Zega Limited and Anor v Zambia Airport Corporation Limited (APPEAL NO. 55 OF 2022) [2023] ZMCA 349 (8 December 2023)

IN THE COURT OF APPEAL OF ZAMBIA APPEAL NO. 55 OF 2022 HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: ZEGA LIMITED COMPETITION AND CONSUMER PROTECTION COMMISSION AND 1 ST APPELLANT 2ND APPELLANT ZAMBIA AIRPORT CORPORATION LIMITED lST RESPONDENT CORAM: Chashi, Muzenga and Patel, JJA ON: 8 t h December 2023 For the 1st Appellant: Messrs Corpus Legal Practitioners For the 2 nd Appellant: In House Counsel For the Respondent: In H ouse Counsel JUDGMENT CHASHI JA, d elivered th e Judgment of the Court Legislation referred to: 1. The Competition and Consumer Protection Act, No 24 of -J2- 1.0 INTRODUCTION 1.1 This is an appeal from the Judgment of the Competition and Consumer Protection Commission delivered on 12th November 2021 , in cause number 2016 / CCPT/010/ COM in favour of the Respondent. 1.2 Dissatisfied with the Judgment, the Appellants appealed to this Court on 8 th December 2021, vide notice of appeal and memorandum of appeal of even date. 2.0 THE APPEAL 2.1 The appeal fronts five grounds of appeal. Evidently the issue of jurisdiction presents itself as to "whether the Court of Appeal has jurisdiction to hear and determine appeals from The Competition and Consumer Protection Tribunal. 2.2 Having pronounced ourselves on the issue before, we decided to deal with the appeal on paper without the presence of Counsel. 2 .3 We also in that respect decided not to delve in the merits of the appeal. -J3- 3.0 OUR CONSIDERATION AND DECISION 3.1 As earlier alluded to, the issue for our consideration is "Whether the Court of Appeal has Jurisdiction to entertain appeals from The Competition and Consumer Protection Tribunal" 3.2 Section 75 of The Competition and Consumer Protection Act1 provides as follows: "A person aggrieved with a decision of the tribunal may appeal to the High Court within thirty days of the determination." 3.3 From the aforestated provision, it is evident that, the Court of Appeal does not have jurisdiction to entertain appeals from The Competition and Consumer Protection Tribunal. Appeals lie to the High Court which is reposed with the requisite jurisdiction as provided for under Section 75 of the Act. 3.4 In view of the aforestated, on account of lack of jurisdiction, this appeal is incompetently before us and is therefore accordingly dismissed. We shall make no Order -J4- as to costs as we dealt with t ppeal on paper and in the absence of the parties. J . CHAS I COURT OF APPEAL JUDGE COURT OF APPEAL JUDGE COURT OF APPEAL JUDGE A. N. PATEL, SC