High Court Precedents

BORNFACE Z.
TEMBO, LLB
IN THE HIGH COURT FOR ZAMBIA 2018/HP/----

AT THE PRINCIPAL REGISTRY
(Civil Jurisdiction)
BETWEEN:
ISAACK CHIMTENGO PLAINTIFF
AND
WOLOMOSI PHIRI 1ST DEFENDANT
THABLOID DAILY NEWSPAPER LIMITED 2ND DEFENDANT
_______________________________________________________________________
EX-PARTE SUMMONS FOR LEAVE TO APPLY FOR AN ORDER OF COMMITAL
FOR CONTEMPT OF COURT PURSUANT TO ORDER 52 RULE 2 OF THE RULES
OF THE SUPREME COURT 1965
LET COUNSEL for the applicant attend before the Honorable Justice
Mr./Miss./Mrs. --------------------------in chambers on the -------------------------- day of
----------------------------------------- 2018 at ---------------------- hours in the -----------------
noon on the hearing of an application on the part of the applicant for leave to apply for
an Order of Committal for Contempt against the 1 st defendant and that he be
committed to prison for contempt of court and the 2 nd defendant to pay the applicant
cost of and occasioned by these proceedings for publishing an article in their
Newspaper dated 8th July,2018 which has seriously impeded and prejudiced or created
a substantial risk against criminal proceedings which are active before this honorable
court as set out in the statement filed herein.
Dated this --------------------- day of ------------------------------------------------- 2016.
This Summons was taken out by:

Messer’s Lincoln Chambers
Cairo Road Lusaka
[email protected]
ADVOCATES FOR THE PLAINTIFF
YES IT IS POSSIBLE! Page 1

BORNFACE Z. TEMBO, LLB
IN THE HIGH COURT FOR ZAMBIA 2018/HP/-----

BETWEEN:
ISAAC CHIMTENGO PLAINTIFF
AND
DAILY TABLOID NEWSPAPER LIMITED 2ND DEFENDANT
_______________________________________________________________________
STATEMENT IN SUPPORT OF AN APPLICATION FOR LEAVE FOR AN ORDER OF
COMMITAL FOR CONTEMPT OF COURT
_______________________________________________________________________
1. Isaac Chimtengo (hereinafter called “the Applicant”) is a politician and resident of
plot 123 Makeni, Lusaka.
2. Wolomosi Phiri (hereinafter called “the 1 st Defendant”) is the Editor in Chief of
the Daily Tabloid Newspaper Limited and resides at plot 6 kudu road Long Acres,
Lusaka.
3. The Daily Tabloid Newspaper (hereinafter called “the 2 nd Defendant”) is a
publisher of the said defendant a registered company under the companies Act
no. 10 of 2017 and having its registered office at Lusaka.
4. The relief sought is an order that the 1st defendant be committed to prison for
contempt of this honourable court for publishing in their newspaper in the
newspaper dated 8th July,2018 an article entitled, “ Isaac Chimtengo Found Guilty
of Corruption” and the second defendant do pay to the applicant the cost of and
occasioned by these proceedings.
THE GROUND UPON WHICH COMMITTAL IS SOUGHT:

i. The article undermines the jurisdiction of the court;
ii. Interferes and impedes on the administration of justice;
iii. Brings the reputation of the court into mischief;
RELIEF SOUGHT
i. Restrain Defendants from further publishing the said article
ii. Commit the first Defendant to prison
iii. the second defendant to pay applicant cost of and occasioned by these
proceedings

Dated this………………….day of ………….....................................……………2018
Per: Lincoln Chambers

Cairo Road Chambers
Lusaka
[email protected]
ADVOCATES FOR THE APPLICANT
TO: THE RESPONDENT

IN THE HIGH COURT FOR ZAMBIA 2018/HP/----

BETWEEN:
AND
_______________________________________________________________________
AFFIDAVIT VERYIFYING FACTS
I, ISAAC CHIMTENGO, a Zambian National of plot no.123 Makeni, Lusaka province of

Zambia in the Republic of Zambia Do Hereby Make OATH and state as follows:
1. That my full names, nationality and residential address are stated above.
2. The am the applicant in this matter and therefore competent to swear this
affidavit from the fact within my personal knowledge.
3. That on the 8th July, 2018 the applicant is undergoing criminal trial at the High
Court for Zambia at Lusaka on charge of corrupt practices. A copy of information
in now produced and shown to me marked “IC1”.
4. That the proceedings are active before this honourable court.
5. That on 9th July,2018 I purchased from the street of Lusaka of issue no. 21 of 9 th
july,2018 of the Newspaper known as the Daily Tabloid Newspaper under the
heading, “ Isaac Chimutengo found guilty of corruption ” which article refers the
applicant and the trial before this honourable court. The copy of the said
Newspapers now produced and shown to me marked “IC2”.

