Ruida Investments Limited v Webby Kyayukwa (CAZ/08/180/2023) [2025] ZMCA 160 (3 December 2025)

IN THE COURT OF APPEAL OF ZAMBIA CAZ/08/180/2023 HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: 0 3 DEC 2025 RUIDA INVESTMENTS LIMITED APPLICANT AND WEBBY KYAYUKWA RESPONDENT Before Hon. Mrs. Justice A. M. Banda-Bobo in Chambers on 3 rd December, 2025. For the Applicant: Mr. C. Chibelo of Messrs Mosha and Company For the Respondent: Mrs. H. C. Musa of Messrs Milner and Paul Legal Practitioners RULING 1.0 INTRODUCTION 1.1 This record was allocated to this Court as a single judge on 17th September, 2025. The Applicant filed summons for an order to adjust judgment sum. 2.0 NOTICE OF MOTION TO RAISE A PRELIMINARY OBJECTION 2.1 Before the summons could be heard, the Respondent filed a Notice of Motion to Raise Preliminary issues. I heard the • parties, on the Motion to Raise a Preliminary Issue on 4 th November, 2025 and reserved the matter for Ruling. 3. 0 REFFERAL 3.1 In the course of dealing with the Ruling, it was realised that the matter should not have come to this Court as a single Judge, as the application made related to ajudgment delivered by a full Court. It should have come by way of Motion, to the full Court for determination. 3.2 Order X rule 6 of the Court of Appeal Rules, allows this Court to adjourn the matter to the full court. It is couched thus: "(6) An application made to a single judge may be adjourned by that judge, for consideration of the court." 3.3 It is in light of the above that I adjourn this matter for consideration of the application by the full court. The full Court will advise the date of hearing of the Motion. Dated at Lusaka, this 3 rd day of December, 2025 . .•••...•.•. ~ •.•.•...•••.•...........••• HON. MRS. JUSTICE A. M. BANDA-BOBO COURT OF APPEAL JUDGE