High Court (Appeals) (General) Rules, 1984

1. These Rules may be cited as the High Court (Appeals) (General) Rules, 1984.

2. In these Rule.'3, unless the context otherwise requires­ " Registrar " means the Registrar of the High Court; " tribunal " means any board, authority (whether consisting of one person or more), tribunal or other body (including a Minister) which is empowered by any written law to determine matters of judicial or quasi­ judicial nature and from the decision of which an appeal lies to the High Court. Interpre­ tation

3. (1) Any person desiring to appeal to the High Court from a decision of a tribunal shall, within thirty days of the date of the issue of the order containing such decision, give notice of appeal as hereinafter provided. Notice of appeal (2) The notice of appeal shall- (a) be inform H.C. (A) (G) l set out in the Schedule hereto; (b) be intituled in the proceedings from which it is intended to appeal; (c) set out the name and address for service of the tribunal and of the respondent, if any, or of the legal represen­ tative of such respondent; and (d) set forth concisely and under distinct heads, without argument or narrative, the grounds of appeal, which shall be numbered consecutively. (3) Four copies of the duly completed notice of appeal shall be filed with the Registrar who shall, after sealing each copy, forward one such copy to the tribunal and return two such copies to the appellant or his legal representative. Oo])WI of thu Statutory I 11o8trument ca� be obtained from tM Go,vemmo,u P�, P.O. Boa, 30130, Lusaka. Pl'U!6 40n eoo-'. 16 Fees Record of appeal Statutory Instruments 27th January, 1984 (4) If there is a respondent to the a.ppeal, the appellant shall serve one sealed copy of the notice of appeal on such respondent, or his legal representative, within twenty-one days of the filing thereof.

4. At the time of filing the notice of appeal, the appellant shall pay to the Registrar such fees in respect thereof as the Chief Justice may from time to time determine.

5. (1) The appellant shall prepare the record of appeal which shall be bound in book form with an outer cover of stout paper and may, if extensive, be in more than one volume. (2) The tribunal shall make available to the appellant copies of all relevant documents which are necessary for the purpose of preparing the record of appeal and which are in the exclusive possession of the tribunal. (3) The record of appeal shall bear the title of the appeal on the outer cover, each page shall be consecutively numbered throughout and every fifth line of each page shall be numbered in the unbound portion of the margin. ( 4) The record of appeal shall contain­ (a) a list of its contents; (b) the notice of appeal; (c) the notice of cross-appeal (if any); (d) any affidavits filed before the tribunal; ( e) the record of proceedings before the tribunal ; (f) all documents tendered in evidence before the tribunal, whether admitted in evidence or not; (g) the order setting forth the decision of the tribunal; and (h) any other affidavits, exhibits, documents or other relevant material. (5) The appellant shall forward to the tribunal the record of appeal, and such number of copies thereof as the Registrar may determine, and the tribunal shall, if satisfied in that behalf, certify as correct the record of appeal and each copy thereof fonvarded to it. (6) The appellant shall, within thirty days of receiving the certified copies referred to in sub-rule (5), forward- (a) to the Registrar the 1·ecord of appeal and such number of copies thereof as the Registrar may determine; and (b) one copy thereof to the respondent, if any. Grounds of appeal

6. (1) The appellant may, in the notice of appeal, appeal from the whole or any part of the decision of the tribunal. (2) Without the leave of the High Court, the appellant shall not, during the hearing of the appeal, advance any ground of appeal other than those set out in the notice of appeal. 27th January, 1984 Statutory I nstriiments 17 (3) In deciding the appeal, the High Court shall not be confined to the grounds advanced by tho appellant: Provided"that the High Court shall not allow an appeal on any ground not sot out in the notice of appeal unless the tribunal and the respondent, if any, had had an opportunity of contesting the appeal on that ground.

7. ( 1) The appellant may withdraw the appeal at any time Withdrawal by filing with the Registrar a notice of withdrawal in form of appeal H.C. (A) (G) 2 set out in the Schedule. (2) The appellant shall serve a sealed copy of the notice of withdrawal on the tribunal and on the respondent, if any, with­ in fourteen days of such sealing. (3) Where a notice of withdrawal is filed in accordance with sub-rule (I), the appeal shall be deemed to have been dismissed without further order by the High Court but, failing agreement between the parties, the appeal shall remain on the list for the purpose of hearing any issue as to costs or other matters out­ standing between the parties.

