Â Â Â Dated this ........................................................... day of Â Â Â 19 ....... NOTICE BY TENANT OF BUSINESS PREMISES REQUIRING INFORMATION FROM 11.3 Are there any areas of law in your jurisdiction that cannot use Arbitration/Mediation/Expert Determination/Tribunals/Ombudsman as a means of alternative dispute resolution? In the case of Musakanya V Attorney-General (S.C.Z. The expert witness must either observe the facts on which his opinion is based, or he must make a hypothesis. Arbitration awards in Zambia are conclusive and final, and thus a party cannot appeal against an arbitration award. 11.Â (1)Â The grounds on which a landlord may oppose an application under subsection (1) of section four are such of the following grounds as may be stated in the landlord's notice under section five or, as the case may be, under subsection (6) of section six, that is to say: Opposition by landlord to application for new tenancy. It is worth noting that administratively, the High Court has been segmented into specialised Jurisdictions, i.e. The rules of who has custody, contemporaneity, authorship and originality of the evidence to be admitted are among the various factors the court will consider before admitting any evidence. (b) by the addition at the end of section 22 of the following subsection: (2) In the case of actions for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person-, (a) the preceding provisions of this section shall have effect as if for the words “six years” there were substituted the words “three years”; and. form 50 . As earlier stated, costs follow the event and are usually given to the successful party at the end of the litigation. the Registrar shall have power to make an order giving effect to the agreement. In Zambia, the main institute that deals with alternative dispute resolution is the CIArbZB. 18 OF 1981)  ZMSC 15, Silungwe CJ held as follows: “Although in my judgment the appellant should lose this appeal, I would not condemn him in costs because he has raised a constitutional point of public importance, concerning interpretation of Art. The rules that apply to filing and preparing a writ or originating motion are found under Orders 5 and 27 of the County Court Civil Procedure Rules 2018. ), Chapter 72, Volume 6 of the Laws of Zambia. The test established is that the proponent must present proof that the article is what the proponent claims it to be. The judge then issues and monitors the agreed schedule by way of order for directions. (4)Â A tenant's request for a new tenancy shall not be made if the landlord has already given notice under section five to terminate the current tenancy, or if the tenant has already given notice to quit or notice under section eight; and no such notice shall be given by the landlord or the tenant after the making by the tenant of a request for a new tenancy. 4.4 What happens if the defendant does not defend the claim? 3.Â Â Â An application made to the court under the Act shall be commenced by an originating notice of motion. An originating motion is used only when it is specifically required by law. In the case of Horsham District Council and Another, Ex. Writ of Summons (Order 6 of the Rules of Court) A Writ of Summons is a formal document addressed to the defendant requiring him to enter an appearance if he wishes to dispute the plaintiff’s claim. 19.Â (1)Â Where, on the making of an application under section four, the court is precluded (whether by subsection (1) or (2) of section twelve) from making an order for the grant of a new tenancy by reason of any of the grounds specified in paragraphs (e), (f) and (g) of subsection (1) of section eleven and not of any grounds specified in any other paragraph of that subsection (or where no other ground is specified in the landlord's notice under section five or, as the case may be, under subsection (6) of section six, than those specified in the said paragraphs (e), (f) and (g), and either no application under the said section four is made or such an application is withdrawn), then, subject to the provisions of this Act, the tenant shall be entitled on quitting the holding to recover from his landlord by way of compensation such amount as may be determined by the court. 7.3 What are the rules in your jurisdiction with respect to disclosure by third parties? 8.Â Â Â An application by a landlord under section seven of the Act to the court to determine the rent which it would be reasonable for the tenant to pay while the tenancy continues by virtue of section four of the Act shall be supported by affidavit. 2.1 Is there any particular formality with which you must comply before you initiate proceedings? This is predominantly in cases of Judicial Review, where a party seeks to issue court process as a defendant who resides outside the jurisdiction and against companies that are subject to winding-up proceedings. (a)Â Â Â Â Â Â Â the name and address of the person who is your mortgagor's immediate landlord in respect of the premises or of the part of which your mortgagor is not the owner of the fee simple; (b)Â Â Â Â Â Â Â what is the term of your mortgagor's tenancy; and. In order to service the foreign court process, Order X Rule 23 provides that the English court should author a letter of request for service which will then be transmitted to the Minister of Foreign Affairs in Zambia, and if the Minister finds the letter of request desirable, it shall be transmitted to the High Court for Zambia by the Permanent Secretary in the Ministry of Foreign Affairs. (4)Â After determination of the rent under subsection (1), if any person or landlord makes a demand or accepts rent in excess of the rent so determined, he shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand penalty units to imprisonment for a term not exceeding six months, or to both. At the hearing below in the *Supreme Court/Court of Appeal, the [name of party] will apply for With respect to filing a defence, this is dependent on the distance between the High Court registry and the physical address of the plaintiff. 2.2 What limitation periods apply to different classes of claim for the bringing of proceedings before your civil courts? (c)Â Â Â Â Â Â Â the availability or otherwise of premises similar in all material respects to the premises in respect of which the court was precluded from making the order for the grant of a new tenancy; but, in no case, shall the amount of such compensation exceed a sum equivalent to three times the annual rent payable by the tenant in the last year of his tenancy. (3)Â Notwithstanding anything in subsection (1)-. With respect to tortious liability (for conversion and misfeasance in public office), the limitation period is six (6) years. In the circumstances, I would order that each party bears his own costs.”. "business" means a trade, an industry, a profession or an employment, and includes any activity carried on by a body of persons, whether corporate or unincorporate, but does not include farming on land; (a)Â Â Â Â Â Â Â in relation to any premises the annual rent of which exceeds three thousand six hundred kwacha, the High Court; and. 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