LEGAL PRACTITIONERS QUALIFYING

EXAMINATION (LPQE)

HEAD 8 SUBORDINATE COURTS CIVIL PROCEDURE

__________________________________________

REVISION KIT
_______________________________________________________
Copyright©

Compiled by the Zambia Institute of Advanced Legal Education

PO Box 30690, Lusaka

E: [email protected] W: www.ziale.org.zm

© ZIALE, 2022

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any
form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission
of the copyright owner.
VISION
“A Centre of excellence in Law Practice Education”.

Through this vision, ZIALE will ensure that it applies innovative strategies to earn international recognition in the
provision of practical legal training.

MISSION
“To provide quality practical legal training”

Through this mission statement, ZIALE will develop innovative strategies to ensure that the Institute produces
competent legal practitioners and non-legal professionals to the satisfaction of all stakeholders.

This document is the property of the Zambia Institute of Advanced Legal Education.
 4

APRIL 2022
LEGAL PRACTITIONERS QUALIFYING EXAMINATION
(REPEATERS’)

PAPER 8: SUBORDINATE COURTS CIVIL PROCEDURE

WEDNESDAY 13TH APRIL 2022

MARKS: 100 TIME: 09:00-10:45 HOURS

INSTRUCTIONS TO CANDIDATES

1. QUESTION ONE (1) IS COMPULSORY, CARRIES 40% OF THE

TOTAL MARK AND MUST BE ANSWERED BY ALL
CANDIDATES.
2. ANSWER ANY TWO (2) FROM THE REMAINING
QUESTIONS WHICH CARRY 30% OF THE TOTAL MARK.
3. THE DURATION OF THE EXAMINATION IS ONE HOUR
AND FORTY-FIVE MINUTES (1 HOUR 45 MINUTES) WITHIN
WHICH TIME CANDIDATES ARE EXPECTED TO ANSWER
THREE QUESTIONS OUT OF EIGHT QUESTIONS.
4. DO NOT BRING ANY REFERENCE BOOK OR NOTES IN THE
EXAMINATION ROOM.

This document is the property of the Zambia Institute of Advanced Legal Education.
 5

QUESTION ONE COMPULSORY

On the 3rd March 2022, Kasimbi Moye of House No. 321 Chalala, off Kasama Road,
Lusaka, an undersheriff in the Sheriff of Zambia’s office, executed a Writ of Fieri Facias
against Muzezo Mojo, a judgment debtor. This was in execution of a judgment in the sum
of K50, 000.00 obtained in favour of Plobulemu Kaloba, the judgment creditor, of
Mtendere Compound, house No. A23, Lusaka. Amongst the properties seized by the
undersheriff were two Toyota Land Cruiser V8, Registration Numbers BAG 2344 and
BAD 2177. Kalibe Kantu a prominent businessman from one of the witchcraft prone
Districts in Zambia claimed ownership of the two Land Cruisers and sent a Notice to that
effect to the Sheriff of Zambia two days after the seizure. On receipt of the claim by Kalibe
Kantu, the undersheriff notified Plobulemu Kaloba of the claim, which claim he disputed.
The undersheriff thus proceeded to take out an inter pleader summons.
a) Kindly draft a notice of claim which Kalibe Kantu sent to the Sheriff of Zambia.
(12 Marks)
b) Draft the inter pleader summons which the undersheriff prepared.
(12 Marks)
c) Prepare the accompanying affidavit to the summons in (b) above.
(16 Marks)
40 MARKS

This document is the property of the Zambia Institute of Advanced Legal Education.
 6

MODEL ANSWER

IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/ CRMP/……..

FOR THE LUSAKA DISTRICT

HOLDEN AT LUSAKA

(Civil Jurisdiction)

BETWEEN:

PLOBULEMU KALOBA PLAINTIFF

AND

MUZEZO MOJO DEFENDANT

KALIBE KANTU CLAIMANT

NOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION PURSUANT TO ORDER 41 RULE 53 SCR,

CHAPTER 28 OF THE LAWS OF ZAMBIA

TAKEN NOTICE that KALIBE KANTU of Plot No……….. Road, …………………, Lusaka claims ownership
of the Motor Vehicles specified in the schedule hereunder taken in execution by Court Bailiffs on 3 rd day of
March, 2022 pursuant to a Writ of fieri facias issued in this action.

SCHEDULE REFERRED TO ABOVE

(i) Toyota Land Cruiser V8, Registration No. BAG 2344; and
(ii) Toyota Land Cruiser V8, Registration No. BAD 2177

This document is the property of the Zambia Institute of Advanced Legal Education.
 7

Dated the day of 2022

This Notice of claim was drawn by: Messrs ZIALE Chambers

Plot No. 1
P.O. Box 3
LUSAKA
Advocates for the Claimant

This document is the property of the Zambia Institute of Advanced Legal Education.
 8

IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/ CRMP/……..

FOR THE LUSAKA DISTRICT

HOLDEN AT LUSAKA

(Civil Jurisdiction)

BETWEEN:

PLOBULEMU KALOBA PLAINTIFF

AND

MUZEZO MOJO DEFENDANT

KALIBE KANTU CLAIMANT

INTER-PLEADER SUMMONS PURSUANT TO ORDER 41 RULE 56 SCR, CHAPTER 28 OF THE LAWS

OF ZAMBIA

LET ALL THE PARTIES concerned attend before the Honourable Magistrate……… in Chambers on
the…………day of……….2022 at………hours in the……………..noon on the hearing of an application on the
part of the Sheriff of Zambia that the Plaintiff and the Claimant appear and state the nature and particulars of
their respective claims to the goods seized by the above named Sheriff of Zambia under a writ of fieri facias
issued in this action and maintain or relinquish the same and abide by such order as may be made herein
and that in the meantime all further proceedings be stayed.

Dated this day of 2022

___________________

CLERK OF COURT

This summons was taken out by: The Sheriff of Zambia

Kachidza road, Industrial Area,
P.O. Box 50067, LUSAKA.

This document is the property of the Zambia Institute of Advanced Legal Education.
 9

To: The Claimant and his Advocates

Messrs ZIALE Chambers

Plot No. 1

P.O. Box 39120,

LUSAKA.

To the Plaintiff and its Advocates

Messrs Derrick Mulenga & Company

NDOLA.

This document is the property of the Zambia Institute of Advanced Legal Education.
 10

IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/ CRMP/……..

FOR THE LUSAKA DISTRICT

HOLDEN AT LUSAKA

(Civil Jurisdiction)

BETWEEN:

PLOBULEMU KALOBA PLAINTIFF

AND

MUZEZO MOJO DEFENDANT

KALIBE KANTU CLAIMANT

AFFIDAVIT IN SUPPORT OF INTER-PLEADER SUMMONS

I, KASIMBI MOYE of House No. 321, Chalala, off shantumbu Road, in the Lusaka District of the Lusaka
Province of the Republic of Zambia do hereby MAKE OATH and SAY as follows:-

1. That my names and address are as stated above.

2. That I am Zambian by Nationality.

3. That I am in the employ of the Judiciary serving under the Sheriff of Zambia as Under-Sheriff and
by reason thereof I am competent to swear this Affidavit from facts within my personal knowledge.

4. That on 3rd March, 2022 I seized two (2) Toyota Land Cruiser V8, Registration Numbers BAG2344
and BAD 2177 pursuant to a writ of fieri facias issued herein at the instance of the Plaintiff.

6. That the ownership of the said Toyota Land Cruisers V8 has been claimed by Kalibe Kantu as
evidenced by the Notice of claim to goods taken in execution served on the Sheriff of Zambia on 5 th
March, 2022. There is now produced a copy of the said Notice of Claim marked “KM1”.

This document is the property of the Zambia Institute of Advanced Legal Education.
 11

7. That there are also exhibited hereto collectively marked “KM2” true copies of Motor vehicle
Registration Certificates availed to the Sheriff of Zambia by the said Claimant.

8. That I do not in any manner collude with the said Claimant or with the abovenamed Plaintiff but I
am ready and willing to dispose of or to surrender the said Motor vehicles in such manner as this
Honourable Court may direct.

9. That I depose to the facts herein as being true to the best of my knowledge and belief.

SWORN by the said KASIMBE MOYE)

at Lusaka this …………………….day of ) ………………………………….

……………………………………… 2022 ) DEPONENT

BEFORE ME:-------------------------------------

COMMISSIONER FOR OATHS

Examiner’s comment: When a question like this one is posed; the examiner expects you to draft the
documents specified in the question. Do not argue with the question. Simply draft the documents
and pay particular attention the facts. A student is not expected to explain or give in an introduction
to the topic under which the documents fall. Simply draft.

This document is the property of the Zambia Institute of Advanced Legal Education.
 12

QUESTION TWO
Sansakuwa Mulozhi of Plot No. 1811 Itawa, Ndola took out an action against Tazani
Nguzu in Ndola by way of Writ of Summons on the 31st March 2022. An attempt was
made to have the process served on Tazani Nguzu at his last known address, being Plot
No. 111 Kantolomba, Ndola. It was discovered that he had shifted to an unknown
address. Sansakuwa Mulozhi retains you to further his interest.
a) Kindly draft a notice of appointment as advocates which you intend to file into
Court.
(8 Marks)
b) Draft the relevant summons for filing into court.
(8 Marks)
c) Draft an affidavit in support of the summons in (b) above.
(14 Marks)
30 MARKS

This document is the property of the Zambia Institute of Advanced Legal Education.
 13

MODEL ANSWER
IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/ /

FOR THE NDOLA DISTRICT

HOLDEN AT NDOLA

(Civil Jurisdiction)

BETWEEN:

SANSAKUWA MULOZHI PLAINTIFF

AND

TAZANI NGUZU DEFENDANT

NOTICE OF APPOINTMENT AS ADVOCATES

TAKE NOTICE that Messrs ZIALE Chambers has been appointed as advocates for the plaintiff. The address
for service of court process and correspondence is as indicated below.

