Time for service of notice 18.5. Worthy of mention are the Small Claims Courts, which are presided over by part-time judicial officers called Commissioners, who are in fact practising advocates. These rules are called Mediation Rules. These are referred to as third-party proceedings. 3. Applications for court orders to be made by motion 18.2. Signed              (Landlord), TENANT'S REQUEST FOR NEW TENANCY OF BUSINESS PREMISES, To ................................................................... , of      , Before a party can issue originating process against an intended defendant residing outside of Zambia, it is incumbent on the intended Plaintiff to first seek leave of the court to issue and serve originating process outside jurisdiction on the intended defendant. Are there any classes of documents that do not require disclosure? According to Order 40 Rule 1 of the High Court Act, costs which include the expenses incurred by either party in any cause or matter, as well as in the enforcement of the decree or order of the court therein, are recoverable. A motion to set aside the notice of trial must be brought within 4 days of the service of the notice. Motion … 7.2        What are the rules on privilege in civil proceedings in your jurisdiction? Additionally, Order 18 Rule 2 of the Rules of the Supreme Court (The White Book) 1999 Edition states that: “The Court may at any stage of the proceedings order to be struck out or amended any pleading or indorsement of any writ in action, or anything in any pleading or in the indorsement, on the ground that-, (a)   it discloses no reasonable cause of action or defence , as the case may be; or, (b)   it is scandalous, frivolous or vexatious; or. 19 of 2000, a party in arbitral proceedings may, before or during arbitral proceedings, make an application to the court for an interim measure. The notice also tells the other party where and when the Court will hear the application. (c)        the applicant's proposals as to the terms of the new tenancy applied for including, in particular, terms as to the duration thereof and as to the rent payable thereunder. (c)   by the insertion in subsection (1) of section 31 after the definition of “personal property” of the following definition: “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.”. The common instances where a defendant applies for security for costs are where the plaintiff is based outside the jurisdiction and where a plaintiff is of questionable means or has no fixed abode. Please refer to the response to question 1.7, which answers the first part of this question. This is in line with Order 14 Rule 4 of the High Court Rules. It is, however, important to note that by virtue of Section 13 of the High Court Act, Chapter 27, Volume 3 of the Laws of Zambia, the Zambian courts are directed to rely on principles of English Common Law and Equity in determining disputes. 22.  (1)  Where, under this Act, an order is made for possession of the property comprised in a tenancy, or an order is refused for the grant of a new tenancy, and it is subsequently made to appear to the court that the order was obtained, or the court was induced to refuse the grant, by misrepresentation or concealment of material facts, the court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by the tenant as the result of the order or refusal. After service is effected, the process server or the sheriff is requested to return a copy of the process served to the registrar together with the evidence of service by affidavit of the person who served the document, which will then result in the issuance of a certificate of service of foreign process. the Family Division, Labour and Industrial Relations, Commercial List and General List. (5)  A notice under this section shall not have effect unless it requires the tenant, within two months after the giving of the notice, to notify the landlord in writing whether or not, at the date of termination, the tenant will be willing to give up possession of the property comprised in the tenancy. Are contingency fee/conditional fee arrangements permissible? 14. tenant of the above-mentioned premises, hereby require you, within one month of the service of this notice upon you, to notify me in writing whether you are the owner of the fee simple of the whole or any part of the premises. The Record of Appeal should contain all the documents that were relied upon by the parties in the court bellow. How is service effected outside your jurisdiction? In Zambia, the main institute that deals with alternative dispute resolution is the CIArbZB. In the case of Chuba v The People (1976) Z.R. (3)    The person who in relation to the relevant current tenancy is the landlord or the tenant, as the case may be, shall be made the respondent to the notice of motion. SECTION 27-THE LANDLORD AND TENANT (BUSINESS PREMISES) REGULATIONS. For example, a computer database which forms part of the business records of a company is, in so far as it contains information capable of being retrieved and converted into readable form, a “document” for the purposes of Order 24 and is therefore susceptible to discovery. Mediation is court-annexed. 2.    In this Act, unless the context otherwise requires-. "business" means a trade, an industry, a profession or an employment, and includes any activity carried on by a body of persons, whether corporate or unincorporate, but does not include farming on land; (a)        in relation to any premises the annual rent of which exceeds three thousand six hundred kwacha, the High Court; and. Notice of originating motion. Giga-fren [ 3 ] The original Notice of Motion claims immunity over 23 documents, all of which are found in Exhibit R-11.5, the Government's 'Fresh as Amended Privileged Document List' of December 16, 1999. The rule is that if the parties have agreed to include an arbitration clause in the agreement, then the Zambian courts have no jurisdiction to adjudicate on the matter. Their decisions are final and not subject to appeal, save for a review by fellow Commissioners. 9.2        What powers do your local courts have to make rulings on damages/interests/costs of the litigation? As earlier stated in section 1, civil proceedings are commenced by a party instituting an action depending on the cause of action and rules of a particular court. 6.3        What sanctions are the courts in your jurisdiction empowered to impose on a party that disobeys the court’s orders or directions?     Dated this ................................................... day of             19 ....... NOTICE REQUIRING INFORMATION ABOUT OCCUPATION AND SUB-TENANCIES 20.    Any agreement relating to a tenancy to which this Act applies (whether contained in the instrument creating the tenancy or not) shall be void in so far as it purports to preclude the tenant from making an application or request under this Act, or provides for the termination or surrender of the tenancy in the event of his making such an application or request, or for the imposition of any penalty or liability on the tenant in that event. On the other hand, mediation agreements or settlements need to be registered in the courts for them to be recognised as binding. What are the cost consequences? In the circumstances, I would order that each party bears his own costs.”. 12.  (1)  If the landlord opposes an application under subsection (1) of section four on grounds on which he is entitled to oppose it in accordance with section eleven and establishes any of those grounds to the satisfaction of the court, the court shall not make an order for the grant of a new tenancy. (c)   it may prejudice, embarrass or delay the fair trial of the action; or it is otherwise abuse of the process of the Court; and may order the action to be stayed or dismissed or judgement to be entered accordingly as the case may be.”. (b)        whether you have a sub-tenant of the whole or any part of the premises. One may be an expert even if they have never been to school and only have informal training; mere experience may also suffice. v4 (PDF , 30.4 KB) File online: 37: 3: Notice of motion - default judgment for detention of goods ICLG - Litigation & Dispute Resolution Laws and Regulations - Issue of originating notice of motion Rent unclaimed within the aforesaid period of one year shall be disposed of in pursuance of an order of the court or a Judge, and such order shall direct that such rent be paid into the general revenues of the Republic. (b)        (to the best of his knowledge and belief) the name and address of the person who is his or, as the case may be, his mortgagor's, immediate landlord in respect of those premises or of the part in respect of which he or his mortgagor is not the owner in fee simple, for what term his or his mortgagor's tenancy thereof has effect and what is the earliest date (if any) at which that tenancy is terminable by notice to quit given by the landlord. 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