Zambia’s legal system is based on a common law legal system, derived from English law. Zambian legal sources include statutory law enacted by parliament, case law, and customary law which is deeply rooted in indigenous traditions. The Constitution of Zambia is the supreme law from which all other laws derive their validity. Zambia’s system emphasises judicial precedent, the rule of law, and the independence of the judiciary as central pillars of justice.

The Zambian Courts

Zambia follows an adversarial model, where opposing parties present their cases before an impartial judge or panel of judges. Each party is responsible for gathering evidence, examining witnesses, and presenting legal arguments. The presiding judge then delivers judgment based on the evidence and applicable law.

The legal process in Zambia incorporates both written submissions and oral arguments. Lawyers are required to file pleadings, affidavits, witness statements, bundles of documents and written legal arguments, and subsequently present oral arguments in court. Overall, Zambia’s legal system is a synthesis of common law principles, statutes, judicial precedent, adversarial procedure, and customary norms.

Structure and Hierarchy of the Zambian Courts

The Zambian judiciary is established under the Zambian Constitution which structures a clear hierarchy of courts beginning with the Supreme Court as the final appellate court. There is also the Constitutional Court, the Court of Appeal, the High Court, the Subordinate Court, the Local Courts, and the Small Claims Court. The Superior Court hierarchy is structured as follows:

• the Supreme Court (the final appellate Court of Zambia);
• the Constitutional Court (which, though it has equal standing with the Supreme Court, only adjudicates constitutional matters);
• the Court of Appeal (hearing appeals from the High Court and quasi-judicial bodies); and
• the High Court, which is divided into specialised divisions, discussed further below.

Jurisdiction

The Zambian courts are generally not organised by subject-matter specialisation, with the exception of the High Court, which is structured into the following divisions:

• the General Division (civil and criminal cases);
• Commercial Division (business and trade disputes);
• Family and Probate Division;
• Industrial Relations Division; and
• Criminal Division.

Duration

The Constitution of Zambia emphasises that justice must be delivered without discrimination or delay, encourages alternative dispute resolution, and discourages technical obstacles. In practice, timelines vary: less contentious matters in Subordinate Courts may reach trial stage within 3–6 months, while complex High Court or appellate cases may take 6–18 months. Urgent constitutional cases, such as election petitions, are expedited and resolved within 90 days as prescribed by law.

Court filings and proceedings in Zambia are generally open and accessible to the public. Legal researchers and the public can also access judgments and legislation via the judiciary website and other privately run case depositories such as ZambiaLII.

However, there are clear legal provisions and judicial practices that allow for confidentiality in specific circumstances, especially to protect minors and victims of sexual offences.

In Zambia, only lawyers admitted and enrolled under the Legal Practitioners Act (Chapter 30) have the right of audience before the courts where legal representation is allowed. The Local Courts and Small Claims Courts do not allow for parties to be represented by counsel. To qualify to be admitted to practice as an advocate, a candidate must hold a recognised law degree, complete professional training at the Zambia Institute of Advanced Legal Education (ZIALE), and be formally admitted to the Zambian Bar by the Chief Justice.

Once entered on the Roll of Practitioners, they may appear before all courts, except the Local Court and Small Claims Court, with the Supreme Court requiring for an advocate to practice for a minimum of three years before having audience.

The Legal Practitioners Committee of the Law Association of Zambia regulates conduct and discipline, ensuring that advocates uphold professional and ethical standards.

Foreign lawyers cannot appear in Zambian courts to represent clients, although foreign counsel may collaborate with local advocates or act in a consultative capacity.

Litigation funding in Zambia (third-party or otherwise), is unregulated. Consequently, there are no formal restrictions on who may fund litigation, although ethical and professional standards apply. This means that while third-party funding is permissible, it should not interfere in any way with the court proceedings, or such funders may be held in contempt of court. Some related ethical and professional standard requirements include the following.

• Lawyers must disclose funding arrangements to the court if they affect proceedings.
• Lawyers must protect confidential and privileged client information, even when working with funders.
• Lawyers must avoid arrangements that compromise their duty to the client and to the court.

