMuzyamba, JJJJ. S on 3rd November, 1998, 2nd December, 1998, and 21st April, 1999 For the Appellant: Mr. Ali M. Hamir, S. C., with Mr. M. O. Hamir. For the Respondents: Mr. Steven Malama with Dr. Remmy Mushota RULING Bweupe, D. C. J. delivered the Ruling of the Court. We have considered the application for an adjournment and the reasons given. We wish to take the opportunity to repeat the observation we made when we sat in November, 1998 that the learned trial Judge did not resolve a number of issues. And it is for this reason that the parties wish to adduce fresh evidence; this intimation by the parties reinforces our earlier observation that the trial Judge had not resolved all the issues and claims in this matter. 1. As an appellate Court, it is not within our jurisdiction to resolve issues for the first time. We set aside the Judgement of the Court below and Order a re-trial before a different Judge of the High Court. The Costs rajollbw~otrteeme-of the trial. B. K. BWEUPE DEPUTY CHIEF JUSTICE E. L. SAKALA SUPREME COURT JUDGE M. S. CHAILA SUPREME COURT JUDGE D. K. CHIRWA SUPREME COURT JUDGE W. M. MUZYAMBA SUPREME COURT JUDGE 2.