6. That the 2nd defendant is the Newspaper of wide circulation of approximately

21000 copies a day.
7. That the said article suggests that the applicant is guilty of the offence charged
and the publication of the article would have created substantial risk that the
course of justice will be serious impeded and prejudiced.
8. That it appears from one of the business letters sent to me that the 1 st and 2nd
defendant are the Editor in chief and proprietor of the newspaper respectively.
The letter is now produced and shown to me marked “IC3”.
9. That I depose to the facts herein to be true and correct to the best of my
knowledge and belief.
SWORN by the said ISAAC)
CHIMTENGO at Lusaka ) _________________
Deponent’s Signature
this……day of …...2018 )
BEFOREME: _________________________
COMMISSIONER FOR OATHS

HIGH COURT FOR ZAMBIA 2018/HP/-----------

BETWEEN:
ISAACK CHIMTENGO APPLICANT
AND
___________________________________________________________________
NOTICE OF APPOINTMENT OF ASSESSMENT OF DAMAGES PURSUANT TO
ORDER 37 RULE 6(4) OF THE RULES OF THE SUPREME 1965
___________________________________________________________________
TAKE NOTICE that the Honorable Deputy Registrar Mr./Mrs./Ms………………………

has appointed the …………day of………………..2018 at ………………..hours in
the…………….noon for the hearing of the assessment of damages in this action in
chambers.
Date this………………………..day of …………………………………………………2018
Drawn by: Messrs Lincoln Chambers
Cairo Road
Lusaka
[email protected]
To: The Defendants and their Advocates
Wolomosi Phiri
The Daily Tabloid Newspaper Limited

IN THE HIGH COURT FOR ZAMBIA 2018/HP/-------

BETWEEN:
ISAAC CHIMTENGO APPLICANT
AND
____________________________________________________________
SUMMONS FOR ASSESSMENT OF DAMAGES PURSUANT TO ORDER 37 RULE
6(4) OF THE RULES OF THE SUPREME COURT (WHITEBOOK) 1999 EDITION
_____________________________________________________________
LET ALL PARTIES concerned attend before the Honorable Deputy Registrar
Mr./Mrs./Ms.………….in Chambers on the ………………day of………….2108 at
………………hours in the………………on the hearing of an application by the plaintiff to
proceed for assessment of damages under the judgment herein dated 8th July, 2018.
AND further directions as issued by the court.
Dated this………………………….day of…………………………………………..2018.
This summons was taken out by: Messrs Lincoln Chambers

Cairo Road
Lusaka
[email protected]

IN THE HIGH COURT FOR ZAMBIA 2018/HP/------

BETWEEN:
AND
_____________________________________________________________
AFFIDAVIT IN SUPPORT OF SUMMONS FOR ASSESSMENT OF DAMAGES

_____________________________________________________________
I, ISAAC CHIMTENGO, a Zambian National of plot 123, Makeni, Lusaka in the Lusaka
province of Zambia Do hereby make OATH and say as follows:
1. That my full names, Nationality and residential address are stated above.
2. That I am the Plaintiff herein, thus competent to swear this affidavit from facts
within my personal knowledge and information.
3. That the damages sought relates to the damage on the motor vehicle whose
value is ZMW 50,000.00. Now produced and shown to me is the receipt no.
001234 12th November, 2014 for the said motor vehicle from Mwanjisi Car
Dealers dated marked “IC1”.
4. That the damage occasioned to the motor vehicle amount to ZMW 25,000.00.
Now produced and shown to me is the invoice from Mwandila Panel Beaters

Limited. Now produced and shown to me is the invoice No. 00004 dated 10 th
October, 2017 marked “IC2”.
5. That I suffered a dislocated spine and suffered permanent disability. Now
produced and shown to is the medical report marked “IC3”.
6. That I spent the sum of ZMW 20,000.00 for scanning and borne morrow
transplant. Now produced and shown to me is a receipt from Prakash Borne
Experts marked “IC4”.
7. That other medical expense incurred amounts to ZMW 30,000.00. Now produced
and shown to me are 10 receipts collectively marked “IC5”.
8. That on the 8th day of July, 2018, the Honourable Justice Mr. Mpani entered
judgment in my favour and awarded damages in respect of the dislocated spine.
Now produced and shown to me marked “IC 6” a true copy of the said
Judgment.
9. That the said damages be assessed by the Deputy Registrar.
knowledge, information and belief.

this……day of …...2018 ) Deponent’s Signature
BEFOREME: _________________________


HOLDEN AT LUSAKA
BETWEEN:
ISAAC CHIMTENGO PLAINTIFF
AND
_______________________________________________________________________
SUMMONS FOR AN ORDER TO STAY PROCEEDINGS PENDING ARBITRATION
PURSUANT TO SECTION 10 OF THE ARBITRATION NO. 19 OF 2000 AND RULE
NO. 4(1) THE ARBITRATION (COURT PROCEEDINGS RULES) 2001 OF THE
LAWS OF ZAMBIA
_______________________________________________________________________
LET ALL PARTIES concerned attend before the Honorable Judge
Mr/Madam……….in chambers on the ………………day of………….2108 at ………………
hours in the………………on the hearing of an application on the part of the Defendant for
an Order to stay the proceedings before this honourable Court on the ground that the
proceedings commenced by the Plaintiff are subject to an Arbitration Agreement.
AND for an Order that the Plaintiff Do Pay to the Defendant his costs of and occasioned
by this action including the costs of this application.
Dated this………………………….day of………………………………………………………………..2018.

Cairo Road
Lusaka
[email protected]


BETWEEN:
AND
_______________________________________________________________________
AFFIDAVIT IN SUPPORT OF SUMMONS FOR AN ORDER TO STAY
PROCEEDINGS PENDING ARBITRATION
I, ISAAC CHIMTENGO, a Zambian National of plot 123, Makeni, Lusaka in the Lusaka
Province of Zambia do hereby make oath and say as follows:
1. That my full names, Nationality and residential address are stated above.
2. That I am the Defendant herein, thus competent to swear this my affidavit from
facts within my personal knowledge and information.
3. That on 10th June 2018 the Plaintiff caused to be issued out of the Principal
Registry a Writ of Summons accompanied by the Statement of Claim for Breach
of Contract in which he is claiming, inter alia, the payment of the sum of ZMW
120, 000. 00. Now produced and shown to me is the Writ of Summons
accompanied by the Statement of Claim marked “IC1”.
4. That the said Contract dated 4 th May 2017 is subject to Arbitration requiring a
dispute to be referred to Arbitral proceedings. Now produced and shown to me is
the copy of the Arbitration Agreement marked “IC2”.

