MULUBISHA V ATTORNEY GENERAL (2020/CCZ/0013) [2020] ZMCC 17 (24 April 2020)

MULUBISHA V ATTORNEY GENERAL (2020/CCZ/0013) [2020] ZMCC 17 (24 April 2020)

The court held that it has jurisdiction to extend time under Order XV rule 7 of the Constitutional Court Rules, and that the applicant's delay, though significant, was justified by the need for consultations. The court found that the applicant had shown sufficient cause and granted the extension, allowing the...

Source-derived case information.

Citation
[2020] ZMCC 17
Parties
Petitioner: Wesby Mulubisha; Respondent: Attorney General
Court
Constitutional Court of Zambia
Jurisdiction
Zambia
Judgment Date
24 April 2020
Case Number
2020/CCZ/0013
Procedural Posture
Constitutional Petition / Ruling on Application for Extension of Time
Outcome
Application for extension of time granted
Legal Topics
Extension of Time, Accidental Slip Rule, Chiefs Act Constitutionality
Source Language
english
Constitutional Law Civil Procedure Extension of Time Accidental Slip Rule Chiefs Act Constitutionality

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Parties

Wesby Mulubisha

Petitioner

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the court should grant an extension of time to apply for leave to correct an alleged accidental omission in the judgment

Ratio Decidendi

The court held that it has jurisdiction to extend time under Order XV rule 7 of the Constitutional Court Rules, and that the applicant's delay, though significant, was justified by the need for consultations. The court found that the applicant had shown sufficient cause and granted the extension, allowing the application for leave to correct the alleged accidental omission to be filed within seven days.

Court Disposition

Application for extension of time granted

Orders

  • The relevant application for leave to correct the alleged accidental omission must be filed before the full court within seven days, failing which it shall stand dismissed.
  • Costs shall be in the cause.