Thomas Owusu & 142 Others v The Attorney General (Appeal 53 of 2011) [2015] ZMSC 76 (13 May 2015)

IN THE SUPREME COURT OF ZAMBIA APPEAL NO.53 OF 2011 HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: THOMAS OWUSU AND 142 OTHERS (cid:9) AND ATTORNEY GENERAL APPELLANTS RESPONDENT CORAM: CHIBOMBA, WANKI, JJS AND LENGALENGA, AG. JS 151h October, 2014 and 131h May, 2015 For the Appellants: Mr. N. Okware - Messrs. Mutemwa Chambers For the Respondent: Mr. C. K. Sikazwe - Attorney General's Chambers. JUGMENT WANKI, JS, delivered the Judgment of the Court. The appellants herein moved this Court pursuant to Rule 48(5) of the Supreme Court Act Chapter 25 of the Laws of Zambia for an order to interpret the judgment of this Court dated 14th February, 2014 in light of the main judgment dated 9th April, 2008. The appellants filed an Affidavit in Support of the Motion that was sworn by the 1st appellant; on 20th August, 2014 the respondent filed an Affidavit in Opposition that was sworn by Milambo Michelo. (cid:9) (cid:9) (cid:9) Counsel on both sides filed industrious submissions and we remain indebted. However, we shall not reproduce the same herein. This Motion invited us to interpret the judgment of this Court as sought. We now take our privilege to give our short reaction to the Motion and the same represents our interpretation. The reference to Circular B3 of 1965 in our judgment dated . (cid:9) 14th February, 2014, was a slip of the pen. We still maintain our position that the appellant's baggage allowance should be computed pursuant to Circular No. B9 of 1985 as stated in our judgment dated 9th April, 2008. In the premises we find that there is merit in this Motion and it is accordingly allowed. H. Chibomba, SUPREME COURT JUDGE. M. E. Wanki, (cid:9) SUPREME COURT JUDGE (cid:9) F. M. Lengalenga, ACTING SUPREME COURT JUDGE J2 IN THE SUPREME COURT OF ZAMBIA APPEAL NO. 202 OF 2014 HOLDEN AT LUSAKA (Criminal Jurisdiction) BETWEEN: EVANS KUNDA AND THE PEOPLE APPELLANT RESPONDENT • CORAM: (cid:9) WANKI, MUYOVWE, AND MALILA, JJS On 13th January, 2015 and 141 April, 2015 For the Appellant: Mr. K. Muzenga - Chief Legal Aid Counsel, Legal Aid Board For the Respondent: Mrs. M. K. Chitundu - Principal State Advocate, National Prosecution Authority JUDGMENT WANKI, JS, delivered the Judgment of the Court. This appeal first came up for hearing on the 41h November, 2014. Before the date of the first hearing a notice of abandonment was filed by the appellant's Counsel. However, at the hearing the said notice was withdrawn and as the appellant was not ready, the appeal was adjourned to the December, 2014 Ndola Session. When the matter came up for hearing in Ndola, the appellant was not ready. The appellant applied for an adjournment and J2 consequently it was adjourned to the January, 2015 Session for the last time. When the appeal came up during the January Session the appellant was not ready as usual. An application for another adjournment at the instance of the appellant was not allowed. Therefore, Counsel for the appellant (Mr. Muzenga - Chief Legal Aid Counsel) undertook to file grounds and heads of arguments by the 30th January, 2015. The respondent was to file its response by 16th February, 2015 and a reply if any from the appellant was to be filed by 23rd February, 2015. The judgment was reserved. Unfortunately, at the time of writing this judgment the grounds and heads of argument had not reached the Court despite the undertaking by Counsel for the appellant. It is sad that the issues which necessitated this appeal were not brought before us for determination. In the circumstances, we are left with no option but to dismiss the appeal for, want of prosecution. • M. E. Wanki, SUPREME COURT JUDGE E. N. C. Muyovwe, SUPREME COURT JUDGE Mali1a,. C-, SUPREME COURT JUDGE