Commerce Bank Limited v Chimito Trading Limited and Anor (1999/HP/1439) [2002] ZMHC 14 (14 June 2002)
The application for special leave to apply for review out of time is dismissed because a notice of appeal has already been lodged, precluding review under Order 39 High Court Rules.
Source-derived case information.
- Citation
- [2002] ZMHC 14
- Parties
- Plaintiff: Commerce Bank Limited; 1st Defendant: Chimito Trading Limited; 2nd Defendant: Benny Maclean Kaemba
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- 1999/HP/1439
- Procedural Posture
- Civil / Ruling on Application for Special Leave to Review Judgment Out of Time
- Outcome
- Application dismissed with costs
- Legal Topics
- Review of Judgment, Appeal, Time Limits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Commerce Bank Limited
Plaintiff
Chimito Trading Limited
1st Defendant
Benny Maclean Kaemba
2nd Defendant
Procedural Posture
Civil / Ruling on Application for Special Leave to Review Judgment Out of Time
Legal Issues
- 1 Whether the defendant can obtain special leave to review judgment out of time when a notice of appeal has been lodged
Ratio Decidendi
The application for special leave to apply for review out of time is dismissed because a notice of appeal has already been lodged, precluding review under Order 39 High Court Rules.
Court Disposition
Application dismissed with costs
Orders
- Application for special leave to apply for review out of time is dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF ZAMBIA 1999/HP/1439 AT THE PRINCIPAL REGISTRY AT LUSAKA (CIVIL JURISDICTION) BETWEEN: COMMERCE BANK LIMITED Plaintiff AND CHIMITO TRADING LIMITED 1st De fendant BENNY MACLEAN KAEMBA 2 nd Defendant BEFORE THE HONOURABLE MR. J USTICE PETER CHITENGI IN CHAMBE RS AT LUSAKA THIS 14TH DAY OF J UNE, 2002. For the Plaintiff Kalind a Legal Cou n sel - Bank of Zambia For the Defendant Kaona Mes srs Nakonde Cha m bers RULING This is an a pplica tion by the Defen dan t for spe cial leave t o review Judgm ent out of tim e p u rsu ant t o Rule 39 Rule 2 High Court Rules. The record shows that the Defendants h ave appealed to the Supreme Court. In t erms of Order 39 High Court Rules there can be no review where a notice of appeal h a s been lodged. In the event, the application for special leave to apply for review out of time is dismissed with costs. DONE IN CHAMBERS AT LUSAKA THIS 14TH DAY OF JUNE, 2001. 2