University of Lusaka Limited v Attorney General and Ors (2023/HP/0933) [2024] ZMHC 74 (31 January 2024)

IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (CIVIL JURISDICTION) ~t~\)8L\C OFZA4181,1 2023/HP/0933 PRINCIPAL. 3 1 ~AN. 2023 J BETWEEN: \. UNIVERSITY OF LUSAKA LIMITED APPLICANT ~0 B()x a a a REGISTRY - 6 ~1- ""~ . L~Sl"":,,,,,,,-~ .. AND ATTORNEY GENERAL AND OTHERS CONSTATINE HANGALA CHIMUKA 1 ST RESPONDENTS 2Nd RESPONDENT Before: The Hon. Mr. Justice Charles Zulu. For the Applicant: The 1st Respondent: For Mrs. Mwanawasa: For the 2 nd Respondent: Ms. W. S. Kankondo of Mesdarnes Sil and Kay Advocates. No Appearance. Mr. D. Jere, of Messrs Dickson Jere & Associates. Mr. S. Lungu, SC., & Mrs C. Mwale, of Messrs Shamwana & Company. RULING Delivered extempore. Cases referred to: • l. Liamond Choka v Chilufya (SCZ Judgment No. 2 of 2002). Legislation re.ferred to: 1. The Rules of the Supreme Court of England and Wales 1965 (RSC) White Book 1999 Edition. ·----- - ---------- - • Scanned with CamScanner I have carefully considered the application regarding the propriety, or otherwise of the matter being heard and determined by way of summary proceedings under Order 1 l 3 RSC. The object of Order 113 RSC is speedy disposal of land disputes, where title is not in contention. However, where title is in contention, the recourse to Order 113 RSC is certainly untenable (see Liamond Choka v. Chilufya (SCZ Judgment No. 2 of 2002). 1.2 I agree with the submission that, indeed with the joining of the second Respondent, it is clearer that there is contention as to the title of the property in dispute. And the option of deeming the matter to have been commenced by writ of summons is tenable. 1.3 There is no opposition from the Applicant. The lack of instructions from the client is no basis to deny the application. Similarly, there is no stay of proceedings to halt these proceedings. 1.4 In the light of the foregoing, the application is granted. Accordingly, under the authority of Order 28 r. 8 RSC the matter herein is deemed to have been commenced by writ of summons, and the affidavits thereof shall be deemed to be pleadings. 1.5 Therefore, determination of the application for consolidation which was deferred, pending determination of the present matter shall be delivered on February 8, 2024. -R2- Scanned with CamScanner . 1.6 I make no order as costs. DATED THE 31ST DAY OF JANUARY, 2024. ~ ' - ---- •••••••••••••••••••••••••••••••••••••••••••••••••••• • •••••••••• THE HON. MR. JUSTICE CHARLES ZULU -~ ~ -R3· Scanned with CamScanner