There are no restrictions on the types of lawsuits available for third-party funding, subject to ethical and professional standards highlighted in 2.1 Third-Party Litigation Funding.

Third-party funding is available for both the plaintiff and defendant, subject to ethical and professional standards highlighted in 2.1 Third-Party Litigation Funding.

There are no minimum and maximum amounts for a third-party funder in Zambia.

A third-party funder is open to fund any and all client costs, subject to ethical and professional standards highlighted in 2.1 Third-Party Litigation Funding.

Contingency fees, which were previously prohibited, are now permitted in Zambia under the Legal Practitioners’ Practice (Amendment) Rules, 2025. The new practice rules allow lawyers to represent clients on a “no win, no fee” basis, where payment is contingent on successfully winning a case.

There are no time limits on when a party to the litigation should obtain third-party funding.

As a strict legal requirement, a plaintiff in civil matters commenced in the High Court of Zambia is required to first serve a letter of demand on the intended defendant, prior to commencing a court action. Proof of service of such letter of demand is required at the time of filing the suit at the High Court. Actions can be dismissed for failure to show proof of service of a demand. This is intended to promote out-of-court settlements where possible. There is no requirement for a defendant to respond to a demand letter.

The general limitations applicable to civil suits in Zambia are derived from the English Limitations Act of 1939, as well as amendments included in the Zambian Law Reform (Limitation of Actions) Act, Chapter 72 of the laws of Zambia. The limitations are as follows.

• Action to enforce a contract or tort – six years from accrual of cause of action.
• Action related to a recognisance/award not under seal/statutory sums (non-penal) – six years.
• Action related to a specialty (deed) – 12 years.
• Judgment enforcement – 12 years (interest recoverable only for six years).
• Action for a penalty or forfeiture – two years.
• Recovery of land – 12 years (30 years for Crown).
• Action for arrears of rent or dower – six years.
• Mortgage action or for proceeds of sale of land – 12 years.
• Action for arrears of interest on mortgage – six years.
• Breach of trust (non-fraudulent) – six years.
• Action related to the personal estate of deceased persons – three years.
• Actions against public authorities – one year.
• Personal injury actions – amended to three years under the Law Reform Act.
• Disability (infant/unsound mind) actions – extension up to six years after disability ends.
• Negligence causing personal injury or death – three years.
• Negligence causing property or economic loss – six years.

Separately, matters filed in the Industrial Relations Division of the High Court must be filed within 90 days of the cause of action arising, unless leave is obtained to file out of time.

A defendant can be subject to a suit in Zambia where the action(s) giving rise to the matter was/were performed in Zambia (or partly in Zambia), or where the subject matter of the dispute is in Zambia. These jurisdictional limits vary depending on the court. For a defendant resident outside Zambia, leave of court must be obtained before commencing actions against them.

The type of pleading or originating document depends on the nature of the claim filed, and the court it is filed in, as follows:

• generally, civil claims are commenced by writ of summons and statement of claim;
• petition (for winding up, divorce actions, human rights-related constitutional actions, and election-related actions);
• originating summons, affidavit and arguments (these are for actions which are generally reserved for Chamber hearing such as mortgage actions); and
• originating notice of motion, affidavit and arguments (typically used for tenancy-related actions and where a statute dictates in the High Court).

The procedure for service of process in Zambia is typically governed by the rules of the court that the parties are before. However, there are some general requirements related to service of process.

Requirements for Service

• Zambian law requires personal service on a plaintiff or defendant.
• Where such party cannot be located, an application for substituted service in a reputable, widespread newspaper must be made to the court.
• Companies must be served at their registered business address, or that of a director.
• Where a party is represented, service can be lawfully effected on such party’s advocates.
• When the party to be served is in the service of the government, service can be effected on the head officer of the department in which such party is employed.
• Where the person on whom service is to be effected is a prisoner in a prison, it shall be sufficient service to deliver the writ or document at the prison.
• Where the suit is against a defendant residing out of, but carrying on business within, Zambia, in his/her own name, or under the name of a firm, through an authorised agent, the writ may be served by giving it to such agent, and such service shall be equivalent to personal service on the defendant.
• Service of process outside Zambia may be permitted by the court where the action has a substantial connection to Zambia, such as involving land, contracts, torts, estates, or obligations within Zambia, defendants domiciled or resident in Zambia, or where a foreign party is a necessary or proper party to proceedings properly brought within Zambia.