Dated the …………day of ………………………………………………….. 2022

Drawn by: ………………………

Messrs ZIALE Chambers

LUSAKA

ADVOCATES FOR THE PLAINTIFF

This document is the property of the Zambia Institute of Advanced Legal Education.
 14

TO: THE DEFENDANT

IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/

FOR THE NDOLA DISTRICT

HOLDEN AT NDOLA

(Civil Jurisdiction)

BETWEEN:

SANSAKUWA MULOZHI PLAINTIFF

AND

TAZANI NGUZU DEFENDANT

EX-PARTE SUMMONS FOR LEAVE TO SERVE WRIT BY SUBSTITUTED SERVICE PURSUANT TO

ORDER 7 RULE 5(C) SCR, CHAPTER 28 OF THE LAWS OF ZAMBIA

LET COUNSEL for the Plaintiff attend before the Honourable Magistrate ……………..............................in
Chambers on the…………day of……………....2022 at…………… hours in the………………….noon on the
hearing of an application on the part of the Plaintiff for leave to serve Writ by advertising once in the Times
of Zambia on the grounds set forth in the Affidavit in support herewith.

Dated this day of 2022

__________________

CLERK OF COURT

This summons was drawn by: Messrs ZIALE Chambers

Plot 1

LUSAKA

Advocates for the Plaintiff

This document is the property of the Zambia Institute of Advanced Legal Education.
 15

IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/

FOR THE NDOLA DISTRICT

HOLDEN AT NDOLA

(Civil Jurisdiction)

BETWEEN:

SANSAKUWA MULOZHI PLAINTIFF

AND

TAZANI NGUZU DEFENDANT

AFFIDAVIT IN SUPPORT OF EX-PARTE SUMMONS FOR LEAVE TO SERVE WRIT BY SUBSTITUTED

SERVICE

I, SANSAKUWA MULOZHI of Plot No. 1811 Itawa in the Ndola District of the Copperbelt Province of the
Republic of Zambia do hereby make OATH and SAY as follows:-
1. That my names and address are as stated above.
2. That I am a Zambian by Nationality.
3. That I am the plaintiff herein and by virtue therefore I have authority to swear to this Affidavit from
facts within my personal knowledge.
5. That on 31st March, 2022 I caused to be issued against the Defendant out of the Civil Registry a
Writ of Summons.
6. That upon uplifting the Writ of Summons I went to serve the same at Plot No. 111, Kantolomba,
Ndola being the last known residential address for the defendant.
7. That upon attempting service at Plot No. 111, Kantolomba, Ndola I discovered that the Defendant
ceased to stay at the said address and that the said Defendant has since relocated to some unknown
address.
8. That the said I have made all reasonable efforts and used all means in my power to serve the Writ
of Summons on the Defendant but I have not been able to do so.

This document is the property of the Zambia Institute of Advanced Legal Education.
 16

9. That in premises, I verily believe that the most effective way of bringing the Writ of Summons to
the attention of the Defendant is by advertising in the Times of Zambia.
10. That I depose to the facts herein as being true and correct to the best of my knowledge and
belief.
SWORN by the said SANSAKUWA )
MULOZHI at Ndola this ) ………………………………………..
day of 2022 ) DEPONENT

BEFORE ME:…………………………………….
COMMISSIONER FOR OATHS

Examiner’s comment: When a question like this one is posed; the examiner expects you to draft the
documents specified in the question. Do not argue with the question. Simply draft the documents
and pay particular attention the facts. A student is not expected to explain or give in an introduction
to the topic under which the documents fall. Simply draft.

QUESTION THREE
On the 12th March, 2022 Andrew Mukolomino who resides at Plot No. 22 Mulenga
Compound, Kitwe, commenced an action in the Kitwe Subordinate Court against
Dickson Mutu by way of default Writ of summons in order to facilitate recovery of the
sum of K15, 000.00 being purchase price for 10 bags of soya beans sold to Dickson Mutu
by the plaintiff on the 20th February 2022. Upon the defendant filing Form 2C, the trial
Magistrate issued a notice of hearing which was returnable on the 31st March 2022 at 09:00
hours. 14 days before the date set for commencement of trial the defendant died in a road
traffic accident on his way to Lusaka. The Local Court consequently appointed his uncle
one Taipita Fichite as administrator of his estate. Following the appointment of Taipita
Fichite as administrator of the estate of the late Dickson Mutu, the plaintiff retains your
firm with instructions to substitute the deceased with the administrator of his estate.
a) Draft summons for an order to alter or substitute party to proceedings citing the
relevant law applicable.

This document is the property of the Zambia Institute of Advanced Legal Education.
 17

(15 Marks)
b) Draft the supporting affidavit.
(15 Marks)
30 MARKS

MODEL ANSWER
IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/ /

FOR THE KITWE DISTRICT

HOLDEN AT KITWE

(Civil Jurisdiction)

BETWEEN:

ANDREW MUKOLOMINO PLAINTIFF

AND

DICKSON MUTU DEFENDANT

SUMMONS FOR AN ORDER TO ALTER PARTY TO PROCEEDINGS PURSUANT TO ORDER 11 RULE

1 SCR, CHAPTER 28 OF THE LAWS OF ZAMBIA

LET ALL THE PARTIES concerned attend before the Honourable Magistrate…………
……………………….in Chambers on the…………………….day of……………………..2022 in
the………………….noon on the hearing of an application on the part of the Plaintiff for an order for
substitution of a party on the grounds set out in the Affidavit in support thereof.

Dated at Ndola this day of 2022

_________________

Clerk of Court

This Summons was filed by:……………..

This document is the property of the Zambia Institute of Advanced Legal Education.
 18

Messrs ZIALE Chambers Plot No. 1, P.O. Box 39320,

LUSAKA
Advocates for the Plaintiff
TO: THE DEFENDANT AND HIS ADVOCATES

LUSAKA

IN THE SUBORDINATE COURT OF THE FIRST CLASS 20222/ / FOR THE KITWE
DISTRICT

HOLDEN AT KITWE

(Civil Jurisdiction)

BETWEEN:

ANDREW MUKOLOMINO PLAINTIFF

AND

DICKSON MUTU DEFENDANT

AFFIDAVIT IN SUPPORT OF SUMMONS FOR AN ORDER TO ALTER PARTY TO PROCEEDINGS

I, ZIALE EXAM of plot No. 1 Mulenga Compound, Kitwe, in the Copperbelt Province of the Republic of
Zambia DO hereby MAKE OATH and SAY as follows:

1. That my full names and address are as stated above.

2. That I am a Zambia by Nationality.

3. That I am Counsel seized with conduct of this matter on behalf of the plaintiff herein and by virtue
thereof have authority to swear to this Affidavit from facts within my personal knowledge.

4. That on the 12th March 2022 the Plaintiff commenced these proceedings against the Defendant
by way of default writ of summons.

This document is the property of the Zambia Institute of Advanced Legal Education.
 19

5. That on 17th March 2022, the plaintiff died in a road traffic accident and was put to rest on the 22 nd
march 2022. There is now produced and marked exhibit “ZE1” a copy of the death certificate and
burial permit.

6. That following the demise of the plaintiff, TAIPITA FICHITE was appointed as administrator of the
estate of the plaintiff by the Kitwe Local Court. There is now produced and marked exhibit “ZE2” a
copy of a notice of appointment as administrator.

7. That in the premises, it is absolutely necessary that the plaintiff be substituted with one TAIPITA
FICHITE.

8. That I depose to the facts herein as being true to the best of my knowledge and belief.

SWORN by the said ZIALE )

EXAM at Lusaka this ) …………………………………………

day of 2022 ) DEPONENT

BEFORE ME:---------------------------------

COMMISSIONER FOR OATHS

Examiner’s comment: When a question like this one is posed; the examiner expects you to draft the
documents specified in the question. Do not argue with the question. Simply draft the documents
and pay particular attention the facts. A student is not expected to explain or give in an introduction
to the topic under which the documents fall. Simply draft.

This document is the property of the Zambia Institute of Advanced Legal Education.
 20

QUESTION FOUR
Write short notes on the following:
a) Writ of summons;
(6 Marks)
b) Default writ of summons;
(6 Marks)
c) Originating summons;
(6 Marks)
d) Originating notice of Motion; and
(6 Marks)
e) Petition.
(6 Marks)
30 MARKS

MODEL ANSWER
(a) Writ of Summons
A Writ of Summons is a formal prescribed document by which an action is commenced by a Plaintiff in the
Subordinate Court.
It is used in matters where the Plaintiff is claiming or seeking unliquidated damages e.g., damages for
negligence, nuisance, breach of contract, defamation and any other claim not quantified.
(b) Default Writ of Summons
This document is used in circumstances where the Plaintiff is claiming liquidated damages (an ascertained
amount of money)
The Default Writ of summons must indicate the names of the parties and must be endorsed with the service
address for the Plaintiff and Defendant.
(c) Originating Summons
OS is used in matters which are suitable for determination in chambers. OS is supported by an Affidavit
sworn by the applicant. The party instituting the action by way of OS is referred to as the Applicant while the
person against whom the action has been commenced is the Respondent.

