Zulu v Kwane and SP Mulenga Investments Limited (HP 279 of 2009) [2014] ZMHC 86 (22 July 2014)

IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY (Civil J u risd ictio n ) 2 0 0 9 /H P / 0 2 7 9 BETWEEN: WELUZANI ZULU AND PLAINTIFF G MARTIN KWANE SP MULENGA INVESTMENTS LIMITED 1ST DEFENDANT 2 nd DEFENDANT B efore th e H on. Mr. J u s tic e D. Y. S ich in g a , SC in C ham bers at Lusaka on th e 2 3 rd day o f J u ly , 2 0 1 4 For th e P la in tiff : Legal Aid Board For th e 1st D efen d a n ts : M essrs C. K. M. & A sso c ia te s For th e 2 nd D efen d an ts: M essrs Kangwa K apita A d v o ca tes R U L I N G This is the 2nd D efendant’s application for special leave to review Ruling dated 7th January, 2014 and for an Order for Misjoinder o f party to proceedings. The application is supported by an affidavit filed on the 17th March 2014 and opposed to by an affidavit filed on 30lh April 2014. R1 The gist o f the affidavit in support is that this court did not consider the 2nd Defendant’s affidavit in opposition termed as an “Affidavit in reply to the affidavit in support o f summons fo r non-joinder ofparties” . The gist of the affidavit in support is that the 2nd Defendant was not a party to the transaction between the Plaintiff and first Defendant, and that the Plaintiff did not show the 2nd Defendant’s interest in the matter. I have considered the said affidavit filed on the 6 January 2014 together with the t h • affidavit in support and opposition to this application. The statement o f claim raises specific allegations as regards the 2nd Defendant which it must prove at trial on a balance o f probabilities. I am thus inclined to decline the application to review my Ruling o f the 7th January 2014. Leave to appeal to the Supreme Court is granted. Costs be in the cause. Matter is now sent to the Judge-in-charge for reallocation. R2