Timelines for service of process and entrance of appearance by the defendant

The defendant is expected to enter appearance and file a defence within the following.

• Fourteen days from the date of receipt of court process, if he/she/it, as the case may be, is based at a place which is less than 100 kilometres from the issuing Court Registry.
• If the defendant is served at a place which is more than 100 kilometres but less than 500 kilometres from the Registry, appearance and defence must be entered within 21 days.
• If the distance is 500 kilometres or more, appearance must be within 30 days.
• Where the defendant is to be served out of jurisdiction (outside Zambia), appearance must be within 42 days.

Under Zambia’s civil procedure rules, once a defendant is served with originating process, they must respond within the timeframe applicable to them under the relevant law, by entering appearance and filing their defence. Failure to do so within the required period entitles the plaintiff to enter judgment in default of appearance and defence.

Zambia permits representative actions, but it does not have a formal class action regime like those found in other jurisdictions. Some class actions are commenced pursuant to statutory requirements (eg, a labour dispute arising from a collective agreement; in such cases, there are no opt-out procedures under Zambian law).

There are no requirements to provide clients with a cost estimate of the potential litigation at the outset.

The Zambian courts permit interim applications (also known as interlocutory applications) before the trial or substantive hearing of a claim. These applications are not limited to case management and can also be used to obtain interim remedies such as interim injunctions, and in some instances, summary judgment.

A party can apply for early judgment on some or all of the issues in dispute. This can be in the form of an application for judgment on admission (where admissions are made either in the pleadings, or in other correspondence between the parties).

A party’s case can also be struck out before the trial. This can be done where:

• a party’s claim is frivolous or vexatious;
• a party uses the wrong mode of commencement, or goes before the wrong court (eg, if the court has no jurisdiction to entertain such claim) – in such case, the counterparty can apply to dismiss the action for want of jurisdiction; or
• pleadings are struck out for want of prosecution – this is where a party does not take any steps to prosecute their case (eg, failing to comply with the court’s order for directions).

Such applications can be made between commencement and prior to trial. The High Court Rules now close the window for interlocutory applications 14 days before trial. These applications are typically made by way of filing a summons, supporting affidavit and skeleton arguments. The courts also set a date for the hearing of oral arguments, if any.

See 4.2 Early Judgment Applications.

Interested parties not originally named in a lawsuit can join the proceedings by applying for joinder, provided they have a legal interest in the matter or will be affected by its outcome.

The interested party or an existing party may file an application for joinder by way of summons, supported by an affidavit stating the grounds for joinder and the nature of the interest and skeleton arguments.

In Zambia, generally, the question of who pays costs of a claim is not determined until the claim is finally disposed of. However, applications for security for costs are permitted and are usually made by a defendant, where such defendant raises a claim against him/her which is speculative or has limited prospects of success, or where the plaintiff resides outside the jurisdiction of the court.

The award of costs for interim applications is at the discretion of the court and may be borne by:

• each party; or
• the party against whom such application is made, particularly where it is established that such party is guilty of some kind of unreasonable behaviour (eg, delays).

The court may also order that costs be “in the cause”, meaning that only upon conclusion of the entire matter will the court decide who bears the costs, which ordinarily is the losing side.

Generally, even where interlocutory costs are awarded, they are recovered or taxed at the conclusion of the matter unless they are ordered to be paid forthwith. Costs of an interim application ordered to be paid forthwith are usually a punitive measure imposed on an erring party.

Generally, the Zambian courts are required to rule on interim applications within 90 days from the date of hearing. Parties are permitted to file, along with the interim application, a certificate of urgency, which the court is obligated to consider as its priority above other non-urgent matters. Such application can be heard within a few days, sometimes even within 24–48 hours, provided the court is satisfied with the urgency.

Discovery is available in civil cases. legally, civil trials should not be conducted by way of ambush and there must be full disclosure of documents relevant to the case.