5. That the Proceedings commenced are in conflict with the Arbitration Clause and
thus improperly before this Honorable Court and as such be stayed pending
arbitral determination.
Knowledge, information and Belief.
this……day of …...2018 ) Deponent’s Signature
BEFOREME: _________________________


BETWEEN:
ISAACK CHIMTENGO (Suing as Secretary General of PLAINTIFF
Black Mountain Association of Zambia)
AND
_______________________________________________________________________
ORDER FOR AN INTERIM INJUNCTION
PENAL NOTICE
TAKE NOTICE that in the event that you the within named Defendant and your
Servants or agents elect to disobey this order you shall be cited for contempt and
committed to prison for breach of this order.
UPON HEARING Counsel for the Plaintiff
AND UPON READING the Affidavit in Support filed herein for an Interim Injunction
and the Plaintiff by his Counsel undertaking to abide by any order the court may make
as to damages in case the court should hereafter be of the opinion that the Defendant
shall have sustained any by reason of this order which the Plaintiff ought to pay.
IT IS ORDERED and directed that the Defendant whether by himself or by his

servants or agents or otherwise howsoever be and are restrained from further writing
and publishing defamatory articles against the Plaintiff pending the hearing of Inter-
Parte Summons for an Interlocutory Injunction on the ___ day of ____ 2018 at ____
hours.

Dated this _______day of _______________________________________2018.
___________________________________
HONOURABLE JUDGE
This Order was drawn by: Messrs Lincoln Chambers
Chester House, Cairo Road
Lusaka
[email protected]

IN THE HIGH COURT FOR ZAMBIA 2018/HP/--------

BETWEEN:
AND
_______________________________________________________________________
EX PARTE SUMMONS FOR AN ORDER FOR AN INTERIM INJUNCTION
PURSUANT TO ORDER 27 RULE 4 OF THE HIGH COURT RULES CHAPTER 27
OF THE LAWS OF ZAMBIA.
LET THE PARTY concerned attend before the Honourable Judge___________ in

Chambers on the _________ day of _____________2018 at ________hours in the
________noon on the hearing of an application on the part of the Plaintiff for an order
for an interim injunction restraining the Defendant whether by himself or by his
servants or agents or otherwise howsoever from further writing or publishing articles
that are defamatory against the Plaintiff pending the hearing of Inter-Parte Summons
for an Interlocutory Injunction or further Court Order.
Dated this _____________ day of ______________________________ 2018.

Lusaka
[email protected]

IN THE HIGH COURT FOR ZAMBIA 2018/HP/--------

BETWEEN:
AND
_____________________________________________________________
SUMMONS FOR AN ORDER FOR AN INTERLOCUNTORY INJUNCTION
PURSUANT TO ORDER 27 RULE 4 OF THE HIGH COURT RULES CHAPTER 27
OF THE LAWS OF ZAMBIA.
LET ALL PARTIES concerned attend before the Honourable Judge_____________

in Chambers on the _________ day of _____________2018 at ________hours in the
________noon on the hearing of an application on the part of the Plaintiff for an order
for an interlocutory injunction restraining the Defendant whether by himself or by his
servants or agents or otherwise howsoever from further writing or publishing articles
that are defamatory against the Plaintiff pending the trial of the main matter.
Dated this _____________ day of ______________________________ 2018.
Lusaka
[email protected]

IN THE HIGH COURT FOR ZAMBIA 2018/HP/---

HOLDEN AT LUSAKA
BETWEEN:
AND
_______________________________________________________________________
ORDER FOR AN INTERLOCUTORY INJUNCTION
PENAL NOTICE
TAKE NOTICE that in the event that you the within named Defendant and your
Servants or agents elect to disobey this order you shall be cited for contempt and
committed to prison for breach of this order.
UPON HEARING Counsel for the Parties
AND UPON READING the Affidavits of the Parties filed in support of this application
for an Interim Injunction and the Plaintiff by his Counsel undertaking to abide by any
order the court may make as to damages in case the court should hereafter be of the
opinion that the Defendant shall have sustained any by reason of this order which the
Plaintiff ought to pay.
IT IS ORDERED and directed that the Defendants whether by themselves or by their

servants or agents or otherwise howsoever be and are restrained from further writing

or publishing articles that are defamatory against the Plaintiffs pending trial of this
matter.
Dated this _____________ day of ______________________________ 2018.
_________________________________
HONOURABLE JUDGE
This order was drawn by: Messrs Lincoln Chambers
Lusaka
[email protected]

IN THE HIGH COURT FOR ZAMBIA 2018 /HP/-------

BETWEEN:
HARDNECK KUMWENDA (Suing as Administrator of the PLAINTIFF
Estate of the Late PETER NDALAMA)
AND
DESERT MOTORS PTY LIMITED INTENDED 1ST DEFENDANT
JAMES NDALAMA INTENDED 2ND DEFENDANT
_____________________________________________________________
EX-PARTE SUMMONS FOR LEAVE TO ISSUE AND SERVE COURT PROCESS OUT
OF JURISDICTION BY WAY OF SUBSTITUTED SERVICE PURSUANT TO ORDER
10 RULES 15(h), 16 AND 17 OF THE HIGH COURT RULES, CHAPTER 27 OF
THE LAWS OF ZAMBIA.
LET COUNSEL for the Plaintiff attend before the Honourable Deputy
Registrar_____________ in Chambers on the _________ day of _____________2018
at ________hours in the ________noon on the hearing of an application on the part of
the Plaintiff for leave to issue and serve Court Process out of jurisdiction by way of
advertising once in a newspaper of wide circulation in Caprivi Strip Namibia for the
reasons that the Defendant’s residential address is outside jurisdiction and unknown.
AND such service be deemed as good and sufficient service on the Defendants.
AND that costs of and incidental to this application may be costs be in the cause.
Dated this _____________ day of ______________________________ 2018.