This document is the property of the Zambia Institute of Advanced Legal Education.
 21

(d) Originating Notice of Motion

Similar to OS, the parties are referred to as the Applicant and Respondent, respectively. The originating
process is supported by an Affidavit sworn by the Applicant. And the Respondent is at liberty to file an Affidavit
in Opposition. The action is heard in chambers.
(e) Petition
A Petition is a written application made to the Court in a prescribed form. It may be used only as an originating
process where the rules of Court or under any Act the proceedings in question are required or authorized to
be began by a Petition.
The person commencing the Petition is called the Petitioner whilst the person against whom the petition has
been filed is called the Respondent. Where a law provides for a mode of commencing an action, you must
abide by such laws.

Examiner’s comment: pay attention to the marks allocated to each part. That will determine how much
detail you include in the answer. The examiner expects the student to show understanding of the
modes of commencement of proceedings in the Subordinate Court.

QUESTION FIVE
(a) List five matters in which the Subordinate Court has no jurisdiction.
(5 Marks)
(b) What reasons may be used to object to a bill of costs?
(5 Marks)
(c) Explain interlocutory and interim injunction.
(8 Marks)
(d) Who appoints Magistrates? (With the aid of authorities).
(5 Marks)
(e) Explain what you understand by the words “burden of proof” and “standard
of proof”?
(5 Marks)
(f) How is Government sued?
(2 Marks)

This document is the property of the Zambia Institute of Advanced Legal Education.
 22

30 MARKS

MODEL ANSWER
(a) (The Candidate may list any five of the following to get 5 full marks)

(i) Where title to any right, duty or office is in question.

(ii) Where the validity of any will or other testamentary writing or any bequest or limitation
under any will or settlement is in question.

(i) Where the legitimacy of any person is in question.

(ii) Where the validity or dissolution of any marriage is in question.

(iii) Habeas Corpus

(b) One (1 Mark each)

❖ The times taken for a task are unreasonable;
❖ Proper scales and heads are not used from the SI and that charging for an item is not allowed within
the law;
❖ That a particular task was not reasonably necessary for the action;
❖ Proper fees rates are not used and
❖ Calculations are correct.
(c) The terms interim injunction and interlocutory injunction are often used interchangeably, however
there is an important distinction. An interlocutory injunction is obtained prior to, and remains in
force until conclusion of the matter or further order by the court. An interim injunction on the other
hand is obtained ex parte for a very short amount of time until each party can attend court for
inter parte hearing of an interlocutory injunction.

This document is the property of the Zambia Institute of Advanced Legal Education.
 23

(d) All Magistrates are appointed by the Judicial Service Commission on acting on behalf of the
Republican President pursuant to the powers conferred on the Judicial Service Commission by
Section 5 of the Subordinate Court Act, Chapter 28 of the laws of Zambia.
(e) Burden of proof basically refers to a party to the proceedings who bears the onus to prove the
claim or allegations. At law, the principle is “whoever alleges must prove”. A plaintiff thus, having
instituted civil proceedings bears the burden of proving the facts in issue contained in his/her s
or claim.

The standard of proof basically refers to the acceptable level or threshold to which the burden of
proof is discharged. Ordinarily in civil matters, the standard is on a balance of probability. This
means that the evidence adduced by the party who bears the burden of proof must persuade
the trial magistrate that it is more probable than not, that the facts as given by the plaintiff are
true.
(f) The Government is thus sued through Attorney General, Section 12 of the State Proceedings
Act Chapter 71 of the Laws of Zambia.

Examiner’s comment: Students are expected to pay attention to the question. If the question requires
you to list, simply list and not start providing explanations. There is no need to write introductions to
most questions, especially these ones. Simply answer the question.

This document is the property of the Zambia Institute of Advanced Legal Education.
 24

JUNE 2022
LEGAL PRACTITIONERS QUALIFYING EXAMINATION
(MIDYEAR)

PAPER 8: SUBORDINATE COURTS CIVIL PROCEDURE

WEDNESDAY 15TH JUNE, 2022

MARKS: 25 TIME: 09:00-11.00 HOURS

INSTRUCTIONS TO CANDIDATES

5. QUESTION ONE (1) IS COMPULSORY, CARRIES 40% OF THE

TOTAL MARK AND MUST BE ANSWERED BY ALL
CANDIDATES.

6. ANSWER ANY TWO (2) FROM THE REMAINING

QUESTIONS. EACH QUESTION CARRIES 30% OF THE
TOTAL MARK.

7. THE DURATION OF THE EXAMINATION IS TWO HOURS (2

HOURS) WITHIN WHICH CANDIDATES ARE EXPECTED TO
ANSWER THREE QUESTIONS OUT OF FIVE QUESTIONS.

8. DO NOT BRING ANY REFERENCE BOOK OR NOTES IN THE

EXAMINATION ROOM.
QUESTION ONE COMPULSORY
On 30th September, 2019 Benson Tonga was offered Lot No. 900 in extent of 20 hectares
located in Mumbwa District of Central Province by the Commissioner of Lands. He duly

This document is the property of the Zambia Institute of Advanced Legal Education.
 25

accepted the offer and paid consideration fees amounting to K20,000.00. On 11 th

November, 2019 he was issued with a Certificate of Title by the Registrar of Lands.

Unknown to Benson Tonga, Lot No. 900 Mumbwa was repossessed from Foloko Jere by
the Commissioner of Lands pursuant to a Notice of Re-entry. Prior to repossession of Lot
No. 900 from Foloko Jere, the Commissioner of Lands inadvertently omitted to serve the
Notice of Re-entry on Foloko Jere.

Upon learning of the Commissioner of Lands’ offer to Benson Tonga of Lot No. 900
Mumbwa, Foloko Jere, who resides at House No. 80 Palm Drive, Chelstone Lusaka,
engages your firm with instructions to institute legal proceedings against Benson Tonga
by way of Writ of Summons endorsed with a claim for an Order for possession of Lot No.
900 Mumbwa in the Mumbwa Subordinate Court of the First Class.

Besides instructing you to seek an Order for vacant possession of Lot No. 900 Mumbwa,
Mr. Jere further instructs you to obtain an injunction to restrain Benson Tonga from
alienating or disposing of Lot No. 900 Mumbwa pending determination of the main
matter.

In his brief to you, Mr. Jere contends that he acquired Lot No. 900 Mumbwa from the
Commissioner of Lands on 23rd February, 2017 and that upon being offered the property
in question he effected developments thereon to the tune of K80,000.00. He further
contends that he has never been served with any Notice of Re-entry by the Commissioner
of Lands and that he is still in occupation of the property.

(a) Draft the notice of appointment as advocates which you intend to file into
court.
(10 Marks)

This document is the property of the Zambia Institute of Advanced Legal Education.
 26

(b) Draft Ex-parte Summons for an Order for interim injunction to restrain Benson
Tonga from alienating Lot No. 900, Mumbwa pending determination of the
main matter citing the relevant law applicable.
(10 Marks)
(c) Draft the Supporting Affidavit.
(20 Marks)
40 MARKS

MODEL ANSWER
IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/ /

This document is the property of the Zambia Institute of Advanced Legal Education.
 27

FOR THE MUMBWA DISTRICT

HOLDEN AT MUMBWA

(Civil Jurisdiction)

BETWEEN:

FOLOKO JERE PLAINTIFF

AND

BENSON TONGA DEFENDANT

NOTICE OF APPOINTMENT AS ADVOCATES

TAKE NOTICE that Messrs ZIALE Chambers has been appointed as advocates for the plaintiff. The address
for service of court process and correspondence is as indicated below.

Dated the …………day of ………………………………………………….. 2022

Drawn by: ………………………

Messrs ZIALE Chambers

LUSAKA.

ADVOCATES FOR THE PLAINTIFF

TO: THE DEFENDANT

IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/……/….

FOR THE MUMBWA DISTRICT
HOLDEN AT MUMBWA
(Civil Jurisdiction)

This document is the property of the Zambia Institute of Advanced Legal Education.
 28

BETWEEN:

FOLOKO JERE PLAINTIFF

AND

BENSON TONGA DEFENDANT

EX-PARTE SUMMONS FOR AN ORDER FOR AN INTERIM INJUNCTION PURSUANT TO ORDER 23

RULE 1 SCR, CHAPTER 28 OF THE LAWS OF ZAMBIA

LET COUNSEL for the Plaintiff attend before the Honourable Magistrate ……..………
...................... .................in chambers on the..............day of.................... 2022 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 alienating or disposing of Lot No. 900, Mumbwa pending determination of the
main matter.

Dated the day of 2022

--------------------------------------------
CLERK OF COURT

This Ex-parte Summons was filed by: Messrs ZIALE Chambers

LUSAKA
Advocates for the Plaintiff

IN THE SUBORDINATE COURT OF THE 2022/………/…….