Procedure for Discovery

The court will issue orders for directions, which will provide timelines on the steps to be taken under the discovery process as follows.

• Parties are required to file a list of documents at the time of filing their pleadings.
• Inspection of documents should be carried out before filing of the bundle of documents.
• Parties are required to file their bundles of documents after inspection. The court may also order a party to produce specific documents upon application by a party to the court.
• Witness testimony is filed through the preparation of written witness statements (which are later subject to cross examination at trial).

Limitations

Discovery is limited to what is relevant to fair disposal of the case. Additionally, documents that are protected by legal professional privilege and other statutory exemptions are excluded.

The court can order a third party to produce specific documents (this is by way of a subpoena duces tecum). The party seeking the admission of the documents must apply to the court for an order to compel the third party to produce the documents sought. Upon assessing the application, if the court is satisfied, it will issue the subpoena duces tecum. Non-compliance may lead to contempt proceedings against the third party.

Parties are required to disclose all documents relevant to the issues in dispute, except those that are protected by legal professional privilege, or another evidentiary exclusionary rule. The rules governing disclosure are contained in the High Court Rules (Chapter 27 of the laws of Zambia), and the Evidence Act (Chapter 43 of the laws of Zambia), the Evidence (Bankers’ Books) Act (Chapter 44 of the laws of Zambia), case law and English law principles.

In civil lawsuits, such discovery is by way of list of documents and inspection of documents, and, subsequently, the filing of a bundle of documents. In criminal matters, documents are produced before the court at trial and formally admitted by way of oral application for their admission.

See 5.3 Discovery in This Jurisdiction for discovery mechanisms in Zambia.

Zambia recognises the concept of legal privilege. For privilege to apply, such information must be obtained either:

• for the purpose of seeking legal advice; or
• in connection with advice relating to actual or contemplated litigation.

In Zambia, legal professional privilege covers advice given by both private practitioners and in-house counsel.

Unless protected by legal professional privilege, other documents may be subject to disclosure:

• by court order;
• by consent; or
• under a requirement of statutory law.

Courts may limit disclosure of documents containing trade secrets, as well as documents that are obtained under a duty of confidentiality if disclosure would breach that duty. However, this is not an automatic protection, but one that parties must justify.

Injunctive relief may be awarded where:

• there is a serious question to be tried;
• there is need to maintain the status quo;
• the applicant would suffer irreparable harm that cannot be adequately compensated by damages if the relief is not granted; and
• the balance of convenience favours granting the injunction.

These principles are derived from the case of American Cyanamid v Ethicon Limited 1975 1 ALL ER 504.

The Zambian courts may order an interim injunction, or a perpetual (final) injunction at the conclusion of trial. The Zambian courts also recognise the following types of injunctions.

• Mareva injunctions – the courts may grant a freezing order to restrain a defendant from disposing of assets pending the determination of a claim, especially where there is a real risk of frustrating the judgment.
• Mandatory injunction – an order compelling a party to perform a specific act, such as restoring property or undoing a wrongful act.
• Prohibitory injunction – an order restraining a party from committing or continuing a wrongful act.
• Anton Piller Order (search and seizure injunction) – authorises the plaintiff to enter the defendant’s premises to inspect, copy, or seize evidence to prevent its destruction.
• Quia Timet injunction – granted to prevent a threatened or anticipated wrong before it occurs

A party can obtain urgent injunctive relief by applying for an ex parte interim injunction, the application for which is made by way of ex parte summons, affidavit or skeleton arguments. Such application must be supported by a certificate of urgency, which must detail the reasons for the urgency of the application. Injunctive relief can be obtained very quickly in urgent circumstances, even within the same day that the application is filed.

There is no formal system for out-of-hours judges, but urgent applications may be heard after court hours if arrangements are made through the court marshals or the judge in charge of the relevant court division.

Where an injunction is granted on an ex parte basis, the injunction order must state an inter partes hearing date.

See 6.2 Arrangements for Obtaining Urgent Injunctive Relief.

Every applicant for an interlocutory injunction must provide an undertaking for damages in the injunction order, which undertakes to indemnify the respondent for any loss if it is determined that the injunction order should not have been granted.

