Banda v The Chief Immigration Officer and anor (SCZ/8/117/92) [1993] ZMSC 145 (14 January 1993)

IN THE SUPREME COURT OF ZAMBIA SCZ/8/117/92 HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: WILLIAM STEVEN BANDA Appellant and THE CHIEF imiGRATION OFFICER 1st Respondent and THE ATTORNEY-GENERAL 2nd Respondent CORAM: Gardner Ag. D. C. J., Chaila & Chlrwa JOS. 14 January 1993 For the Petitioner: R. Ngenda Richard Ngenda A Associates For the Respondent: Chlfumu Banda Solicitor-General ORDER Gardner Ag. D. C. J. delivered the Order of the court. In this case there having been objections concerning the lack of personal^service of notice of these proceedings and of the original order staying the High Court judgment. In view of the conciliatory attirude taken by counsel for both parties there is no need to rule on these questions. We have been asked to clarify the effect of our order for stay of judgment and we do so. The order for stay of judgment means that any doubt as to the nationality of the appellant is In obeyance until such time as the appeal is disposed of. In the meantime the appellant is to be treated as if there were no doubt as to his nationality and he is not to be treated as if he were a prohibited immigrant, suspected or otherwise. We acknowledge that the learned Solicitor-General has undertaken that no member or servant of Government will harrass the appellant in any way in J2 : connection with the issues arising in the appeal until such appeal is finally determined. No order as to costs. B. T. Gardner AG. DEPUTY CHIEF JUSTICE M. 5. Chaila SUPREME COURT JUDGE D. K. Chlrwa SUPREF4E COURT JUDGE