FIRST CLASS FOR THE MUMBWA DISTRICT
HOLDEN AT MUMBWA
(Civil Jurisdiction)

This document is the property of the Zambia Institute of Advanced Legal Education.
 29

BETWEEN:

FOLOKO JERE PLAINTIFF

AND

BENSON TONGA DEFENDANT

AFFIDAVIT IN SUPPORT OF EX-PARTE SUMMONS FOR AN ORDER FOR AN INTERIM INJUNCTION

I, FOLOKO JERE of the City and Province of Lusaka in the Republic of Zambia do hereby make OATH
and say as follows:-

1. That my full names are as stated above.

2. That I am a Zambian National.

3. That I reside at House No. 80, Palm Drive, Chelston, Lusaka as aforesaid.

4. That I am the Plaintiff herein and swear this Affidavit from facts
within my personal knowledge.

5. That on 23rd February, 2017 I was offered Lot No. 900, Mumbwa by the
Commissioner of Lands.

6. That upon being offered the Property in question I effected developments

thereon to the tune of K80,000.00.

7. That on 30th September, 2019 the Defendant was offered Lot No. 900 in
extent of 20 hectares located in Mumbwa District of Central Province by the
Commissioner of Lands.

8. That said Defendant duly accepted the offer and paid consideration fees
amounting to K20,000.00.

9. That at the material time the said Defendant was not aware that Lot No.
900, Mumbwa was repossessed from me by the Commissioner of Lands
pursuant to a Notice of Re-entry.
10. That I have never been served with any Notice of re-entry by the
Commissioner of Lands and that I am still in occupation of the Property.

11. That I verily believe that the Defendant intends, unless restrained by this
Honourable Court to alienate or dispose of the Property in question before
the determination of the main matter by this Honourable Court.

This document is the property of the Zambia Institute of Advanced Legal Education.
 30

12. That I also verily believe that I am likely to suffer irreparable damage if
the Defendant disposes of the Property before this matter is determined
by this Honourable Court.

13. That the facts deposed herein are true and correct to the best of my
knowledge.

SWORN by the said FOLOKO )

JERE at Lusaka this ) ……………………………….
day of 2022 ) DEPONENT

BEFORE ME:-----------------------------------
COMMISSIONER FOR OATHS

Examiner’s comment: When a question like this one is posed; the examiner expects you to draft the
documents specified in the question. Do not argue with the question. Simply draft the documents
and pay particular attention the facts. A student is not expected to explain or give in an introduction
to the topic under which the documents fall. Simply draft.

QUESTION TWO
On 11th March, 2021 Juliet Kalimbwe, who resides at Plot No. 90 Salima Road, Matero
Lusaka, purchased a piece of land in extent of 10 hectares from Headman Mulandu at a
consideration of K80,000.00. Upon purchasing the said piece of land from the Headman,
she proceeded to obtain Chief Chipepo’s consent to convert the piece of land from
Customary Tenure to Leasehold Tenure. After obtaining the Chief’s consent she
appeared before the Kafue District Council on 20th April, 2021 for an interview in order
for the Council to ascertain whether or not she was eligible to hold land in Zambia.
Following the interview, Kafue District Council approved her application to convert the
piece of land in question from Customary Tenure to Leasehold Tenure.

This document is the property of the Zambia Institute of Advanced Legal Education.
 31

On 23rd May, 2021 Ms. Kalimbwe obtained approved Survey Diagrams from the Surveyor
General which she later submitted to Kafue District Council who subsequently
recommended to the Commissioner of Lands that she be allocated the said piece of land.
Upon receiving the recommendation, the Commissioner of Lands generated an Offer
Letter in favour of Ms. Juliet Kalimbwe. Consequently, the Chief Registrar of Lands and
Deeds issued her with a Certificate of Title on 8th June, 2021 bearing Lot No. 86, Kafue
upon which Ms. Juliet Kalimbwe constructed a piggery.
On 18th September, 2020 a team of Court Bailiffs acting on a Writ of Possession issued by
Gelo Hamuto who resides in Lusaka demolished the piggery on grounds that the
customary land sold to Ms. Kalimbwe by Headman Mulandu belongs to her. Aggrieved
by Gelo Hamuto’s action, Ms. Kalimbwe retains you with instructions to institute legal
proceedings against Gelo Hamuto in the Lusaka Subordinate Court for damages for
trespass and the replacement value of the piggery.

(a) Draft the endorsement to the Writ of Summons you intend filing on behalf of
your client.
(10 Marks)
(b) Draft the Statement of Claim to accompany the Writ of Summons.
(20 Marks)
30 MARKS

MODEL ANSWER
(a)

Endorsement to Writ of Summons

The Plaintiff’s claim is for:-

(i) Damages for trespass and replacement value of the Piggery.

(ii) Interest on (i) above

(iii) Costs of the proceedings

This document is the property of the Zambia Institute of Advanced Legal Education.
 32

(b)
IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/CRMP/……
FOR THE LUSAKA DISTRICT
HOLDEN AT LUSAKA
(Civil Jurisdiction)

BETWEEN:
Juliet Kalimbwe Plaintiff

And

Gelo Hamuto Defendant

STATEMENT OF CLAIM

1. The Plaintiff is and was at all material times the registered owner of Lot No. 86, Kafue.

2. The Defendant is and was at all material times a female adult person domiciled within the jurisdiction
of this Honourable Court.

3. On or about 11th March, 2020 the Plaintiff purchased a piece of land in extent of 10 hectares from
Headman Kangachepe at a consideration of K80,000.00.

4. The Plaintiff will aver that upon purchasing the piece of land from the Headman, he proceeded to
obtain Chief Chipepo’s consent to convert the said piece of land from Customary Tenure to
Leasehold Tenure.

5. The Plaintiff will also aver that after obtaining the Chief’s consent he appeared before the Kafue
District Council on 20th April 2020 for an interview in order for the Council to ascertain whether or not
he was eligible to hold land in Zambia.

6. The Plaintiff will further aver that following the interview, Kafue District Council approved his
application to convert the piece of land in question from Customary Tenure to Leasehold Tenure.

7. On or about 23rd May, 2020 the Plaintiff obtained approved Survey Diagrams from the Surveyor
General which he later submitted to Kafue District Council who subsequently recommended to the
Commissioner of Lands that he be allocated the said piece land.

This document is the property of the Zambia Institute of Advanced Legal Education.
 33

8. Upon receiving the recommendation, the Commissioner of Lands generated an Offer letter in favour
of the Plaintiff consequent to which the Chief Registrar of Lands and Deeds issued the Plaintiff with
a Certificate of Title on 8th June, 2020 bearing Lot No. 86, Kafue upon which he constructed a piggery.

9. On or about 18th September, 2020 a team of Court Bailiffs acting on a Writ of Possession issued by
the Defendant demolished the piggery on grounds that the Customary land sold to the Plaintiff by
Headman Kangachepe belongs to the Defendant.

10. By reason of the foregoing the Plaintiff has suffered loss and damage.

AND the Plaintiff claims:-

(i) Damages for trespass and replacement value of the Piggery.

(ii) Interest on (i) above
(iii) Costs of the proceedings

Dated the…………………………………day of…………………………………..2022

Messrs ZIALE Chambers

LUSAKA
Advocates for the Plaintiff

To: The Defendant

Miss Peggy Bwalya
LUSAKA

Examiner’s comment: When a question like this one is posed; the examiner expects you to draft the
documents specified in the question. Do not argue with the question. Simply draft the documents
and pay particular attention the facts. A student is not expected to explain or give in an introduction
to the topic under which the documents fall. Simply draft.

This document is the property of the Zambia Institute of Advanced Legal Education.
 34

QUESTION THREE
A. Draft Ex-Parte Summons for Leave to serve Writ by substituted service using
pseudo names and citing relevant provisions of the law.
(15 Marks)
B. Draft Judgment in Default of Defence where the plaintiff is claiming the sum of
K30,000.00. Use pseudo names in your answer.
(8 Marks)
C. Draft Summons for an Order to restore matter to active cause list citing the relevant
law and using pseudo names.
(7 Marks)
30 MARKS

MODEL ANSWER
(a)

This document is the property of the Zambia Institute of Advanced Legal Education.
 35

IN THE SUBORDINATE COURT OF THE FIRST CLASS 2014/CRMP/187 FOR THE NDOLA DISTRICT

HOLDEN AT NDOLA

(Civil Jurisdiction)

BETWEEN:

KALILOZE MULOZHI PLAINTIFF

AND

TAZANI NGUZU DEFENDANT

EX-PARTE SUMMONS FOR LEAVE TO SERVE WRIT BY SUBSTITUTED SERVICE PURSUANT TO

ORDER 7 RULE 5(C) SCR, CHAPTER 28 OF THE LAWS OF ZAMBIA

LET COUNSEL for the Plaintiff attend before the Honourable Magistrate ……………..............................in
Chambers on the…………day of……………....2022 at…………… hours in the………………….noon on the
hearing of an application on the part of the Plaintiff for leave to serve Writ by advertising once in the Times
of Zambia on the grounds set forth in the Affidavit in support herewith.

