Ruida Investments Limited v Webby Kyayukwa (CAZ/08/180/2023) [2025] ZMCA 160 (3 December 2025)
The application relates to a judgment delivered by a full court and should be determined by the full court, not a single judge.
Source-derived case information.
- Citation
- [2025] ZMCA 160
- Parties
- Applicant: Ruida Investments Limited; Respondent: Webby Kyayukwa
- Court
- Court of Appeal of Zambia
- Jurisdiction
- Zambia
- Case Number
- CAZ/08/180/2023
- Procedural Posture
- Civil / Ruling on Preliminary Objection and Referral to Full Court
- Outcome
- Application adjourned to the full court for determination.
- Legal Topics
- Preliminary Objection, Jurisdiction, Adjournment
- 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
Ruida Investments Limited
Applicant
Webby Kyayukwa
Respondent
Procedural Posture
Civil / Ruling on Preliminary Objection and Referral to Full Court
Legal Issues
- 1 Whether the application should be heard by a single judge or the full court
- 2 Proper procedure for applications relating to judgments delivered by a full court
Ratio Decidendi
The application relates to a judgment delivered by a full court and should be determined by the full court, not a single judge.
Court Disposition
Application adjourned to the full court for determination.
Orders
- Matter adjourned for consideration by the full court
- Full court to advise the date of hearing of the motion
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF ZAMBIA CAZ/08/180/2023 HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: 0 3 DEC 2025 RUIDA INVESTMENTS LIMITED APPLICANT AND WEBBY KYAYUKWA RESPONDENT Before Hon. Mrs. Justice A. M. Banda-Bobo in Chambers on 3 rd December, 2025. For the Applicant: Mr. C. Chibelo of Messrs Mosha and Company For the Respondent: Mrs. H. C. Musa of Messrs Milner and Paul Legal Practitioners RULING 1.0 INTRODUCTION 1.1 This record was allocated to this Court as a single judge on 17th September, 2025. The Applicant filed summons for an order to adjust judgment sum. 2.0 NOTICE OF MOTION TO RAISE A PRELIMINARY OBJECTION 2.1 Before the summons could be heard, the Respondent filed a Notice of Motion to Raise Preliminary issues. I heard the • parties, on the Motion to Raise a Preliminary Issue on 4 th November, 2025 and reserved the matter for Ruling. 3. 0 REFFERAL 3.1 In the course of dealing with the Ruling, it was realised that the matter should not have come to this Court as a single Judge, as the application made related to ajudgment delivered by a full Court. It should have come by way of Motion, to the full Court for determination. 3.2 Order X rule 6 of the Court of Appeal Rules, allows this Court to adjourn the matter to the full court. It is couched thus: "(6) An application made to a single judge may be adjourned by that judge, for consideration of the court." 3.3 It is in light of the above that I adjourn this matter for consideration of the application by the full court. The full Court will advise the date of hearing of the Motion. Dated at Lusaka, this 3 rd day of December, 2025 . .•••...•.•. ~ •.•.•...•••.•...........••• HON. MRS. JUSTICE A. M. BANDA-BOBO COURT OF APPEAL JUDGE