8. A Judge of the High Court may at any time upon application order security or further security for costs to be given and may order security to be given for the payment of past costs relating to the matters in question in the appeal and may make compliance with any such order a condition precedent to the continuation of any appeal. Soourity for costs

9. Where a respondent to an appeal intends, upon the hearing of the appeal, to contend that the decision of the tribunal should be varied, ho shall ·within twenty-one days of the service upon him of the notice of appeal give notice of cross­ appeal and tho provisions of rule 3 shall apply, mutatis mutandis, to the notice of cross-appeal. Cross­ appeal IO. A Judge of the High Court may, for sufficient reason shown in form H.C. (A) (G) 3, extend the time for doing any­ thing under these Rules. Extension of time I 1. The Registrar shall cause notice of the date, time and place of the hearing of an appeal to be served upon the tribunal, the appellant and the respondent, if any, or on their legal representatives. Notice of l1enri.ng

12. If at the time set down for the hearing of an appeal- Non­ appearance (a) there is no appearance for the appellant, the High Court may strike out the appeal or may proceed to determine it after hearing the respondent or his legal representative present at the hearing, or may adjourn the hearing on such terms as it thinks fit; 18 Statutory lWJtrument8 ______ _..:;-'---- 27th January, 1984 ( b) there is no appearance for the respondent, the High Court may either hear the appeal or adjourn it upon such terms as it thin.b flt. Attendance of witnesses

13. The High Court may, at the request ()f any party. summon any person to attend, produce documents or be examined or cross-examined, in the matter to which the appeal reJetes. Frivolous or vexat.io1.111 appeals

14. (1) Hin the opinion of the High Court a notice of appeal discloses onJy grounds of appeal which are frivolous or vexa­ tious, the High Court may dismiss the appeal summarily without calling on any person to attend the hearing of such appeal. (2) The Registrar shall send a copy of an order made under subsection (1) to the tribunal, the appellant and the respondent, if any, or to their legal representatives. Application of High Colll'tRulea

15. Except as specifically provided in these Rules, the High Court Rules shall apply, 1nutatis 1nutandis, to an appeal under these Rules. Made by the High Court Rules Committee at Lusaka, this 16th day of January, 1984. [OJ.6/1] ANNEL M. SILUNGWE, Chief Justice 27th January, 1084 Statutory instruments SCHEDULE (.Ru!u 3 (�), 7 (1) and 10) Form H.C. (A} (G) 1 REPUBLIO OF ZAMBIA IN TJm H1on CounT won ZAXBrA Md Appellant IN THE �R 01': Appeal from the judgment or decision of ............................ . delivered on ........................................................ . NOTICE OF APPEAL Tako not.ice that ........................ (nam6 of Appdla,11,) .....•.... . . . . . . . . . . . . . . . . . . . . . . being dissatisfied with tho judgment or decision of .................................. given at ............ ............ . on the ........................ day of ......................... , 19 ... . appeals to tho High Oourt against the whole judgment or dooision or again.et such part or parts thereof a.s decides that ......................... (set out) . . . . . . . . . . . . . . . . . . . . .......... upon tho following growida: (1) .............•................•.....................•....... (l!) ........................................................... . etc . ........................................................... . The Respon.d&nt'• addl8$8 for l!erVice is ............................... . Tho naxno of the tribunal is .......................... and it.a. address for service ia . . • • • . . • • . • • . . . . . . . . . . . . . . . . . . . . . . . . • . • . . . . . . • • . • . . . . . . .. Dated at .............. this .............. day of ............... ,19 .. . AppellanJ (or hu kual ,.epruenuui116) A.d.dreet for eervioe. . . . . . . . . . ......... . To the Registrar of the High Court Filed at .............. this ............ day of. ................ ,19 ... . RegiBtror of tll6 High 01>t.1rl 20 Statutory Instruments 27th Ja.nua.ry, 1984 Form H.C. (A) (G) :l REPU13LIC OF ZAMBIA IN THE Rion CoURT :ron Zillllu BETWEEN: IN T'Jlll MATTE.& OF : Appollanl lwspondent Appeal from the judgmont or docision of. .......................... . dolivorod on ................................•........................ NOTICE OF WITilDRAW AL Take notice that .................................. (tiame of Appellam) hereby withdraws his appool in the mnttor horeinboforo sot out. Dated at .............. this ............ day of. ............... , 19 ... . A.ppellanl (or hu kgal reprue11latit:e) Address for service ....•..........•....... To the Registrar of tho High Court Filed a.t ............ this ............. day of ................ , 19 .. .. D�ietrar of tllc Bigl1 Ooun 27th January, 1984 Statutory Instruments 21 BETWEEN: Form H.C. (A) (G) 3 REPUBLIO OF ZAMBIA lN THE HIGH CotmT l!'OR ZAMBIA and Appellant Respondent IN TB'.E l't!A'.l'TER Ol!': Appea.l from the judgment or decision of ........ .................... . delivered on ........................................................ . NOTICE OF APPLICATION FOR EXTENSION OF TIME Take notice that .............................. (name of applicant/ respoiulem) in the appeal hereinbefor6 sot oub hereby applies for an extension of time within which to ............................................... . for the reasons and upon the grounds next following: (1) Reasons for being out of time: (2) Grounds for an extension: Dated at .............. this .............. day of .............. , 19 ... . Appdlant (or hia kgal representative) Address for service ...................... . To the Registrar oftbe High Court Filed at ............ this ............ day of. ................. , 19 ... . Registrar of the High Ooun 22 Stat'UW't'y Instrument., 27th January, 1984