Lusaka
[email protected]


BETWEEN:
HARDNECK KUMWENDA (Suing as Administrator PLAINTIFF
of the Estate of the Late PETER NDALAMA)
AND
______________________________________________________________________
AFFIDAVIT IN SUPPORT OF EX-PARTE SUMMONS FOR LEAVE TO ISSUE AND
SERVE COURT PROCESS OUT OF JURISDICTION BY WAY OF SUBSTITUTED
SERVICE.
I, HARDNECK KUMWENDA a Zambian National of House No. 123 Chainda, Lusaka

Province of the Republic of Zambia do hereby make OATH and SAY as follows:
1. That my full names, nationality and residential address are as stated above.
2. That I am the Plaintiff herein and therefore competent to swear this my affidavit
from facts within my personal knowledge.
3. That the intended Defendants are domiciled outside the jurisdiction of
Honourable Court.
4. That on 2nd June, 2018 I caused to the issued out of the Principal Registry a Writ
of Summons and Statement of Claim against the Intended Defendants on behalf
of the estate of the late Peter Ndalama. Now produced and shown to me is a
copy of the Writ of Summons and Statement of Claim marked “HK1”.

5. That service of the said court process could not be effected on the Intended
Defendants are domiciled in Caprivi Strip Namibia and their respective residential
and official addresses are unknown.
6. That I desire to serve the said Court process not later than 7 days from the date
hereof in the Daily Newspaper of wide circulation in Caprivi Strip, Namibia.
7. That I verily believe that the said service will come to the attention of the
Intended Defendants.
knowledge and information.
SWORN by the said )

HARDNECK KUMWENDA at) ______________________________
Lusaka this____ day of ) DEPONENT’S SIGNATURE
_____________ 2018. )
BEFORE ME:________________________


BETWEEN:
HARDNECK KUMWENDA PLAINTIFF
(Suing as Administrator of the
AND
______________________________________________________________________
EX-PARTE ORDER
UPON HEARING COUNSEL for the Plaintiff
AND UPON READING the Affidavit in Support filed herein
IT IS ORDERED that leave is hereby granted to issue and serve Court Process outside
jurisdiction on the Intended Defendants by way of substituted service by advertising
once in the Daily Newspaper of wide circulation in Caprivi Strip, Namibia.
AND such service of Court process shall be deemed good and sufficient service on the
Intended Defendants.
AND IT IS ORDERED that such service be acknowledged by the Intended Defendants

within 42 days.
AND IT IS ORDERED that costs of this application be in the cause.
Dated at Lusaka this _____ day of ___________________________ 2018.

___________________________________________
HONOURABLE JUDGE
This order was drawn by: Messrs Lincoln Chambers

Lusaka
[email protected]


BETWEEN:
HARDNECK KUMWENDA PLAINTIFF
(Suing as Administrator of the
AND
DESERT MOTORS PTY LIMITED 1ST DEFENDANT
JAMES ZLATAN 2ND DEFENDANT
______________________________________________________________________
DEFENCE
1. The 1st Defendant admits the contents of paragraphs 1, 2 and 3 of the statement
of claim.
2. The 1st Defendant denies part of paragraph 4 pertaining to the use of the said
motor vehicle under the instructions of the 2 nd Defendant at the time of the
accident and will aver that he used it out of his own frolic.
3. The 1st defendant denies part paragraph 6 and 7 pertaining to the loss of life and
dependency but will put the Plaintiff to strict on the extent of liability on the part
of the 1st Defendant.
4. Save in so far as the same consist of express admission the 1 st defendant denies
each and every allegation of fact contained in the Plaintiff statement of claim as
if the same were set forth and specifically traversed.
Dated the…………………………………...….day of……………...…………..………...2018.
Per: Messrs Lincoln Chambers

Lusaka
[email protected]
ADVOCATES FOR THE DEFENDANT
To the Plaintiff and His Advocates

IN THE HIGH COURT FOR ZAMBIA 2018/HP/-----

BETWEEN:
AND
WOLOMOSI PHIRI DEFENDANT
_______________________________________________________________________
STATEMENT OF CLAIM
1. The Plaintiff is and was at all material times a business man dealing in buying
and selling motor vehicles carrying on business at plot 1234 Long Acres Lusaka
2. The Defendant is and was at all material times a car dealer carrying on business
at 142 Rhodespark, Lusaka.
3. On the 2nd June, 2017 at 124 Longacres Lusaka aforesaid, the Defendant, in
order to induce the Plaintiff to enter into a contract for the sale of Mercedes Benz
Registration Number BAE 402.
PARTICULARS OF MISREPRESENTATION:
i. Stated that the odometer is below 15 000 Kilometres and when in fact
not.
ii. Stated that the chassis is only for the Mercedes Benz when in fact it was
juxtaposed to that of Nissan Macha a motor vehicle of inferior quality.
iii. He exaggerated the FOB (free on board) price thereby affecting the
custom duty payable to Zambia Revenue Authority for motor vehicle fee.
4. In reliance upon the Defendant’s said misrepresentation, the Plaintiff on 3 rd June,

