Meyer and Others v Young (HPC 414 of 2014) [2015] ZMHC 159 (5 November 2015)

,. IN THE HIGH COURT FOR ZAMBIA 20l4/HPC/04l4 AT THE COMMERCIAL REGISTRY HOLDE:.--.rAT LUSAKA (Civil Jurisdiction) BETWEEN: JOHN JAMES MEYER LUCY GRACE MEYER AND - 5 \. "'f'i' lu I V 1ST PLAINTIFF 2ND PLAINTIFF JOHANNES DANIEL YOUNG DEFENDANT BEFORE HON. MADAM JUSTICE PRISCA MATIMBA NYAMBE, SC AT LUSAKA IN CHAMBERS For the Plaintiffs: Mr. Chali Tresford Assisted by 111r. Wiza Chinva. H. H. Ndau & Company For the Defendant: Ms Amanda Theotis Theotis Mat ••ka & Sampa Le.?al Practitioners RULING List of authorities referred to: 1. Order 14A of the Rules of the Supreme Court of E:lgland 1999 Edition This is the Defendant's application brought pursuant to Order 14A of the Rules of the Supreme Court of England 1999 Edition to Raise a Preliminary Issue for disposal of a case on a poim of law. When I perused the Case file, I noted that the issues involved family matters. I therefore requested the parties to submit to mediation with the possibility that the matter could be settled by med:ation. Regrettably on the return date the Mediation Revort indicated that: "mediated but not settled". I therefore proceeded to hear the arrlication. The Preliminary bsue raised herein that is the case is Statute barred and therefore there is no Cause of Acti. Jn. The matter should be dismissed as it is improperly before Court. Counsel for the Plai:1tiff argued tha: the matter is not Statute barred, the matter should pro,:eed to full trial for final determination on the merits of the issues in contention. After listening to submissions made by both Counsel; Upon perusal of the affidavits, the skeleton arguments and lists of authorities filed herein, taking into consideration the fact that the Defendant's ownership of the land in question is being ctallenged under Cause No. 20 14/HP /1859, I find that there are qt:.estions raised herein whi:h need to be determined by the Court on the merits at full trial These questions do raise trial issues. R2 In view of the above, the application to raise a Preliminary Issue on a point of law as submitted is hereby dismissed with costs to the Plaintiffs. The matt=r will proceed to full trial, Scheduling shall be held on 23rd November, 2015 at 09:30 hours . Dated this .... ..(:~.day of .... R.~ ....2015 . . Prisca M. Nyambe, SC JUDGE R3