An order of injunction made in Zambia cannot be applicable to assets outside Zambia, unless Zambia and the country in which the assets are located have a reciprocal agreement recognising the registration and enforcement of foreign court orders/judgments.

An injunction typically applies to parties to an action. However, its effect can restrain third parties, such as the defendant’s servants or agents who will also be bound by the order.

In the event of non-compliance with the terms of an injunction order, the respondent may be held in contempt of court and may be subject to committal proceedings which might result in imprisonment and/or any other sanction that the court deems fit.

Trials in Zambia are conducted physically, in open court. While the parties file their pleadings, documents and witness statements, the process still involves oral witness testimony (ie, cross examination and re-examination). After all witnesses testify, the parties close their cases, file written submissions, and then the court delivers its written judgment.

Shorter hearings, such as interim applications, are generally held in the judge’s chambers rather than in open court. Parties present their evidence by way of affidavits and file skeleton arguments in support of their positions. The rules also provide for scheduling conferences before trial, during which the court sets timelines for filing documents and issues necessary directions for the matter. In addition, status conferences are held prior to the trial date, these conferences are set by the court, to monitor compliance with the court’s orders for directions and ensure the matter is ready to proceed to trial.

Jury trials are not available in the Zambian courts.

Rules that apply to all the courts can be found in the Evidence Act (Chapter 43 of the laws of Zambia), the Evidence (Bankers’ Books) Act (Chapter 44 of the laws of Zambia), case law and principles of English law. Additional rules can be found in the rules of the specific court (eg, trial before the High Court is primarily governed by the High Court Rules (Chapter 27 of the laws of Zambia).

Evidence must be relevant to the issues in dispute. Foreign documents need to be authenticated in accordance with the Authentication of Documents Act. Additionally, hearsay is generally inadmissible except in statutory exceptions, and privileged communications cannot be compelled to be produced as evidence.

The courts exercise the discretion to admit or exclude evidence to ensure a fair trial, and civil cases are decided on a balance of probabilities.

The Evidence (Bankers’ Books) Act mandates that evidence of bank entries should be brought to court by an officer from a bank, orally or by affidavit.

In Zambia, expert testimony is permitted at trial to assist the court on matters requiring specialised knowledge. Parties can apply to the court, to call expert witnesses to provide opinion evidence on technical, scientific, or specialised issues. Evidence of expert witnesses is usually presented in expert reports and written or oral expert testimony, with the expert subject to cross-examination. The court may also in some instances order for an expert’s opinion of its own motion.

Hearings in civil and criminal cases are generally open to the public. Members of the public and media may attend court proceedings unless in exceptional instances, for example, to protect minors or national security interests. While hearings are public, formal transcripts are not automatically provided to the public. Court transcripts are generally prepared for the parties, the court, or appeals. However, the public has the right to view and obtain these transcripts, as they are considered public record. In practice, the public can obtain these records from the court upon payment of a fee.

While it is for the parties to present their case and their witnesses, judges may ask questions and seek clarity on issues presented by the parties at trial. Judges manage the trial process. Judgments are typically not rendered at the hearing but are reserved for a later date, usually not longer than six months. However, some judgments take longer to be delivered. At hearings, judges can also render ex tempore rulings (ie, delivered by a judge immediately).

In the Zambian jurisdiction, the duration of proceedings from commencement of claim to trial should generally be within 90 days, considering the processes from commencement to the closing of pleadings and setting the matter down for trial, within 14 days from the close of pleadings. Nevertheless, due to varying factors ranging from the complexity of the case to the number of witnesses and the division of the court in which the claim is filed, cases may take as long as one year to set down for trial, while the duration of the trial also varies based on the factors stated. For example, the commercial courts are much faster, and such claims can be concluded within a year, while more often due to the backlog of cases in other courts, claims may take anywhere from eight months to several years to conclude.

Court approval is only required to settle a lawsuit where the parties wish for their settlement terms to be endorsed by the court (and have the binding effect of a judgment). This is known as a Consent Judgment, which is signed by the judge and the parties.