Dated this day of 2022

__________________

CLERK OF COURT

This summons was drawn by: Messrs ZIALE Chambers

Plot 1
LUSAKA
Advocates for the Plaintiff

(b)
IN THE SUBORDINATE COURT OF THE FIRST CLASS 2021/ CRMP/OO67

This document is the property of the Zambia Institute of Advanced Legal Education.
 36

FOR THE LUSAKA DISTRICT

HOLDEN AT LUSAKA
(Civil Jurisdiction)
BETWEEN:
MAZYOPA TECHNICAL SERVICES LIMITED PLAINTIFF
AND
FARAH AND SONS LIMITED DEFENDANT

JUDGMENT IN DEFAULT OF DEFENCE PURSUANT TO ORDER 33 RULE 1 SCR, CHAPTER 28 OF

THE LAWS OF ZAMBIA

The Defendant not having delivered a defence to the Default Writ of Summons herein, it is this day adjudged
that the Plaintiff recovers against the said Defendant the sum of K30, 000.00 together with interest at the
commercial bank lending rate from the date of the writ until full payment and costs.

Dated the day of 2022

_______________
MAGISTRATE

This Default Judgment was drawn by: Messrs ZIALE

Chambers
Advocates for the Plaintiff
To: The Defendant
Farah And Sons Limited
NDOLA

(c)
IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/CRMP/

This document is the property of the Zambia Institute of Advanced Legal Education.
 37

FOR THE LUSAKA DISTRICT

HOLDEN AT LUSAKA
(Civil Jurisdiction)
BETWEEN:
KALIMUKWA MINING LIMITED PLAINTIFF
AND
THE ATTORNEY GENERAL DEFENDANT

ORDER

UPON HEARING Counsel for the Plaintiff and the Defendant

AND UPON READING the Affidavit in Support and in opposition filed herein
IT IS HEREBY ORDERED that this matter which was struck out for non-attendance on the part of the Plaintiff
be restored to the active cause list and that the costs occasioned by this application be borne by the Plaintiff.
Dated the day of 2022
________________________
MAGISTRATE
This Order was drawn by: Messrs ZIALE Chambers
LUSAKA
Advocates for the Plaintiff
To: The Defendant
The Attorney General’s Chambers
New Kent Building Haile Selassie Avenue
LUSAKA

QUESTION FOUR

This document is the property of the Zambia Institute of Advanced Legal Education.
 38

a) List five (5) ways in which civil proceedings may be commenced in the
Subordinate Court.
(5 Marks)
b) List at least five (5) matters over which the Subordinate Court has no jurisdiction.
(5 Marks)
c) How can a minor sue or be sued?
(5 Marks)
d) Who appoints Magistrates? Explain with the aid of authorities.
(5 Marks)
e) Explain what is mean by territorial jurisdiction?
(10 Marks)

30 MARKS

MODEL ANSWER
a) Writ of Summons, Default Writ of Summons, Originating Summons, Originating Notice of Motion
and Petition.
b) (The Candidate may list any five of the following to get 5 full marks)

(i) Where title to any right, duty or office is in question.

(ii) Where the validity of any will or other testamentary writing or any bequest or limitation
under any will or settlement is in question.

(iv) Where the legitimacy of any person is in question.

(v) Where the validity or dissolution of any marriage is in question.

(vi) Habeas Corpus

This document is the property of the Zambia Institute of Advanced Legal Education.
 39

c) A Minor - can only sue through an adult person who is referred to as a next friend (mother, father,
and guardian).

A Minor - can only defend a matter through an adult person who is referred to as a Guardian Ad
Litem (mother, father, guardian).

d) All Magistrates are appointed by the Judicial Service Commission on acting on behalf of the
Republican President pursuant to the powers conferred on the Judicial Service Commission by
Section 5 of the Subordinate Court Act, Chapter 28 of the laws of Zambia.

e) The term jurisdiction refers to the authority of the court to accept matters to be presented before it
and also the authority to adjudicate over matters so presented. The Subordinate Court, unlike the
High Court which has unlimited jurisdiction, can only deal with matters within the District in which it
is constituted. This is basically what is referred as territorial jurisdiction. This is accordance with
Section 4 of the SCR. Thus, a Magistrate can only adjudicate over matters arising within the district
which they operate.

Examiner’s comment: Students are expected to pay attention to the question. If the question
requires you to list, simply list and not start providing explanations. There is no need to write
introductions to the questions. Simply answer the question.

This document is the property of the Zambia Institute of Advanced Legal Education.
 40

QUESTION FIVE
(g) Explain what you understand by the words burden of proof and standard of
proof?
(8 Marks)
(h) How is Government sued?
(2 Marks)
(i) Explain what you understand by a subpoena ad testificandum and a subpoena
duces tecum?
(8 Marks)
(j) Explain the difference between an interim injunction and an interlocutory
injunction?
(5 Marks)
(k) State the civil jurisdiction of the subordinate court of the various classes where
the relief sought is recovery of liquidated or unliquidated damages.
(7 Marks)
30 MARKS

MODEL ANSWER
(a) Burden of proof basically refers to a party to the proceedings who bears the onus to prove the
claim or allegations. At law, the principle is “whoever alleges must prove”. A plaintiff thus, having
instituted civil proceedings bears the burden of proving the facts in issue contained in his/her s
or claim.

The standard of proof basically refers to the acceptable level or threshold to which the burden of
proof is discharged. Ordinarily in civil matters, the standard is on a balance of probability. This
means that the evidence adduced by the party who bears the burden of proof must persuade

This document is the property of the Zambia Institute of Advanced Legal Education.
 41

the trial magistrate that it is more probable than not, that the facts as given by the plaintiff are
true.
(b) The Government is thus sued through Attorney General, Section 12 of the State Proceedings
Act Chapter 71 of the Laws of Zambia.

(c) A subpoena ad testificandum is a summons to a witness commanding him/her to appear before

court and testify or tell the all they know about the matter. A witness who deliberately disobeys
this summons may be detained at the order of the court.
A subpoena duces tecum is equally a witness summons which is materially similar to a subpoena
ad testificandum except that it additionally requires the witness bring with him/her something in
aid of testimony. It requires a witness to bring for example a contract, policy document, deed,
assignment etc.

(d) The terms interim injunction and interlocutory injunction are often used interchangeably, however
there is an important distinction. An interlocutory injunction is obtained prior to, and remains in
force until conclusion of the matter or further order by the court. An interim injunction on the other
hand is obtained ex parte for a very short amount of time until each party can attend court for
inter parte hearing of an interlocutory injunction.

(e) CRM: A claim does not exceed ZMW100,000;

PRM: a claim does not exceed ZMW90,000;
SRM: a claim does not exceed ZMW70,000;
RM: A claim does not exceed ZMW50,000;
Magistrate Class 1: A Claim does not exceed ZMW30,000;
Magistrate Class 2; A Claim does not exceed ZMW25,000;
Magistrate Class 3, a claim not more than ZMW20,000.

Examiner’s comment: Students are expected to pay attention to the question. If the question requires
you to list, simply list and not start providing explanations. There is no need to write introductions to
the questions. Simply answer the question.

This document is the property of the Zambia Institute of Advanced Legal Education.
 42

SEPTEMBER 2022
LEGAL PRACTITIONERS QUALIFYING
EXAMINATION
(FINAL)

PAPER 8: SUBORDINATE COURTS CIVIL PROCEDURE

WEDNESDAY 21ST SEPTEMBER, 2022

MARKS: 75 TIME: 09:00-11:00 HOURS

INSTRUCTIONS TO CANDIDATES

9. QUESTION ONE (1) IS COMPULSORY, CARRIES 40% OF THE

TOTAL MARK AND MUST BE ANSWERED BY ALL
CANDIDATES.

10. ANSWER ANY TWO (2) FROM THE REMAINING

QUESTIONS WHICH CARRY 30% OF THE TOTAL MARK.

11. THE DURATION OF THE EXAMINATION IS TWO HOURS (2

HOURS) WITHIN WHICH CANDIDATES ARE EXPECTED TO
ANSWER THREE QUESTIONS OUT OF FIVE QUESTIONS.

This document is the property of the Zambia Institute of Advanced Legal Education.
 43

12. DO NOT BRING ANY REFERENCE BOOK OR NOTES IN THE

EXAMINATION ROOM.
QUESTION ONE COMPULSORY
You obtained judgment at the Lusaka Magistrates Complex in favour of your client, Mr.
Kembo Dalitso, for the sum of K89, 000. 00 barely six months after being admitted to the
Zambian Bar. Your client sued a businessman by the name Mr. Adam Nkumba who
resides at Plot No. 4437 Twin Palm Road, Lusaka.

Trial of the case took about five months. At the beginning of the case, the client came to
your chambers to give you instructions. The meeting took about seven hours because you
were getting to know your client well including his education background, childhood,
schools he attended, his girlfriends, what he likes doing in his spare time and many more
stories. You then proceeded to prepare a letter of demand which took you about five
hours. The letter was delivered to Mr. Nkumba’s residence in Kabulonga from your
chambers in Rhodes Park and you used about 70 litres of petrol.

You thereafter drafted originating process, which took you 24 hours. The total hours
spent on 10 court appearances on various dates was 20 hours, translating into two hours
for each appearance on the following dates: 20th and 25th January, 2022; 14th March, 2022;
1st, 4th and 29th April, 2022; and 3rd to the 6th May 2022. On each of the court appearances,
you used 60 litres of petrol from your chambers to court and back.

The judgment also awarded you costs to be taxed in default of agreement. You wrote a
letter demanding for costs, after which attempts at settlement failed. You now have
instructions to proceed with taxation of costs. After filing into court, a notice of taxation,
you attempted to serve the same on the Mr. Nkumba at his usual address and you found
he had shifted to an unknown address.
(d) Draft a notice of taxation and a bill of costs which you prepared and filed into
court.

