Mwanambinyi v Zambia Consolidated Copper Mines Ltd (SCZ Appeal 33 of 1993) [1993] ZMSC 109 (2 September 1993)

SCZ Appeal No. 33 of 1993 IN THE SUPREME COURT OF ZAMBIA HOLDEN AT LUSAKA ' - (Civil Jurisdiction) BETWEEN: VILLAGE HEADMAN MWANAMBINYI Appellant (ALIAS DICKSON MWAHGALA) and ZAMBIA CONSOLIDATED COPPER MINES Respondent LIMITED Coram: Bweupe, D. C. J. Sakala and Chirwa, JJ. S On 2nd September, 1993 For the Appellant: Hr. Nosiku Kawanambulu of Nosiku Kawanambulu 3 Co. For the Respondent; Hr. E. M. S. Sifanu, ZCCM Legal Counsel JUDGMENT Bweupe, D. C. J. delivered the judgtnent of the Court This is an appeal against the decision of the learned High Court Judge allowing the appeal against the decision of the learned District Registrar striking out the defendant’s statement of defence on account that it did not disclose triable issues. The appellant has filed and argued four grounds of appeal. The learned Counsel for the appellant, Mr. Kawanambulu has argued that the Defendant's defence is bad and consequently does not raise triable issues. \ Mr. Sifanu on the other hand, has argued that triable issues have been raised which would entitle the Court to order that the case should proceed to trial. We do not intend to dwell upon all the arguments raised but suffice it to say that we have carefully considered the defence filed and arguments submitted for and against and, taking into 2/...account the - 2 - account the totality of the matters pleaded such as ownership of the land* matters disclosed but not disposed of In the Subordinate Court judgment relied upon, we are of the view that triable issues have been adequately raised. Having therefore heard the appellant's Counsel and considering the Plaintiff's statement of claim and the Defendant's defence we are of the view that triable issues have manifested In this case for the parties to proceed with the trial. We have no reason to upset the judgment of the court below. In the circumstances, the appeal is dismissed and direct that the case must proceed in the usual way that is as the order of direction has already been made, that order should be followed. 8. K. 3wejpe DEPUTY CHIEF JUSTICE E. L. SaUIa SUPREME COURT JUDGE