In any other instance, parties are free to settle their claims ex curia, and, subsequently, discontinue the lawsuit.

The settlement can remain confidential where the parties settle ex curia and discontinue the lawsuit. For a consent judgment signed by the court, such document is lodged at the court and considered a public record. Parties are also free to conclude matters by way of a Tomlin order which allows parties to leave certain aspects of a court-endorsed settlement confidential.

Settlement agreements entered into by way of a consent judgment can be enforced in the same manner as any other judgment, as they have been signed by the court (eg, by way of writ of fieri facias). Any other settlement agreements can only be enforced by commencing an action at court, for their enforcement (ie, such settlement agreements are enforced as contracts; if a party breaches the agreement, the other would have to initiate fresh legal action to enforce the agreement).

If the settlement agreement is in the form of a court sealed consent judgement, such consent judgment can only be set aside by way of commencement of a new action in court. Similarly, other settlement agreements not sealed by the court can only be set aside by commencement of a fresh action.

Settlement agreements may be set aside if the agreement was entered into through fraud, misrepresentation, duress, undue influence, or for any other grounds upon which a contract can be vitiated. They may also be set aside if they are illegal or contrary to public policy. The party seeking to set aside the settlement agreement must commence a fresh legal action.

Successful litigants are entitled to a wide range of awards, which include the following.

• Damages, which is the most common remedy – awarded to compensate for loss or injury suffered. This may be general damages (for non-quantifiable losses), special damages (for specific, quantifiable loss proved by evidence), aggravated, exemplary or punitive damages (to reflect compensation for malicious or oppressive conduct), or nominal damages (symbolic award where a legal right is violated without actual loss).
• Restitution – orders the losing party to restore money or property unjustly obtained.
• Specific performance – an equitable order compelling a party to perform their contractual obligations, usually where damages are inadequate (eg, sale of land).
• Injunctions (discussed in 6. Injunctive Relief).
• Declaratory judgment – a court declaration confirming the legal rights or obligations of parties, without necessarily ordering action or payment.
• Rescission or cancellation of a contract induced by fraud, misrepresentation, mistake, or undue influence, restoring parties to their pre-contract position.
• Rectification – corrects errors in a written document to reflect the true intention of the parties.
• Account of profits – orders a wrongdoer to surrender profits gained through a breach of duty (eg, fiduciary duty).
• Costs – a successful litigant is generally entitled to an award of costs, compensating for legal expenses incurred in the litigation.

The rules on damages (and on which type can be awarded, as outlined in 9.1 Awards Available to the Successful Litigant) depend on the circumstances of the case, and are determined by judicial precedent (case law) and English law principles. There are no standard rules limiting the maximum damages a successful party can be awarded.

A successful party may be entitled to pre- and post-judgment interest. The underlying consideration on the payment of interest is that the successful party has been wrongfully or unlawfully kept out of the use of his/her money, and ought to be compensated for that period. While pre-judgment interest can be determined by contract, post-judgment interest is prescribed under the Judgments Act, Chapter 81 of the laws of Zambia, and cannot exceed the current lending rate, as prescribed by the Bank of Zambia.

There are a number of mechanisms available for the enforcement of a domestic judgment in Zambia, which include the following.

• Writ of fieri facias – authorises seizure and sale of the debtor’s movable property.
• Garnishee proceedings – used to attach funds owed to the debtor by third parties (eg, bank accounts).
• Charging order – places a charge on the debtor’s land or securities to secure payment.
• Writ of possession – enforces judgments for recovery of land or premises.
• Committal for contempt – punishes non-compliance with a court order by way of imprisonment.
• Writ of delivery – orders the return of specific movable property.
• Appointment of a receiver – allows a receiver to collect or manage the debtor’s assets, particularly when the debtor is a company that has failed to pay back a loan.
• Bankruptcy or insolvency proceedings – used when the debtor cannot pay, leading to distribution of assets.

The enforcement of any foreign judgments or orders in Zambia is governed by the provisions of the Foreign Judgments (Reciprocal Enforcement) Act, Chapter 76 of the laws of Zambia. This only applies to countries that have signed reciprocal enforcement agreements with Zambia, which permit the registration of Zambian judgments in those countries.

