Whiteson Silwamba v Kitwe City Council (Appeal 133 of 1996) [1997] ZMSC 1 (5 March 1997)
There was no good ground for the matter to be transferred to Lusaka; the original appeal should be heard in Kitwe by another judge.
Source-derived case information.
- Citation
- [1997] ZMSC 1
- Parties
- Appellant: Whiteson L. Silwamba; Respondent: Kitwe City Council
- Court
- Supreme Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- Appeal 133 of 1996
- Procedural Posture
- Civil Appeal / Appeal Judgment
- Outcome
- appeal dismissed as to transfer; order for rehearing of original appeal in Kitwe
- Legal Topics
- Transfer of Proceedings, Statute Bar
- 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
Whiteson L. Silwamba
Appellant
Kitwe City Council
Respondent
Procedural Posture
Civil Appeal / Appeal Judgment
Legal Issues
- 1 Whether there were sufficient grounds to transfer the case to Lusaka for hearing
- 2 Whether the original appeal should be heard
Ratio Decidendi
There was no good ground for the matter to be transferred to Lusaka; the original appeal should be heard in Kitwe by another judge.
Court Disposition
appeal dismissed as to transfer; order for rehearing of original appeal in Kitwe
Orders
- The original appeal to be heard in Kitwe by another judge
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF ZAMBIA (cid:9) APPEAL NO. 133 OF 1996. HOLDEN AT LUSAKA. WHITESON L. SILWAMBA VS. KITWE CITY COUNCIL COHAN: HWEUPE DCJ., SAKALA and Muzvamba JAJS" ON 16TH DECEMBER, 1996 AND 5TH MARCH, 19B/. JUDGMENT HWEUPE, DCJ., delivered the judgment of the court. This is an appeal against a decision of the High Court refusing the Appellant's application to transfer the case to be heard by a judge at Lusaka in Chambers. The short history of this case is that the Appellant had appealed to the High Court against a decision that his case was statute barred before the case was argued. The Appellant asked the Court to transfer the case to Lusaka. That application was refused, but the Judge did not hear the original appeal. We have considered this appeal and it is our view that there was no good ground for the matter to be transferred to Lusaka. However, as the original appeal was not heard, we order that the appeal should be heard in Kitwe by another Judge. - J2 - B. K. BWEUPE DEPUTY CHIEF JUST/CE E. L. SAKALA SUPREME COURT JUDGE W. M. MUZYAMEA SUPREME COURT JUDGE