Indo-Zambia Bank Limited v Mwelwa and Another (HPC 145 of 2013) [2016] ZMHC 44 (4 February 2016)
Stay of execution is declined in respect of the Referee's costs as the Referee was appointed by the Court and must be paid for work done; in all other respects, stay of execution is granted.
Source-derived case information.
- Citation
- [2016] ZMHC 44
- Parties
- Applicant: Applicant; Respondent: 1st Respondent; Respondent: 2nd Respondent
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HPC 145 of 2013
- Procedural Posture
- Civil / Ruling on Application for Stay of Execution
- Outcome
- Stay of execution granted in part; declined in respect of Referee's costs.
- Legal Topics
- Stay of Execution, Costs Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
1st Respondent
Respondent
2nd Respondent
Respondent
Procedural Posture
Civil / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether stay of execution of judgment should be granted in respect of the Referee's costs
- 2 Whether the Referee's costs should be paid by the Applicant
Ratio Decidendi
Stay of execution is declined in respect of the Referee's costs as the Referee was appointed by the Court and must be paid for work done; in all other respects, stay of execution is granted.
Court Disposition
Stay of execution granted in part; declined in respect of Referee's costs.
Orders
- Stay of execution is declined in respect of the Referee's costs.
- Issue of the Referee's costs is referred to the Deputy Registrar, Commercial List for assessment.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT FOR ZAMBIA 2013/HPC/0145 AT THE COMMERCIAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: APPLICANT IST RESPONDENT 2ND RESPONDENT BEFORE HON. MADAM JUSTICE PRlSCA MATIMBA NYAMBE, SC AT LUSAKA IN CHAMBERS For the Applicant: Mr. Pindani Messrs Chonta, Musaila & Pindani Advocates For the 1st Respondent: Referee: In person No appearance RULING List of authorities referred to: 1. Order XXIIIof the High Court Rules Cap 27 of the Laws of Zambia AFTER listening to submissions by Counsel for the Applicant and the Respondent, TAKING into account the fact that Counsel for the Applicant is of the view that the issues in this case are novel, I will grant Stay of Execution of the Judgment in PART ONLY: NOTING that a Stay of Execution of a Judgment is not automatic and is at the discretion of the Court; AND the Applicant not having provided any reason why the costs of the Referee should not be paid; GIVEN that the Costs are for work done by the Referee appointed by the Court, PURSUANT to Order XXIII of the High Court Rules Cap 27 of the Laws of Zambia a Stay of Execution of the Judgment rendered on 181h December 2015 as pleaded in ground 4 of the grounds of Appeal fails for lack of legal justification as the Referee was appointed by the Court in accordance with the Rules. It goes without saying that the Referee has to be paid for work done. Order:- Stay of execution is declined in respect of the Referee's costs. It is FURTHER ORDERED that the issue of the Referee's costs is hereby referred to the Deputy Registrar, Commercial List for assessment, taking into account the indepth investigations undertaken by the Referee. In all other respects the Stay of Execution of Judgment is granted. Dated thiS f.~..day of .. ' . .2016 Prisca M. Nyambe, SC JUDGE RZ