Foreign judgments in this jurisdiction are enforceable pursuant to the provisions of the Foreign Judgments (Reciprocal Enforcement) Act, Chapter 76, Volume 2 of the Laws of Zambia. Restrictions on agreements excluding provisions of this Act, 21.Â (1)Â Where any person having an interest in any business premises, being an interest in reversion expectant (whether immediate or not) on a tenancy of those premises, serves on the tenant a notice in the prescribed form requiring him to do so, it shall be the duty of the tenant to notify that person in writing within one month of the service of the notice-, Duty of tenants and landlords of business premises to give information to each other, (a)Â Â Â Â Â Â Â whether he occupies the premises or any part thereof wholly or partly for the purposes of a business carried on by him; and. Under the provisions of Section 11 of the Arbitration Act No. (b)Â Â Â Â Â Â Â (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. A civil action (case) can be commenced by filing of Court process (documents), such as Writ of Summons, Originating Summons, Originating Notice of Motion, Petition, etc. 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. Notice of motion -default judgment on claim for possession of land 36. v6 (DOC , 82.0 KB) 36. v6 (PDF , 29.7 KB) File online: 36A: 4 Notice of Motion - default judgment on claim for possession of land and liquidated claim 36A. He owes his duties to the court and not to the client. The reference to mediation by a court is an order, and as such, parties cannot refuse to go for mediation. They are awarded by the court in the exercise of its discretion in accordance with Order 40 Rule 6 of the High Court Act in the case of the High Court. 9.Â Â Â Where the court hearing an application under section four of the Act is precluded by section twelve of the Act from making the order for a grant of a new tenancy by reason of any of the grounds specified in subsection (1) of section eleven of the Act, the order dismissing the application shall state all the grounds by reason of which the court is so precluded. Is there anything that is particular to your jurisdiction in this context? (ii)Â Â Â Â Â Â Â the tenant has been in occupation for a period which, together with any period during which any predecessor in the carrying on of the business carried on by the tenant was in occupation, exceeds six months. 28.Â (1)Â Notwithstanding anything to the contrary contained in this Act or any other written law or in any lease, a tenant whose tenancy commences on or after the 1st January, 1972, and to which tenancy this Act applies, may, within three months from the commencement thereof (if he is aggrieved by the rent payable thereunder), apply to the court for determination of rent; and, subject to the provisions of subsection (2), the court shall determine the rent which shall be substituted for the rent agreed to be paid under the tenancy. The circumstances in which this is usually granted are where there is an appeal on a ruling by the judge during a trial, and a party appeals to the Court of Appeal before the conclusion of said trial. For all intents and purposes, the Order currently applicable is Order X Rule 23. All evidence should be relevant and admissible to the facts. 272 (S.C.), the court held that the principle is that the opinion of a handwriting expert must not be substituted for the judgment of the court. There are no pre-action remedies available in Zambia. If the plaintiff does not give notice of trial within 6 weeks after the close of the pleadings, or within such extended time as the Court may allow, the defendant may give notice of trial or may apply to the Court to dismiss the action for want of prosecution. 15.Â Â Â Where, on an application under the provisions of this Act, the court makes an order for the grant of a new tenancy, the new tenancy shall be such tenancy as may be agreed between the landlord and the tenant or, in default of such an agreement, shall be such a tenancy as may be determined by the court to be reasonable in all the circumstances, being, if it is a tenancy for a term of years certain, a tenancy for a term not exceeding twenty-one years, and shall begin on the coming to an end of the current tenancy. 7.Â Â Â If on the day fixed for the hearing of an application to the High Court under section four of the Act the Registrar is satisfied that-. (Please provide a brief overview of each available method.). See UCPR Part 18. 7.Â (1)Â The landlord of a tenancy to which this Act applies may-, Rent while tenancy continues by virtue of section 4, (a)Â Â Â Â Â Â Â if he has given notice under section five to terminate the tenancy; or. 18 OF 1981)  ZMSC 15, Silungwe CJ held as follows: “Although in my judgment the appellant should lose this appeal, I would not condemn him in costs because he has raised a constitutional point of public importance, concerning interpretation of Art. This Act makes provision for the enforcement in the Republic of Zambia of judgments given in foreign countries which accord reciprocal treatment to judgments given in the Republic of Zambia, to facilitate the enforcement in foreign countries of judgments given in the Republic of Zambia. What various means of service are there? Lastly, Order 24 Rules 1 and 2 (24/2/3) of the Rules of the Supreme Court (the White Book) 1999 Edition, Volume 1 note that the meaning of “documents” is not restricted to paper writings, but extends to anything upon which evidence or information is recorded in a manner intelligible to the senses or capable of being made intelligible by the use of equipment. Please refer to the response to question 1.7, which answers the first part of this question. (b)Â Â Â Â Â Â Â reference in any of the provisions of this Act to the holding shall be construed as reference to the whole of that property. 4.4 What happens if the defendant does not defend the claim? 64.Notice of originating motion (O. 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. His opinion is not admissible upon materials which are not before court or which have merely been reported to him as hearsay. For example, are there any rights of appeal from arbitration awards and expert determination decisions, are there any sanctions for refusing to mediate, and do settlement agreements reached at mediation need to be sanctioned by the court? Â Â Â 3.Â Â Â I would not oppose an application to the court under the Act for the grant of a new tenancy, or I would oppose an application to the court under the Act for the grant of a new tenancy on the ground that (here state ground or grounds). Signed Â Â Â Â Â Â Â Â Â Â Â Â (Landlord), TENANT'S REQUEST FOR NEW TENANCY OF BUSINESS PREMISES, To ................................................................... , of Â Â Â Â , The appellant must therefore file the Record of Appeal within 60 days of the filing of the Notice of Appeal and Memorandum of Appeal. In this respect, where the parties have agreed to grant exclusive jurisdiction to a particular court, the court will readily enforce such an agreement provided the claim is not illegal or contrary to public policy. (a)Â Â Â Â Â Â Â any effect on rent of the fact that the tenant has or his predecessors in title have been in occupation of the holding; (b)Â Â Â Â Â Â Â any goodwill attached to the holding by reason of the carrying on of business by him or by his predecessor; (c)Â Â Â Â Â Â Â any effect on rent of any improvement carried out by the tenant or a predecessor in title of his otherwise than in pursuance of an obligation to his immediate landlord. 8.Â (1)Â Where the tenant under a tenancy to which this Act applies, being a tenancy granted for a term of years certain, gives to the immediate landlord, not later than three months from that date on which, apart from this Act, the tenancy would come to an end by effluxion of time, a notice in writing that the tenant does not desire the tenancy to be continued, section four shall not have effect in relation to that tenancy. A defendant is expected to prepare a statement of defence in response to the claim. Currently, it also determines matters relating to the Bill of Rights as enshrined in the Constitution. 27.Â Â Â The Minister may, by statutory instrument, make such regulations and give such directions as he may think fit for the purpose of giving effect to the provisions of this Act. make a security deposit) or restraining a party from doing something (e.g. (a)Â Â Â Â Â Â Â the name and address of the person who is your immediate landlord in respect of the premises or of the part of which you are not the owner of the fee simple; (b)Â Â Â Â Â Â Â what is the term of your tenancy; and. In order to bring this order into effect, an application under this rule must be supported by an affidavit stating the belief of the deponent that the party from whom discovery is sought under this rule has, or at some time had, in his possession, custody or power of the document, or class of document, specified or described in the application and that it relates to one or more of the matters in the cause or matter. 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