2017 entered into a written contract with the Defendant for the sale of the said

motor vehicle, paid to the Defendant the sum of ZMW 250, 000.00 as the
purchase price and took delivery of the said motor vehicle.
5. The Defendant’s statement was in fact false in that the said motor vehicle
odometer reading was more than 150 000.
6. By reason of the Defendant’s statements, the plaintiff has suffered loss and
damages.
PARTICULARS OF DAMAGES
i. The vehicle delivered is below stated value

AND the Plaintiff’s claims are for the following:
(i) Rescission of the said contract
(ii) Return to the Plaintiff the sum of ZMW 250, 000
(iii) Damages for breach of a Condition
(iv) Further or other reliefs the Court may deem fit
(v) Interest
(vi) Costs for this action
Dated this....................................day of ...........................................2018.
Lusaka
[email protected]
To the Defendant and His Advocates


BETWEEN:
AND
_______________________________________________________________________
STATEMENT OF CLAIM
1. The plaintiff is and was at all material times a renowned Politician aspiring for
the Office of the Republican President.
2. The 1st Defendant is and was at all material time a journalist and Editor in Chief
of the Daily Tabloid Newspaper Limited
3. The 2nd Defendant is and was at all material times a Publishing Company
incorporated under the Companies Act No. 10 of 2017 of the Laws of Zambia and
having its registered office at Lusaka.
4. The Plaintiff avers that the Defendants have collectively caused to be published
in the Sunday Bulletin issue No. 104 dated the 20 th May of 2018 and distributed
concerning the Plaintiff the following defamatory statements:
i. At Page 1; “Isaac Chimutengo, is gay”;
ii. At page 3:” Isaac Chimutengo, buys votes”;
iii. At page 6: “Isaac Chimutengo’s criminal activities exposed”;
iv. At page 8: “Isaac Chimutengo found kissing fellow man during
campaigns”.
5. The said words in their natural and ordinary meaning meant and were
understood to mean that the Plaintiff is not fit to hold the Office of President.
PARTICULARS:

i. The Article was published in the sensational manner;

ii. 0The Defendants knew or ought to have known that the allegations were
untrue but continued with the publication.
iii. The statement were made with the knowledge that ;
a. they were libellous and or with a reckless disregard as to whether or
not they were libellous; and
b. They had material advantage on the Defendants and blurred prospects
of the Plaintiff ascending to the Office of the President.
6. The Plaintiff has seriously been injured in his good reputation, suffered
considerable distress and anxiety, brought into public scandal, odium and
contempt in the eyes of right thinking members of the public.
THEREFORE THE PLAINTIFFS CLAIMS THE FOLLOWING;
(i) Restrain the Defendant by himself, servants or agents or whosoever from

further publishing, distributing or causing to be printed, published or
distribution of similar words that are defamatory.
(ii) Damages for defamation
(iii) Further or other relief the Court may deem fit
(iv) Interest
(v) Costs for this action
Dated this....................................day of ...........................................2018.

Lusaka
[email protected]
To: the Defendant and His Advocates

IN THE HIGH COURT FOR ZAMBIA 2018/HP/……..

(CIVIL JURISDICTION)
BETWEEN:
GERALD LUBINDA (Suing in his capacity PLAINTIFF

as Honorary Secretary of Mwandila Club)
AND
WEZI NYIRENDA DEFENDANT
SUMMONS TO DISMISS A MATTER ON POINT OF LAW PURSUANT TO ORDER

14A RULE 1 OF THE RULES OF THE SUPREME COURT 1965 (WHITE BOOK)
1999 EDITION
LET ALL PARTIES concerned attend before HONOURABLE JUDGE __________in

Chambers on the ........day of...........................2018 at ......in the ......noon on the
hearing of an application on the part of the Defendant that the following questions of
may be determined namely:
1. Whether the matter commenced by the Plaintiff against the Defendant is not
statute barred;
2. That if the said question be answered that action is statute barred, then the
action be dismissed and that the Plaintiff do pay the Defendant costs of this
action.
Dated the ................................day of ................................................2018
Lusaka.
[email protected]
Advocates for the Plaintiff
To: The Defendant

BETWEEN :

AND

SUMMONS FOR DETERMINATION OF THE QUESTION OF CONSTRUCTION OF
DOCUMENT PURSUANT TO ORDER 14A RULE 1 OF THE RULES OF THE
SUPREME COURT OF ENGLAND 1965 (WHITE BOOK) 1999 EDITION
LET ALL PARTIES concerned attend before HONOURABLE JUDGE................in

Chambers on the ........day of...........................2018 hours at ......in the ......noon on
the hearing of an application on the part of the Plaintiff that the following questions of
construction may be determined namely:
3. Whether a letter dated 29th July, 2017, properly constructed, amounted to a valid
assignment by WEZI PHIRI to the Plaintiff, of sums due from the Defendant to
WEZI PHIRI;
4. That if the answer to the said question be answered in the affirmative that
judgement be entered for the Plaintiff against the Defendant for the amount
claimed in the Statement of Claim with interest and Costs or that if the Question
be answered in the negative, the Plaintiff’s claim be dismissed with Costs.
Dated the ................................day of ................................................2018
Lusaka.
[email protected]
Advocates for the Plaintiff
To: The Defendant


