Jones v Sons of Thunder Ltd (CAZ 8 69 of 2016) [2017] ZMCA 140 (2 March 2017)

IN THE COURT OF APPEAL OF ZAMBIA HOLDEN AT LUSAKA (Civil Jurisdiction) CAZ/08/69/2016 Before the Hon. Mrs. Justice J. Z. Mulongoti In Chambers on the 2nd Day of March, 2017. For the Appellant: For the Respondent: NA NA RULING Legislation referred to: 1. Court of Appeal Rules, Statutory Instrument No. 65 of 2016 This is an ex parte application by the appellant for leave for extension of time within which to file the record of appeal pursuant to OrderVII Rule 1(1) and Order XIII Rule 3 (1) (c)and Rule 3 of the Court of Appeal Rules. The application was made by summons supported by an affidavit sworn by Inutu Etambuyu Suba, in her capacity as advocate for the appellant. -Rl- She deposed that on 25th October, 2016 the appellant filed a Notice of Appeal and Memoranum of Appeal. That the appellant has made a lot of progress in preparation of the record of appeal. However, the notes of the proceedings in the court below have not been typed despite frantic efforts to have them finalised. Therefore, the record of appeal would not be ready for filing within the stipulated time. I set the 10thof January, 2017 for hearing but counsel for the appellant filed a notice of motion for an adjournment on 9th January, 2017 on the ground that she was travelling out of jurisdiction on that date. I adjourned the matter to 16thJanuary, 2017. On that day, the appellant’s advocates did not appear. I therefore, adjourned the matter for ruling. I have considered the affidavit evidence in support of the application. Counsel for the appellant deposed that the reason for failing to file the record of appeal on time was due to the fact that the proceedings in the court below have not been typed and finalised. I am of the considered view that the reasonadvanced is valid and sufficient to warrant an order for extension of time. The application succeeds. The appellant to file the record of appeal and heads of arguments within 30 days from today. -R2- Costs of this application shall be in the cause. Delivered at Lusaka this . day of .. . 2017. Court of Appeal Judge -R3-