National Prosecution Authority v Felix Kakula (APPEAL NO. 301/2022; CAZ/08/432/2022) [2024] ZMCA 240 (16 September 2024)

IN THE COURT OF APPEAL OF ZAMBIA APPEAL NO. 301/2022 HOLDEN AT NDOLA CAZ/08/432/2022 (Civil Jurisdiction) BETWEEN: NATIONAL PROSECUTION AUTHORITY APPPELANT AND FELIX KAKULA RESPONDENT CORAM: KONDOLO SC, MAJULA & BANDA-BOBO JJA On 15th August and 16th September, 2024 For the Appellant: Ms. S. M. Besa - National Prosecution Authority For the Respondent: Mr. C. Chungu - Messrs Nsapato & Company Advocates (Under LAZ Pro Bono Program) EX - TEMPORE RULING KONDOLO SC, JA delivered the Ruling of the Court We have considered the arguments advanced by the parties and we note that the Appellant has admitted that the initial application to extend time within which to file the record of appeal was made after the prescribed time had already expired. R2 of2 This simply means that the single Judge of this Court had no jurisdiction to hear and determine the application, that in turn means that we equally lack jurisdiction because the Order extending time was a nullity and nothing can be built on a nullity. Because we lack jurisdiction, there is no need to even consider the issue of the Order not being on the record as it is now rendered irrelevant, as to all intents and purposes, there is really nothing before us. The appeal is dismissed for that reason. - :::, M. M KONDOLO COURT OF APPEAL JUDGE ........ IJJ.1 ~~.~!?. ....... ········ B.~(~ M ~~; .. COURT OF APPEAL JUDGE A. M. BANDA-BOBO COURT OF APPEAL JUDGE