BETWEEN :

AND

SUMMONS FOR LEAVE FOR AN ORDER THAT QUESTIONS OF LAW AND FACT
BE TRIED AS A PRELIMINARY ISSUE PURSUANT TO ORDER 33 RULE 3 OF
THE RULES OF THE SUPREME COURT OF ENGLAND 1965 (WHITE BOOK) 1999
EDITION
LET ALL PARTIES concerned attend before HONOURABLE JUDGE...............in

Chambers on the ........day of...........................2018 at ......hours in the ......noon on
the hearing of an application on the part of the Defendant for the an order that the
question of law and fact be tried as a preliminary issue in this action and that until the
determination of the Preliminary issue in this action or further proceedings be stayed,
namely:
1. Whether the document dated 11th July, 2018 and initialled by MWANDILA CLUB
are admissible as evidence at the trial of this action under the Evidence Act;
2. Whether a binding contract of compromise or settlement of this matter has been
concluded between the parties;
3. Whether the Defendant is an accounting party and liable to account to the
Plaintiff in respect of his dealings on the Stock Exchange between 8 th July, 2018
and 11th July, 2018.
Dated the ................................day of ................................................2018
Lusaka.
[email protected]


To: The Defendant


BETWEEN:

AND

____________________________________________________________________
ORDER
UPON HEARING THE PARTIES

AND UPON READING the Affidavits in Support filed herein
IT IS HEREBY ORDERED that the following issues or questions be tried as
Preliminary issues in this action before the trial of the main action namely:
i. Whether the document dated 11 th July, 2018 and initialled by MWANDILA
CLUB are admissible as evidence at the trial of this action under the
Evidence Act;
ii. Whether a binding contract of compromise or settlement of this matter
has been concluded between the parties;
iii. Whether the Defendant is an accounting party and liable to account to the
Plaintiff in respect of his dealings on the Stock Exchange between 8 th July,
2018 and 11th July, 2018.
Dated the ................................day of ................................................2018
______________________
HONOURABLE JUDGE
Drawn by: Messrs Lincoln Chambers
Lusaka.
[email protected]
ADVOCATES FOR THE DEFENDANT

BETWEEN :

AND

___________________________________________________________
NOTICE ADMITTING WHOLE OF THE PLAINTIFF’S CLAIM PURSUANT TO
ORDER 21 RULE 6 OF THE LAWS OF ZAMBIA
TAKE NOTICE that the Defendant admits the truth of allegations in the Plaintiff’s
Statement of Claim and submits to the Judgment of the Court thereof.
Dated the ........................................day of ................................................2018.

Lusaka.
[email protected]
To: The Defendant

......................
IN THE HIGH COURT FOR ZAMBIA 2018/HP/…….


BETWEEN :

AND
ZLATAN COMPANY LIMITED 1ST DEFENDANT
WEZI NYIRENDA 2ND DEFENDANT
___________________________________________________________
NOTICE ADMITTING PART OF THE PLAINTIFF’S CLAIM PURSUANT TO ORDER
21 RULE 6 HICH COURT RULES CHAPETR 27 OF THE LAWS OF ZAMBIA
TAKE NOTICE that the 1st Defendant admits for purposes of this action only that the
Plaintiff suffered damage in the sum claimed by reason of the negligent driving by the
2nd Defendant of the van owned by the 1st Defendant and will rely on their defence that
at the time of the accident was not using the van in the course of his employment by or
with or knowledge of the 1st Defendants.
Dated the ........................................day of ................................................2018.

Lusaka.
[email protected]
To: The Defendant
......................


BETWEEN :

AND

NOTICE OF REFUSAL TO ADMIT PURSUANT TO ORDER 27 RULE 4 (i) (ii) OF
THE RULES OF THE SUPREME COURT OF ENGLAND 1965 (WHITE BOOK) 1999
EDITION
TAKE NOTICE that the Defendant does not admit the documents specified in the list of
documents herein on 15th day of June, 2018.
Originals
Description of Document Date
1
.
2
.
Copies
1
.
2
.
Dated the ........................................day of ................................................2018.

Lusaka.
[email protected]


To: The Defendant

BETWEEN :

AND
NOTICE TO ADMIT DOCUMENTS PURSUANT TO ORDER 27 RULE 5 (1) (2) (3)

OF THE RULES OF THE SUPREME COURT 1965 (WHITE BOOK) 1999 EDITION
TAKE NOTICE that the Plaintiff in this cause propose to adduce in evidence the several
documents hereunder specified and the Defendant is hereby required within 21 days of
the service hereof to admit such of the said documents as specified to be originals were
respectively written signed or executed as they purport respectively to have been such
as specified copies are true copies and that such documents as stated to have been
served, sent or delivered respectively were so served.
AND FURTHER TAKE NOTICE that if you do not within the aforementioned 21 days
give notice that you do not accept the authenticity of the said document (or any of
them) and you require the same to be proved at the trial, you shall be deemed to have
admitted the said documents unless the Court or a Judge shall otherwise order.
Originals
1
.

2
.
Copies
1
.
2
.
Dated the ........................................day of ................................................2018.