For countries without reciprocal enforcement treaties/agreements, a judgment can only be enforced by way of commencing a fresh action in the Zambian courts.

The following appellate courts are available in Zambia.

• The Subordinate Court (where decisions from the local courts are appealed to).
• The High Court (where the decision emanates from the Magistrates’ Court). The High Court has appellate jurisdiction in civil and criminal matters from the Magistrates’ Court.
• The Court of Appeal (where the decision emanates from the High Court). The Court of Appeal has appellate jurisdiction in civil and criminal matters from the Magistrates’ Court, and from tribunals and other quasi-judicial bodies.
• The Supreme Court (final appellate court) which has jurisdiction in civil and criminal matters from the Court of Appeal.

Leave to Appeal

Unless already granted in a judgment, parties require leave to appeal from the court in which a judgment was rendered (appeals from judgments of the High Court to the Court of Appeal, however, are automatic). If such leave is not granted, the party desiring to appeal may apply for leave to appeal in the relevant appellate court or renew their application were it was denied by the hearing court.

Timelines for appeal

Where leave to appeal has been granted:

• appeals from the subordinate court must be lodged at the High Court within 14 days of the date of judgment;
• appeals from the High Court to the Court of Appeal must be lodged at the Court of Appeal within 30 days of the date of judgment; and
• appeals from the Court of Appeal to the Supreme Court must be lodged within 30 days of leave being granted unless the order granting leave provides otherwise.

Parties can apply for extension of time to file their appeals.

Grounds of Appeal

Appeals can only challenge points of law; appeals on facts alone and are not allowed. Parties must set out the reasons for their appeal in the grounds of appeal, which limit the issues to be addressed in the appellate court. Issues not raised in the subordinate court cannot be raised on appeal, unless such fact/issue could not have been known prior. It is a requirement that grounds of appeal should not be narrative.

Mode of Appeal

Parties are required to file a Notice and Memorandum of Appeal. Parties must also file a Record of Appeal, which will contain all relevant documents from the subordinate court, including the judgment appealed against. Parties will be required to also submit Heads of Argument and Heads of Argument in Response, in the appellate court.

See 10.2 Rules Concerning Appeals of Judgments.

See 10.2 Rules Concerning Appeals of Judgments.

See 10.2 Rules Concerning Appeals of Judgments. The court can decide to either grant or refuse leave to appeal. The determining factor is whether or not the court is of the view that such appeal has reasonable prospects of success.

An appellate court is required to render judgment after hearing an appeal. Until judgment is rendered, such court continues to exercise jurisdiction to hear and determine interlocutory applications by the parties, if any.

The general rule is that costs follow the event. In other words, generally, the successful party is entitled to costs. However, the courts exercise wide discretion on costs and may order that:

• each party bears its own costs (in the Industrial Division of the High Court, for example, parties must bear their own costs, unless special reasons can be shown otherwise, eg, the conduct of the parties); or
• a successful party be deprived of costs, for good reason (eg, the conduct of the parties).

The court will consider some of the following factors when awarding costs.

• Which party was successful.
• The conduct of the parties to the dispute.
• The manner in which the case was conducted.
• The complexity of the case, and its contribution to Zambian jurisprudence (often, each party bears its own costs in such instance).

Interest is generally not awarded on costs in Zambia. Instead, costs are either agreed, or, where agreement fails, taxed before a taxing master. In such instance, the Legal Practitioners (Costs) Order, 2017 will determine the fixed scale of fees to be applied to costs, dependant on time spent on a task and level of seniority of the lawyers handling the case. Once an order granting costs is obtained from the court, the amount awarded will attract Judgment Interest, which the Judgments Act mandates it to apply to all judgments where money is awarded.

Alternative dispute resolution (ADR) is highly promoted in Zambia. The most popular forms include the following.

• Court-annexed mediation – the court may order the parties to attend mediation where it appears possible. In the even that it fails, the parties are referred back to court for trial.
• Arbitration – arbitration is growing more popular in Zambia, and is a voluntary process by which parties agree to arbitration as the mode of dispute resolution under an agreement. Institutions such as the Chartered Institute of Arbitration (Zambia Branch) and the Lusaka International Arbitration Centre are evidence of the growing reliance on arbitration as a mode of dispute resolution.