This document is the property of the Zambia Institute of Advanced Legal Education.
 44

(20 Marks)
(e) Draft an Ex-parte Summons for leave to serve the notice of taxation by
substituted service
(8 Marks)
(f) Draft the Supporting Affidavit.
(12 Marks)
40 MARKS

MODEL ANSWER
IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/CRMP/3456
FOR THE LUSAKA DISTRICT
HOLDEN AT LUSAKA
(CIVIL JURISDICTION)
BETWEEN
KEMBO DALITSO PLAINTIFF
AND
ADAM NKUMBA DEFENDANT

NOTICE OF TAXATION

TAKE NOTICE that the taxing master has set the day of 2022, at hours in the
noon as the date for taxation of the plaintiff’s costs.

Dated the day of 2022

This Notice was filed by: ZIALE Chambers

LUSAKA

This document is the property of the Zambia Institute of Advanced Legal Education.
 45

ADVOCATES FOR THE PLAINTIFF

TO: THE DEFENDANT AND HIS ADVOCATES
UNZA Advocates
Chester House, LUSAKA

BILL OF COSTS
Item Date Details Scale Applic Disburse- Amount Taxe
No Head able ments Charged d Off
Sched ZMK
ule
1 /01/22 Taking instructions from client 1 II 350,000
to sue (7 hours)
2 /01/22 Preparation of letter of demand 1 II 250,000
(5 hours)
3 /01/22 Delivering letter of demand to 1 III K21.54 1,507.80
the defendant in Kabulonga (70 per litre
litres)
4 /01/22 Drafting originating process (24 1 II 1,200,000
hours)
5 20/01/22 Court appearance (2 hours) 33 II 100,000
6 20/01/22 Fuel expense to court and from 46 III K21.54 1,292.40
court (60 litres petrol) per litre
7 25/01/22 Court appearance (2 hours) 33 II 100,000
8 25/01/22 Fuel expense to court and from 46 III K21.54 1,292.40
court (60 litres petrol) per litre
9 14/03/22 Court appearance (2 hours) 33 II 100,000
10 14/03/22 Fuel expense to court and from 46 III K21.54 1,292.40
court (60 litres petrol) per litre
11 01/04/22 Court appearance (2 hours) 33 II 100,000

This document is the property of the Zambia Institute of Advanced Legal Education.
 46

12 04/04/22 Fuel expense to court and from 46 III K21.54 1,292.40

court (60 litres petrol) per litre
13 29/04/22 Court appearance (2 hours) 33 II 100,000
14 29/04/22 Fuel expense to court and from 46 III K21.54 1,292.40
court (60 litres petrol) per litre
15 03/05/22 Court appearance (2 hours) 33 II 100,000
16 03/05/22 Fuel expense to court and from 46 III K21.54 1,292.40
court (60 litres petrol) per litre
17 04/05/22 Court appearance (2 hours) 33 II 100,000
18 04/05/22 Fuel expense to court and from 46 III K21.54 1,292.40
court (60 litres petrol) per litre
19 05/05/22 Court appearance (2 hours) 33 II 100,000
20 05/05/22 Fuel expense to court and from 46 III K21.54 1,292.40
court (60 litres petrol) per litre
21 06/05/22 Court appearance (2 hours) 33 II 100,000
22 06/05/22 Fuel expense to court and from 46 III K21.54 1,292.40
court (60 litres petrol) per litre

This document is the property of the Zambia Institute of Advanced Legal Education.
 47

IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/CRMP/3456

FOR THE LUSAKA DISTRICT
HOLDEN AT LUSAKA
(CIVIL JURISDICTION)
BETWEEN
KEMBO DALITSO PLAINTIFF
AND
ADAM NKUMBA DEFENDANT
___________________________________________________________

EX-PARTE SUMMONS FOR LEAVE TO SERVE WRIT BY SUBSTITUTED SERVICE PURSUANT TO

ORDER 7 RULE 5(C) SCR, CHAPTER 28 OF THE LAWS OF ZAMBIA
___________________________________________________________
LET COUNSEL for the Plaintiff attend before the Honourable Magistrate ……………..............................in
Chambers on the…………day of……………....2022 at…………… hours in the………………….noon on the
hearing of an application on the part of the Plaintiff for leave to serve Writ by advertising once in the Times
of Zambia on the grounds set forth in the Affidavit in support herewith.

Dated this day of 2022

__________________

CLERK OF COURT

This summons was drawn by: Messrs ZIALE Chambers

Plot 1

LUSAKA

ADVOCATES FOR THE PLAINTIFF

This document is the property of the Zambia Institute of Advanced Legal Education.
 48

IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/CRMP/3456

FOR THE LUSAKA DISTRICT
HOLDEN AT LUSAKA
(CIVIL JURISDICTION)
BETWEEN
KEMBO DALITSO PLAINTIFF
AND
ADAM NKUMBA DEFENDANT

AFFIDAVIT IN SUPPORT OF EX-PARTE SUMMONS FOR LEAVE TO SERVE WRIT BY SUBSTITUTED

SERVICE

I, KEMBO DALITSO of Plot No. 1811 Itawa in the ndola District of the Copperbelt Province of the Republic
of Zambia do hereby make OATH and SAY as follows:-
1. That my names and address are as stated above.
2. That I am a Zambian by Nationality.
3. That I am the plaintiff herein and by virtue therefore I have authority to swear to this Affidavit from
facts within my personal knowledge.
4. That I got judgment against the Defendant in which I was awarded costs.
6. That I proceeded to issue out a notice of taxation, which I went to serve the same at Plot No. 4437,
Twin Palm Road, Lusaka, being the last known residential address for the defendant.
7. That upon attempting service at Plot No. 4437, Twin Palm Road, Lusaka I discovered that the
Defendant ceased to stay at the said address and that the said Defendant has since relocated to
some unknown address.
8. That the said I have made all reasonable efforts and used all means in my power to serve the
notice of taxation on the Defendant but I have not been able to do so.
9. That in premises, I verily believe that the most effective way of bringing the Writ of Summons to
the attention of the Defendant is by advertising in the Times of Zambia.
10. That I depose to the facts herein as being true and correct to the best of my knowledge and
belief.

This document is the property of the Zambia Institute of Advanced Legal Education.
 49

SWORN by the said KEMBO )

DALITSO at Ndola this ) ………………………………………..
day of 2022 ) DEPONENT

BEFORE ME:…………………………………….
COMMISSIONER FOR OATHS

Examiner’s comment: When a question like this one is posed, the examiner expects you to draft the
documents specified in the question. Do not argue with the question. Simply draft the documents
and pay particular attention the facts. A student is not expected to explain or give in an introduction
to the topic under which the documents fall. Simply draft.

QUESTION TWO
From the facts in question one above, you have just been retained to act for Mr. Nkumba
after he was served with a Bill of Costs through substituted service:
(a) Draft a notice of appointment which you intend to file into court.
(10 Marks)
(b) Draft a notice of objection to the Bill of Costs.
(15 Marks)
(c) State the grounds on which a bill of costs may be objected to.
(5 Marks)
30 MARKS

This document is the property of the Zambia Institute of Advanced Legal Education.
 50

IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/CRMP/3456

FOR THE LUSAKA DISTRICT
HOLDEN AT LUSAKA
(CIVIL JURISDICTION)
BETWEEN
KEMBO DALITSO PLAINTIFF
AND
ADAM NKUMBA DEFENDANT

NOTICE OF APPOINTMENT AS ADVOCATES

TAKE NOTICE that Messrs UNZA Chambers has been appointed as advocates for the plaintiff. The address
for service of court process and correspondence is as indicated below.

Dated the …………day of ………………………………………………….. 2022

Drawn by: ………………………

Messrs UNZA Chambers

LUSAKA.

ADVOCATES FOR THE DEFENCE

TO: THE PLAINTIFF AND HIS ADVOCATE

ZAILE Chambers

This document is the property of the Zambia Institute of Advanced Legal Education.
 51

(B)
IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/CRMP/3456
FOR THE LUSAKA DISTRICT
HOLDEN AT LUSAKA
(CIVIL JURISDICTION)
BETWEEN
KEMBO DALITSO PLAINTIFF
AND
ADAM NKUMBA DEFENDANT

NOTICE OF OBJECTION TO A BILL OF COSTS

Item No Date Objection

1 /01/22 The defendant objects to item one on the grounds that the time alleged
to have been taken by counsel to receive instructions is unreasonably
high. The defendant counter-proposes 60 minutes and a charge of K
50,000
2 /01/22 The defendant objects to item two on the grounds that the time alleged
to have been taken by counsel to draft a letter of demand is
unreasonably high. The defendant counter-proposes 60 minutes and a
charge of K 50,000
3 /01/22 The defendant objects to item three on the grounds that the fuel used is
unreasonably high. The defendant counter-proposes 10 litres and a
charge of K 215.40
4 /01/22 The defendant objects to item four on the grounds that the time alleged
to have been taken by counsel to draft originating process is
unreasonably high. The defendant counter-proposes 2 hours and a
charge of K 100,000

This document is the property of the Zambia Institute of Advanced Legal Education.
 52

6 20/01/22 The defendant objects to item six on the grounds that the fuel used is
unreasonably high. The defendant counter-proposes 10 litres and a
charge of K 215.40
8 25/03/22 The defendant objects to item eight on the grounds that the fuel used is
unreasonably high. The defendant counter-proposes 10 litres and a
charge of K 215.40
10 14/03/22 The defendant objects to item three on the grounds that the fuel used is
unreasonably high. The defendant counter-proposes 10 litres and a
charge of K 215.40
12 04/04/22 The defendant objects to item three on the grounds that the fuel used is
unreasonably high. The defendant counter-proposes 10 litres and a
charge of K 215.40
14 29/04/33 The defendant objects to item three on the grounds that the fuel used is
unreasonably high. The defendant counter-proposes 10 litres and a
charge of K 215.40
16 03/05/22 The defendant objects to item three on the grounds that the fuel used is
unreasonably high. The defendant counter-proposes 10 litres and a
charge of K 215.40
18 04/05/22 The defendant objects to item three on the grounds that the fuel used is
unreasonably high. The defendant counter-proposes 10 litres and a
charge of K 215.40
20 05/05/22 The defendant objects to item three on the grounds that the fuel used is
unreasonably high. The defendant counter-proposes 10 litres and a
charge of K 215.40
22 06/05/22 The defendant objects to item three on the grounds that the fuel used is
unreasonably high. The defendant counter-proposes 10 litres and a
charge of K 215.40

(C)

❖ The times taken for a task are unreasonable;

❖ Proper scales and heads are not used from the SI and that charging for an item is not allowed
within the law;
❖ That a particular task was not reasonably necessary for the action;
❖ Proper fees rates are not used and
❖ Calculations are correct.