Lusaka.
[email protected]
To: The Defendant


BETWEEN :

AND

NOTICE TO PRODUCE DOCUMENTS PURSUANT TO ORDER 27 RULE 5 (4) OF
THE RULES OF THE SUPREME COURT 1965 (WHITE BOOK) 1999 EDITION
TAKE NOTICE that you are required to produce and show to the Court on the trial of
this action before the Court all books, papers, copies of letters and other writings and
documents in your custody, possession or power containing any entry, memorandum or
minutes relating to a matter in question in this action and particularly:
Originals
1
.
2
.
Copies


1
.
2
.
Dated the ........................................day of ..............................................201

Lusaka.
[email protected]
To: The Defendant
IN THE HIGH COURT FOR ZAMBIA 2018/HP/….
HOLDEN AT LUSAKA
BETWEEN:
XYZ LIMITED PLAINTIFF
AND
YONA FISH LIMITED DEFENDANT
STATEMENT OF CLAIM
1. The Plaintiff is and was at all material times a company incorporated in Zambia
and having its registered office at Lusaka in the manufacturing, processing and
wholesale business of food products.
2. The Defendant is and was at all material times a company incorporated in
Zambia and having its registered office at Lusaka also in the manufacturing,
processing and wholesale business of food products.
3. The Plaintiff has for the last 30 years manufactured and processed a particular
sauce and have offered for sale and sold under the name “Ndiyo Mix”. The labels

and the bottles containing this sauce and also the outside wrappers of the bottle
have during the said period of years borne conspicuously the words “Ndiyo Mix”,
which has very largely advertised and well known not only in Zambia but also the
region of the Southern African Development Community (SADC).
4. The term “Ndiyo Mix” is and has always been known to the trade and the public
as denoting the Plaintiffs Company’s sauce and no other and persons ordering
and asking for “Ndiyo Mix” expect and intend to get and have always expected
and intended to get the Plaintiff’s sauce and no other.
5. It is and has been for many years a common practice with persons, firms and
companies who deal in sauces to quote in their price lists as an article which they
sell “Ndiyo Mix” without the addition of any words of description to the said title
and customers have always expected and intended to be supplied and in fact
been supplied with the Plaintiff’s sauce and no other.
6. Before commencement of this action the Defendant began to offer for sale and
sold and is still offering for sale and selling and threaten and intends to continue
to offer for sale and sell a sauce of its manufacture under the name “Ndiyo Mix”
and the Defendant is using the term “Ndiyo Mix” very conspicuously upon the
labels and wrappers of the bottles of their sauce.
7. The Defendant is issuing price lists in which it quotes as an article which it offers
for sale “Ndiyo Mix” without the addition of any words of description to such title
and it means and intends to supply to persons ordering “Ndiyo Mix” upon the
faith of such price lists its sauce mentioned in paragraph 6.
8. By using the words “Ndiyo Mix” in a manner aforesaid the Defendant is passing
off or attempting to pass off and is enabling others pass off sauce not of the
manufacture of the Plaintiff as and for the goods of the Plaintiff.
9. The Defendant’s sauce differs in composition from the Plaintiff’s sauce.
10.The Defendant has in possession or under its control a large quantity of labels
and wrappers bearing the words “Ndiyo Mix” which are intended for use in
connection with its sauce.

11.The Defendant has already made profits by the sale of its sauce and it has
already damaged the Plaintiff by the sales which it has had of its sauce and the
Plaintiff will be most seriously injured in the future unless the Defendant is
restrained by an injunction from continuing its aforesaid wrongful acts.
12.In the premises the Defendant threatens and intends to continue the acts of
passing off complained of. Without prejudice to the generality of the foregoing
has stated in his letter dated 10 th June, 2018 that he is entitled to do any
business in Zambia in any way he wants as a Zambian company that complies
with domestic laws.
13.By reason of the aforesaid facts the Plaintiff has suffered damages.
AND THE PALINTIFF CLAIMS

i. Damages;
ii. An injunction restraining the Defendant whether by itself or servants or
agents or howsoever from offering for sale and sale and continuing to offer
for sale its sauce under the name “Ndiyo Mix”;
iii. Interest at the current commercial lending rate;
iv. Costs of this action; and
v. Any other relief this Court may deem fit.
Dated at Lusaka this…………………… day of ………………………………………………………2018.
Settled by Counsel of Messrs Lincoln Chambers

……………………………………..
Plot 123, Long Acres
[email protected]
Lusaka
TO: The Defendants and its Advocates

Yona Fish Limited

Plot 274, Lubu Road
Lusaka.
IN THE HIGH COURT FOR ZAMBIA 2018/HP/….

HOLDEN AT LUSAKA
BETWEEN:
NDALAMA BANK LIMITED PLAINTIFF

AND
LINCOLN AND PARTNERS (Sued as a Firm) DEFENDANT
STATEMENT OF CLAIM
1. The Plaintiff is and was at all material times a company incorporated in Zambia
and having its registered office at Lusaka in the banking business.
2. The Defendants are and were at all material times a firm of Chartered
Accountants incorporated under the Business Names Act and having its
registered at Lusaka and were the accountants to and auditors of XYZ Limited.
3. By letter dated 3rd June, 2017 to the Defendants, the Plaintiff inquired of the
Defendants whether the said XYZ Limited was creditworthy in the sum of ZMW
120, 000.00.

