Camdex International Ltd v Bank of Zambia & Anor [1997] EWCA Civ 798 (17 January 1997)

Camdex International Ltd v Bank of Zambia & Anor [1997] EWCA Civ 798 (17 January 1997)

The obligation imposed on ZCCM by BOZ's direction under Zambian law is not a civil debt but a statutory duty enforceable only by criminal sanction; no civil cause of action exists for BOZ to recover the foreign exchange, and English courts cannot enforce Zambian public law obligations. Therefore, the garnishee order cannot be made absolute.

Citation
[1997] EWCA Civ 798
Parties
Judgment Creditor/appellant: Camdex International Limited; Judgment Debtor/respondent: Bank of Zambia; Garnishee/respondent: Zambia Consolidated Copper Mines Limited
Jurisdiction
England and Wales
Judgment Date
17 January 1997
Procedural Posture
Appeal / Appeal From Refusal to Make Absolute a Garnishee Order Nisi
Outcome
Appeal dismissed
Legal Topics
Garnishee Proceedings, Foreign Exchange Control, Enforcement of Foreign Judgments, Attachment of Debts, Public Law Enforcement
Civil Procedure Banking Law International Law Garnishee Proceedings Foreign Exchange Control Enforcement of Foreign Judgments Attachment of Debts Public Law Enforcement

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Parties

Camdex International Limited

Judgment Creditor/appellant

Bank of Zambia

Judgment Debtor/respondent

Zambia Consolidated Copper Mines Limited

Garnishee/respondent

Procedural Posture

Appeal / Appeal From Refusal to Make Absolute a Garnishee Order Nisi

Legal Issues

  1. 1 Whether ZCCM's obligation to remit foreign currency to BOZ creates a debt attachable by garnishee proceedings
  2. 2 Whether BOZ has a civil cause of action against ZCCM under Zambian law
  3. 3 Whether English courts can enforce Zambian public law obligations

Ratio Decidendi

The obligation imposed on ZCCM by BOZ's direction under Zambian law is not a civil debt but a statutory duty enforceable only by criminal sanction; no civil cause of action exists for BOZ to recover the foreign exchange, and English courts cannot enforce Zambian public law obligations. Therefore, the garnishee order cannot be made absolute.

Court Disposition

Appeal dismissed

Orders

  • Garnishee order nisi not made absolute
  • No attachment of funds held by ZCCM for BOZ