Examiner’s comment: When a question like this one is posed, the examiner expects you to draft the
documents specified in the question. Do not argue with the question. Simply draft the documents

This document is the property of the Zambia Institute of Advanced Legal Education.
 53

and pay particular attention the facts. A student is not expected to explain or give in an introduction
to the topic under which the documents fall. Simply draft. In part (c) of the question, the student was
simply expected to state the grounds.

QUESTION THREE
On the 12th August, 2021 Hangala Hachangu, a resident of Kanya Township of Siavonga
District of the Southern Province, was approached by the Branch Manager for Zambia
National Commercial Bank Plc., Siavonga Branch, who requested her to supply 50
kilograms of Kariba bream valued at K5, 000.00 to the Bank’s staff canteen on a weekly
basis. Upon Hangala accepting the offer, the Branch Manager proceeded to advise
Zambia National Commercial Bank Plc. Head Office located on Plot No. 400, Cairo Road,
Lusaka to instruct its Lawyers to draft a contract of sale which was later forwarded to the
Branch Manager for execution by Hangala Hachangu. After appending her signature on
the Contract of Sale in the presence of her husband, one Peter Mulenga, she handed back
the contract of sale to the Branch Manager who subsequently forwarded the same to the
Head Office for execution by the Managing Director.

By clause 7 of the Contract of Sale, Hangala Hachangu undertook to supply 50 kilograms

of Kariba bream to the Bank’s staff canteen located in Siavonga on a weekly basis for a
period of one year with effect from 1st January, 2021. By clause 10 of the said Contract of
Sale the Bank covenanted to pay Hangala Hachangu the sum of K20,000.00 at the end of
each month. Pursuant to the said agreement, she supplied the Bank 200 kilograms of
Kariba bream during the month of January, 2021 and was duly paid the purchase price
on 31st January, 2021 by way of Bank transfer. Between 1st February, 2021 and 30th April,
2021 Hangala Hachangu supplied the Bank 600 kilograms of Kariba bream worth K60,
000.00 in compliance with clause 7 of the Contract of Sale.

This document is the property of the Zambia Institute of Advanced Legal Education.
 54

In breach of the express term of the written agreement, the Bank failed to honour its part
of the bargain. She retains your firm with instructions to sue Zambia National
Commercial Bank.
(a) Draft an indorsement to the Default Writ of Summons which you intend to file
into court.
(10 Marks)
(b) Draft the Affidavit Verifying Debt.
(20 Marks)
30 MARKS

Endorsement on Default writ of Summons

THE PLAINTIFF CLAIMS THE SUM OF: K60, 000.00 being payment for 600 Kilograms of fish supplied to
the Defendant by the Plaintiff together with interest at the commercial bank lending rate until full payment
and costs.

Particulars Sum claimed K 60, 000.00

Costs: Court fees K 55.00

Solicitors costs K 3,000.00

Service fee K 20.00

Mileage K 800.00

-----------------

Total K 63, 875.00

==========

(B)

IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/ CRMP/……..

This document is the property of the Zambia Institute of Advanced Legal Education.
 55

FOR THE SIAVONGA DISTRICT

HOLDEN AT SIAVONGA

(Civil Jurisdiction)

BETWEEN:

HANGALA HACHANGU PLAINTIFF

AND

ZAMBIA NATIONAL COMMERCIAL BANK PLC DEFENDANT

AFFIDAVIT VERIFYING DEBT

I, HANGALA HACHANGU of Plot No. 22 Kanya Compound in the Siavonga District

of Southern Province of the Republic of Zambia do hereby MAKE OATH and say
as follows:-

1. That my full names and address are as stated above.

2. That I am a Zambian National.
3. That I am the plaintiff herein and by reason thereof I am competent to swear to this Affidavit from
facts within my personal knowledge and belief.
4. That on 12th December, 2020 I was approached by the Branch Manager for Zambia National
Commercial Bank Plc, Siavonga Branch who requested me to supply 50 kilograms of Kariba bream
valued at K5, 000.00 to the Bank’s staff canteen on a weekly basis.
5. That I accepted the offer, following which the defendant proceeded to prepare a written contract of
sale which the defendant and I signed. There is now produced and marked “HH1” a copy of the said
contract.

This document is the property of the Zambia Institute of Advanced Legal Education.
 56

6. That according to clause 7 of the contract of sale, I undertook to supply 50 kilograms of Kariba bream
to the defendant’s staff canteen located in Siavonga on a weekly basis for a period of one year with
effect from 1st January, 2021.
7. That according to clause 10 of the said contract of sale the defendant covenanted to pay me the sum
of K20,000.00 at the end of each month.
8. That pursuant to the said agreement, I supplied the defendant 200 kilograms of Kariba bream during
the month of January, 2021 and I was duly paid the purchase price on 31st January, 2021 by way of
a Bank transfer. There is now produced and marked exhibit “HH2” a copy of the said Bank Transfer
document.
9. That between 1st February, 2021 and 30th April, 2021 I supplied the defendant 600 kilograms of
Kariba bream worth K60, 000.00 in compliance with clause 7 of the contract of sale. There is now
produced and maked “HH3” a copy of the delivery note and invoice.
10. That I have demanded for the payment of the money owed to me by the defendant on several
occasions.
11. That the defendant has failed, refused and/or neglected to pay me K60, 000.00 being a debt owed
to me for the Kariba breams I supplied to the defendant.
12. That I verily believe that the Defendant has no defence to my claim.
13. That I depose to the fact herein as being true and correct to the best of my knowledge and belief.

SWORN by the said HANGALA )

HACHUNGA at Siavonga this………)………………………….
day of………………….2022 )

BEFORE ME:…………………………………
COMMISSIONER OF OATHS

IN THE SUBORDINATE COURT OF THE FIRST CLASS 2022/ CRMP/……..

FOR THE SIAVONGA DISTRICT

HOLDEN AT SIAVONGA

This document is the property of the Zambia Institute of Advanced Legal Education.
 57

(Civil Jurisdiction)

BETWEEN:

HANGALA HACHANGU PLAINTIFF

AND

ZAMBIA NATIONAL COMMERCIAL BANK PLC DEFENDANT

CERTIFICATE OF EXIHIBITS

I certify that these are the exhibits referred to in the affidavit of one HANGALA HACHANGU marked
exhibits “HH1”, “HH2”and “HH3”.

Dated the ………………………………. Day of …………………………………………2022

_______________________________

COMMISSIONER FOR OATHS

Examiner’s comment:

QUESTION FOUR
Explain the following:
f) Writ of fieri facias;
(10 Marks)

This document is the property of the Zambia Institute of Advanced Legal Education.
 58

g) Interpleader summons; and

(10 Marks)
h) Garnishee proceedings.
(10 Marks)
30 MARKS

MODEL ANSWER

WRIT OF FIERI FACIAS

Judgment for recovery of money is enforced by way of Writ fieri facias (writ of fifa). This is prepared by a
successful party and is directed to the Sheriff of Zambia or the Undersheriff. It is executed by Court bailiffs.
The writ of fifa is endorsed with the judgment sum and the fluctuating rate of interest and is endorsed with
the defendant’s address at which the writ is supposed to be executed. If the writ of fifa is endorsed with an
amount which is higher than the judgment sum, it will be deemed to be irregular and is bound to be set aside
for irregularity.

Order 41/1 provides for a statutory grace period of three days before any writ of execution can be issued. In
terms of Order 41/5, all moveable personal property belonging to the judgment debtor is liable to seizure in
the exception of the judgment debtor and his family members’ clothes, beddings, tools and implements of
trade. Anything else is liable to seizure including property which is held in trust.
When court bailiffs are executing a writ of fifa, they are obliged to issue a seizure form where they list down
the goods that have been seized. Goods which have been taken in execution by court bailiffs shall not be
sold until after five days have elapsed from the date of seizure. Any sale that is conducted before the expiry
of five days shall be deemed irregular and set aside by the court. The only exception to the statutory period
of five days before sale is where the goods are perishable in nature. These are supposed to be auctioned
immediately. Before any sale can take place, the law provides that the goods must be advertised at least
once in a newspaper, circulating in the district where the sale is to be held. In districts which do not receive
newspapers, goods that are intended for sale are advertised by notice of public sale issued by the under
sheriff and placed in public places such as courts. The notice is simply to invite the public to attend the
auction.