4. By latter dated 8th June, 2017 to the Plaintiff, the Defendant in order to induce
the Plaintiff to lend money to the said XYZ Limited, represented to the Plaintiff
that the said XYZ Limited was a sound company creditworthy in the sum of ZMW
120,000.00.
5. Induced by and in reliance upon the Defendant’s said representation on the 10 th
June, 2017 the Plaintiff lend the sum of ZMW 120,000.00 to XYZ Limited at the
interest of 15% per annum with quarterly rests.
6. In fact the said company was not a creditworthy company. It made no payments
of interest and on 20th August, 2017 went into liquidation and there has been no
dividend for unsecured creditors.
7. The representation was made fraudulently, in that the Defendants knew that it
was false.
PARTICULARS OF KNOWLEDGE
i. As accountants to and auditors of XYZ Limited the Defendants knew that that
the said company could not pay its debts as they became due.
ii. The Defendants had by letters dates 12 th June, 2017 to each of the directors
and Company Secretary of the said company advised them that the said
company was insolvent and should immediately cease trading and that if it
did not do so they might incur personal liabilities.
8. Alternatively the Defendants made the said representation recklessly, not caring
whether it was true or false.
9. By reason of the Defendant’s said fraudulent misrepresentation the plaintiffs
have suffered loss and damages.
PARTICULARS OF LOSS AND DAMAGES

i. The sum of ZMW 120,000.00 the same being the money lent to the said XYZ
Limited which has not been repaid and which the Plaintiff has not and will not
recover from the said company now in liquidation.

ii. The interest which would have been paid by another borrower upon the said
sum which but for the Defendants said fraudulent misrepresentation the
Plaintiff would not have lent the said company.
AND THE PLAINT CLAIMS:

i. Damages of the sum of ZMW 120,000.00;
ii. Damages under paragraph 9;
iii. Interest at the current commercial lending rate;
iv. Costs of this action; and
v. Any other relief the Court may deem fit.
Dated at Lusaka this …………………….day of ………………………………………………….2018.
Settled by Counsel of Messrs Ziale Chambers

……………………………………..
Plot 123, Long Acres
[email protected]
Lusaka.
TO: The Defendants and its Advocates

Lincoln and Partners
Plot 274, Lubu Road
Lusaka.

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BORNFACE Z.

IN THE HIGH COURT FOR ZAMBIA 2018/HP/----

ISAACK CHIMTENGO PLAINTIFF

THABLOID DAILY NEWSPAPER LIMITED 2ND DEFENDANT

Dated this --------------------- day of ------------------------------------------------- 2016.

This Summons was taken out by:

YES IT IS POSSIBLE! Page 1

IN THE HIGH COURT FOR ZAMBIA 2018/HP/-----

ISAAC CHIMTENGO PLAINTIFF

DAILY TABLOID NEWSPAPER LIMITED 2ND DEFENDANT

THE GROUND UPON WHICH COMMITTAL IS SOUGHT:

YES IT IS POSSIBLE! Page 2

Dated this………………….day of ………….....................................……………2018

Per: Lincoln Chambers

YES IT IS POSSIBLE! Page 3

IN THE HIGH COURT FOR ZAMBIA 2018/HP/----

ISAACK CHIMTENGO PLAINTIFF

DAILY TABLOID NEWSPAPER LIMITED 2ND DEFENDANT

I, ISAAC CHIMTENGO, a Zambian National of plot no.123 Makeni, Lusaka province of

YES IT IS POSSIBLE! Page 4

6. That the 2nd defendant is the Newspaper of wide circulation of approximately

SWORN by the said ISAAC)

CHIMTENGO at Lusaka ) _________________

COMMISSIONER FOR OATHS

YES IT IS POSSIBLE! Page 5

HIGH COURT FOR ZAMBIA 2018/HP/-----------

ISAACK CHIMTENGO APPLICANT

DAILY TABLOID NEWSPAPER LIMITED 2ND DEFENDANT

TAKE NOTICE that the Honorable Deputy Registrar Mr./Mrs./Ms………………………

Date this………………………..day of …………………………………………………2018

Drawn by: Messrs Lincoln Chambers

YES IT IS POSSIBLE! Page 6

IN THE HIGH COURT FOR ZAMBIA 2018/HP/-------

ISAAC CHIMTENGO APPLICANT

DAILY TABLOID NEWSPAPER LIMITED 2ND DEFENDANT

AND further directions as issued by the court.

Dated this………………………….day of…………………………………………..2018.

This summons was taken out by: Messrs Lincoln Chambers

YES IT IS POSSIBLE! Page 7

IN THE HIGH COURT FOR ZAMBIA 2018/HP/------

ISAACK CHIMTENGO APPLICANT

DAILY TABLOID NEWSPAPER LIMITED 2ND DEFENDANT

AFFIDAVIT IN SUPPORT OF SUMMONS FOR ASSESSMENT OF DAMAGES

YES IT IS POSSIBLE! Page 8

SWORN by the said ISAAC)

COMMISSIONER FOR OATHS

YES IT IS POSSIBLE! Page 9

IN THE HIGH COURT FOR ZAMBIA 2018/HP/------

ISAAC CHIMTENGO PLAINTIFF

DAILY TABLOID NEWSPAPER LIMITED 2ND DEFENDANT

Dated this………………………….day of………………………………………………………………..2018.

This summons was taken out by: Messrs Lincoln Chambers

YES IT IS POSSIBLE! Page 10

IN THE HIGH COURT FOR ZAMBIA 2018/HP/-------

YES IT IS POSSIBLE! Page 11

COMMISSIONER FOR OATHS

YES IT IS POSSIBLE! Page 12

IN THE HIGH COURT FOR ZAMBIA 2018/HP/------

UPON HEARING Counsel for the Plaintiff

Dated this _day of _________________________________2018.

Dated this _ day of __________________ 2018.

Dated this _ day of __________________ 2018.

Dated this _ day of __________________ 2018.

Dated this _ day of __________________ 2018.

Dated at Lusaka this _ day of _______________________ 2018.