See 12.1 Views of ADR Within the Country. The courts, at their discretion, may refer a matter for court-annexed mediation. This is the only form of compulsory ADR.

Furthermore, where parties have an arbitration clause in their agreement, the courts are bound to refer such matter to arbitration, unless otherwise agreed by the parties.

In Zambia, the institutions offering and promoting ADR are fairly well organised.

Court-Annexed Mediation

Court-annexed mediation is administered under the High Court Rules, which provide a clear procedural framework. The judiciary has established dedicated mediators, who sit at the High Court as and when needed. However, court-annexed mediation varies by region, and limited resources sometimes affect its reach and impact.

Arbitration

The main institutions offering arbitration are the Chartered Institute of Arbitrators (Zambia Branch) and the Lusaka International Arbitration Centre (LIAC). Both institutions are well organised, with panels of accredited arbitrators. Arbitration as an alternative form of dispute resolution is gaining popularity and is still developing.

Zambia’s Arbitration Act No 19 of 2000 also allows for the use and reliance on:

• the United Nations Commission on International Trade Law (UNCITRAL) as a model law, as adopted by the United Nations Commission on 21 June 1985; and
• the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958.

These laws comprehensively cater for all aspects related to arbitration, including matters subject to arbitration, interim measures and reliefs, and the selection of an arbitrator (where the parties fail to agree), to name a few. The Arbitration Act also provides for modes of enforcement of arbitral awards, which are required to be registered at the High Court. Once registered, arbitral awards can be enforced in the same manner as a court judgment.

The following subject matters cannot be referred to arbitration in Zambia.

• An agreement contrary to public policy.
• A criminal matter (unless the court grants leave).
• A matrimonial cause.
• A matter related to the determination of paternity, maternity or parentage of a person.
• A matter affecting the interests of a minor or legally incapacitated person (unless such minor or individual is represented by a competent person).

Parties in Zambia can challenge an arbitral award on the following grounds.

• Where a party to the arbitration agreement is under some incapacity.
• Where the arbitration agreement is not valid under the law to which the parties are subject.
• Where a party was not given proper notice of the appointment of an arbitrator.
• Where the award deals with a dispute not contemplated by the parties.
• Where the composition of the tribunal was not in accordance with the agreement.
• Where the award has not yet become binding or has been set aside in its country of origin.

Domestic Arbitral Awards

Domestic arbitral awards must first be registered at the High Court of Zambia, after which they can be enforced in the same manner as any other judgment of the courts of Zambia, as highlighted in 9.4 Enforcement Mechanisms of a Domestic Judgment.

Foreign Arbitral Awards

Foreign arbitral awards can be registered and enforced in any country that is a signatory of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958.

The Zambian courts and the Law Association of Zambia have both made – and continue to make – effort towards reform, particularly to ease the court backlogs. Some examples include the following.

• The Law Association of Zambia recently held its inaugural Lusaka Arbitration Week, which was a platform for knowledge sharing, networking, and discussions on the latest ADR trends across the Southern African Development Community (SADC).
• The Law Association of Zambia has introduced a pro-bono policy, which requires all legal practitioners in Zambia to take up one pro-bono matter each year.
• The Law Association of Zambia and the Zambian courts undertake a prison decongestion programme, whereby lawyers volunteer at prisons across Zambia, identifying criminal cases that have prolonged unreasonably and representing such persons until conclusions. The courts sometimes sit in the prison facilities to hear and determine cases.
• The law mandating how many judges can sit in each Superior Court has also been recently amended to increase the number of judges so as to make the courts more efficient. At the time of writing, it is expected that the new judges shall be appointed soon.

The main area of growth for commercial disputes in Zambia has been the introduction of the Commercial Division of the High Court of Zambia. The Commercial Division is a fast track, judge-driven court, that prioritises the fast resolution of disputes. Typically, disputes in the Commercial Division are determined (ie, judgment rendered) within 6–12 months.