Muzanya-Danie Sisya v Maitwa (SCZ 8 319 of 1999) [2001] ZMSC 104 (12 April 2001)

IN THE SUPREME COURT OF ZAMBIA SCZ APPEAL NO. 8/319/1999 HOLDEN AT LUSAKA (CIVIL JURISDICTION) BETWEEN: MUZANYA-DANIE SISYA Appellant and MALINA MAITWA Respondent CORAM: Sakala, Chirwa, Late Muzyamba JJs at Lusaka on 23rd May 2000 and 12th April 2001 For the Appellants: In Person For the Respondent: Mr. F. H. M. Hamakandu, Batoka Chambers JUDGMENT Chirwa, J. S. delivered the judgment of the Court: - When we heard this appeal on 23rd May 2000 the panel included our late brother, Hon. Mr. Justice Muzyamba and we dismissed the appeal with reasons to be given later. Our brother Justice Muzyamba died before we J2 could give reasons and this judgment should be taken as judgment by the majority. The application before us was in fact a rehearing after the matter was dismissed by a single judge. The application before a single judge was for a stay of execution of judgment obtained by the respondent in the Subordinate Court and confirmed by the High Court. From the affidavits in the High Court and before us, the appellant admits to have been indebted to the respondent originally in the sum of K4,000,000-00 (four million kwacha). He paid KI,000,000-00 (one million kwacha leaving a balance of K3,000,000-00 (three million kwacha) and this is the amount that the respondent claimed and obtained judgment on. The debt having been admitted we do not see what he is appealing against. It appears that the application for stay of execution pending appeal was filed as a ploy to prevent the respondent from enjoying the fruits of the judgment as no notice of appeal and memorandum of appeal have been exhibited to show that an appeal is pending. As we have stated already there cannot be any merit in an appeal where the debt is admitted. It is for these reasons that we dismissed the appeal with costs. E. L. SAKALA ACTING DEPUTY CHIEF JUSTICE D. K. CHIRWA SUPREME COURT JUDGE