Meridien Biao Bank Zambia Bank v Chibote Ltd and Ors (SCZ 8 9 of 1998) [1999] ZMSC 85 (21 April 1999)
The Supreme Court set aside the judgment of the lower court and ordered a re-trial before a different judge because the trial judge failed to resolve all issues and claims, and it is not within the appellate court's jurisdiction to resolve such issues for the first time.
Source-derived case information.
- Citation
- [1999] ZMSC 85
- Parties
- Appellant: Meridien BIAO Bank Zambia Limited (In Liquidation); 1st Respondent: Chibote Limited; 2nd Respondent: Mazembe Tractor Company Limited; 3rd Respondent: Minestone Limited; 4th Respondent: Minestone Estates Limited
- Court
- Supreme Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- SCZ 8 9 of 1998
- Procedural Posture
- Civil Appeal / Ruling on Application for Adjournment and Disposition of Appeal
- Outcome
- judgment of lower court set aside; re-trial ordered
- Legal Topics
- Appeals, Re Trial, Jurisdiction of Appellate Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Meridien BIAO Bank Zambia Limited (In Liquidation)
Appellant
Chibote Limited
1st Respondent
Mazembe Tractor Company Limited
2nd Respondent
Minestone Limited
3rd Respondent
Minestone Estates Limited
4th Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Adjournment and Disposition of Appeal
Legal Issues
- 1 Whether the appellate court can resolve issues not determined by the trial court
- 2 Whether a re-trial should be ordered due to unresolved issues
Ratio Decidendi
The Supreme Court set aside the judgment of the lower court and ordered a re-trial before a different judge because the trial judge failed to resolve all issues and claims, and it is not within the appellate court's jurisdiction to resolve such issues for the first time.
Court Disposition
judgment of lower court set aside; re-trial ordered
Orders
- Judgment of the court below set aside
- Re-trial before a different judge of the High Court ordered
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF ZAMBIA SC/8/9/98 Appeal No.71/98 AT LUSAKA REGISTRY HOLDEN AT KABWE (CIVIL JURISDICTION) BETWEEN: MERIDIEN BIAO BANK ZAMBIA LIMITED APPELLANT (IN LIQUIDATION) AND CHIBOTE LIMITED MAZEMBE TRACTOR COMPANY LIMITED MINESTONE LIMITED MINESTONE ESTATES LIMITED 1ST RESPONDENT 2ND RESPONDENT 3RD RESPONDENT 4TH RESPONDENT CORAM: Bweupe, D. C. J., Sakala, Chaila, Chirwa, andMuzyamba, JJJJ. S on 3rd November, 1998, 2nd December, 1998, and 21st April, 1999 For the Appellant: Mr. Ali M. Hamir, S. C., with Mr. M. O. Hamir. For the Respondents: Mr. Steven Malama with Dr. Remmy Mushota RULING Bweupe, D. C. J. delivered the Ruling of the Court. We have considered the application for an adjournment and the reasons given. We wish to take the opportunity to repeat the observation we made when we sat in November, 1998 that the learned trial Judge did not resolve a number of issues. And it is for this reason that the parties wish to adduce fresh evidence; this intimation by the parties reinforces our earlier observation that the trial Judge had not resolved all the issues and claims in this matter. 1. As an appellate Court, it is not within our jurisdiction to resolve issues for the first time. We set aside the Judgement of the Court below and Order a re-trial before a different Judge of the High Court. The Costs rajollbw~otrteeme-of the trial. B. K. BWEUPE DEPUTY CHIEF JUSTICE E. L. SAKALA SUPREME COURT JUDGE M. S. CHAILA SUPREME COURT JUDGE D. K. CHIRWA SUPREME COURT JUDGE W. M. MUZYAMBA SUPREME COURT JUDGE 2.