This document is the property of the Zambia Institute of Advanced Legal Education.
 59

Any property that is earmarked for sale pursuant to a writ of fifa shall be sold publicly to the highest bidder.
The bailiff charged with the responsibility of executing a writ of fifa is entitled to charge commission which are
sometimes referred to as sheriff’s fees to be paid by the judgment debtor. If the judgment debtor pays the
amount endorsed on the writ of fifa before his goods are advertised for sale by the sheriff or undersheriff, the
commission payable shall not exceed 2.5% of the judgment debt. If the debtor pays the debt after the goods
have been advertised, the commission payable to the bailiff shall not exceed 7.5% and the cost of advertising
shall also be paid by the judgment debtor. Currently, the sheriff’s fees are government revenue. Where an
auction has been conducted by the sheriff or undersheriff, the commission payable to the bailiff shall not
exceed 15% of the amount realized from sale of the goods.

(B)

INTERPLEADER SUMMONS
Where a Writ of Fifa has been issued against the judgement debtor and in enforcing the Fifa the bailiffs seize
property from someone who is not a party to the proceedings, the owner of the goods is at liberty to issue a
notice of claim taken in execution. This is done under Order 41 Rule 53 of the Subordinate Court Rules

The notice shall be served on the sheriff or undersheriff. In the notice of claim, the claimant shall give
particulars of the property which are subject of the notice of claim. In the case of a motor vehicle there should
be a brief description of the motor vehicle (i.e., Toyota corolla) and the registration number.

Upon receipt of the notice of claim, the sheriff or the undersheriff shall forward the same to the judgement
creditor who issued the Fifa. The notice of claim shall be accompanied by documents of ownership such as
receipts or white book.

The Judgment creditor can admit or dispute the claim. Where the Judgement creditor admits the claim by the
claimant, the property shall be released to the claimant forthwith. However, where the claim is disputed for
whatever reason the Sheriff or undersheriff shall prepare interpleader summons under Order 41 Rule 56 of
the Subordinate Court Rules which shall be supported by an affidavit by the sheriff and in the supporting
affidavit, the sheriff or undersheriff shall make mention of the fact that on a particular date, certain goods
were seized from the judgement debtor’s premises. He shall further state in the affidavit that the goods have
since been claimed by the claimant. Lastly, the sheriff or undersheriff shall state that he does not in any

This document is the property of the Zambia Institute of Advanced Legal Education.
 60

manner collude with either of the parties namely the claimant and the judgement creditor and that he is willing
to dispose of or surrender the property in such manner as the court directs.

In order to resolve this dispute, he moves the court by interpleader summons. Parties are:

- Plaintiff

- Defendant; and

- Claimant

Where the court dismisses the interpleader summons it will direct that the sale of the seized property must
proceed. On the other hand, if the court decides in favour of claimant the goods shall immediately be released
to the claimant.

(C)

GARNISHEE PROCEEDINGS

This is provided for in Order 41 Rule 38 TO 43 Subordinate Court Act. A Garnishee Order enables a
judgement creditor to obtain money from a third party who is indebted to the judgement debtor.

These proceedings are instituted where the Plaintiff has obtained a Judgment for recovery or payment of
money against the Defendant and the Garnishee proceedings shall be issued in a situation where the
Defendant is owed money by a Third Party referred to as a garnishee.

Where the Judgment creditor has reliable information that the Third Party is indebted to the Defendant, the
Plaintiff shall apply by Ex-parte Summons for a garnishee Order Nisi under Order 41 Rule 38 of the
Subordinate Court Rules to call upon the garnishee to show cause why he should not be compelled to pay
the money that such garnishee holds on behalf of the Judgment debtor to the Plaintiff for purposes of
satisfying the Judgment debt.

Upon obtaining a Garnishee Order Nisi, the Plaintiff shall cause the same to be served on the garnishee
together with the Summons and Supporting Affidavit. The return date shall be endorsed on the order and

This document is the property of the Zambia Institute of Advanced Legal Education.
 61

upon receipt of the order by the garnishee, any monies held by the garnishee on behalf of the defendant
shall immediately be attached pending determination of Summons for Garnishee Order Absolute.

A garnishee who has been served with the garnishee order nisi and other accompanying court process, is at
liberty to file an Affidavit in Opposition where the creditor-debtor relationship between the defendant and
garnishee is disputed. If the application by the plaintiff against the garnishee for a garnishee order absolute
is not disputed, the Court shall proceed to make a Garnishee Order Absolute compelling the garnishee to
pay any monies which is due to the Defendant directly to the Plaintiff. Before the return date of the inter-
parte hearing of the garnishee proceedings, the garnishee may proceed to pay into Court the amount which
he admits to be owing to the Defendant from the garnishee.

The garnishee is different from a Fifa in that you are targeting a third party who is not a party to the
proceedings but is indebted to the Defendant. The judgment may not be satisfied in full, it will depend on
how much the garnishee is holding on behalf of the Defendant. Once the garnishee order absolute has been
granted it is as good as a Fifa and can be executed by sending Bailiffs to enforce it where the garnishee fails
to pay.

Examiner’s comment: The student was expected to demonstrate clear understanding of the ways of
enforcing judgment of the court.

QUESTION FIVE

This document is the property of the Zambia Institute of Advanced Legal Education.
 62

(l) What is a writ of elegit?

(5 Marks)
(m) Who appoints Magistrates? (with the aid of authorities)
(5 Marks)
(n) Explain, with the aid of authorities, how service of process is effected on a
limited company and a government employee.
(10 Marks)
(o) Briefly explain the procedure for trial from the plaintiff’s case to judgment.
(10 Marks)
30 MARKS

MODEL ANSWER

(A)
Writ of elegit
A process by which a judgment creditor may attempt to recover Judgment debts where a Writ of Fifa has not
been successful on grounds that the Judgment debtor has no moveable property which may be seized for
purposes of satisfying the Judgment but such Judgment debtor is in possession of immoveable property.

Where the Judgment debtor is in possession of land or immoveable property, the Judgment creditor may
apply for leave to issue a Writ of Elegit for the purposes of enforcing the Judgment of the court. The Writ of
Elegit is addressed to the Sheriff of Zambia and upon receipt of the same, the sheriff shall proceed to the
premises of the Judgment debtor where they will execute the writ by seizure of the premises.

After seizing the premises, they will hand over the same to the Judgment creditor who will in turn place it on
rent and the rentals realized therefore shall be applied towards the Judgment sum and as soon as the
Judgment sum has been liquidated from the rentals, the property shall be handed back to the debtor.

This document is the property of the Zambia Institute of Advanced Legal Education.
 63

(B)

All Magistrates are appointed by the Judicial Service Commission on acting on behalf of the Republican
President pursuant to the powers conferred on the Judicial Service Commission by Section 5 of the
Subordinate Court Act, Chapter 28 of the laws of Zambia. (5 Marks)

(C)

Limited Company
Service of court process on limited liability companies is governed by the 34 (1) OF The Companies Act No.
10 OF 2017 and Order 7 of the Subordinate Court Rules.

Service is effected by delivering court process to the registered office of the company and in order to establish
where the registered office is located you need to conduct a search at PACRA where all particulars of
companies are registered.

Once you have established the location of the company you then proceed to the registered office where the
document will be served either leaving it at the registered office or by serving it on the director or on any
person serving as company secretary.

It is not permissible to serve court process on the branch office of the defendant company and any service
that is served at any place other than the registered office shall be set aside for irregularity.

Government Employee

In terms of Order 7 Rule 8 of the Subordinate Court Rules, service of process on a government employee
is done by serving the document on the head of a government department in which the defendant is employed
or works and it shall be the responsibility of the head of that department to serve the document on the
government employee.

(D)

This document is the property of the Zambia Institute of Advanced Legal Education.
 64

At trial, the plaintiff is the one who opens his or her case first. He or she will lead evidence in chief. At the
end of the plaintiff’s evidence, the defendant will be given time to cross examine the plaintiff. After cross
examination, the plaintiff will be re- examined. After re- examination, the plaintiff will call the other witnesses
lined up for his or her case. The witnesses called by the plaintiff will be subjected to the same procedure of
examination in chief, cross examination and re-examination mentioned above. After calling the witnesses the
plaintiff intended to call, he or she then closes the case for the plaintiff.

The defendant will then proceed to open their case. The defendant will give evidence in chief, after which he
or she will be cross examined by the plaintiff. At the end of cross examination, the defendant will be re-
examined. Then the defendant will proceed to call any other witnesses lined up for his or her case. The
witnesses called by the defendant will equally be subjected to the same procedure of examination in chief,
cross examination and re-examination mentioned above. At the end of the last witness, the defendant will
close its case.

The court will then ask if the parties wish to make submissions. If the parties do wish to do so, the court will
give timelines for doing so, after which it will adjourn the case for judgment.

Examiner’s comment: Students are expected to pay attention to the question. If the question requires
you to list, simply list and not start providing explanations. There is no need to write introductions to
the questions. Simply answer the question.

This document is the property of the Zambia Institute of Advanced Legal Education.