Automated Summary
Key Facts
Infinity Group Zambia Limited and AL Adwia Pharma LCC (appellants) failed to file a Record of Appeal within 60 days of their March 21, 2023 notice of appeal. The respondent, Sanmukh Ramanlala Patel, applied on May 30, 2023, to dismiss the appeal for want of prosecution under Court of Appeal Rules Order 10 Rule 7. The court denied the appellants' adjournment request and dismissed the appeal due to inactivity since March 2023, citing no attempt to seek extensions or file required documents.
Issues
The court considered whether the Appellants' failure to file a Record of Appeal within 60 days of the Notice of Appeal, without seeking an extension, justified dismissing the appeal for want of prosecution under Order 10 Rule 7 of the Court of Appeal Rules. The Appellants did not take any steps to prosecute the appeal, resulting in the dismissal.
Holdings
The Court of Appeal dismissed the appellants' appeal for want of prosecution. The court found that the appellants failed to file the Record of Appeal within the 60-day period mandated by Order X Rule 6(a) of the Court of Appeal Rules after filing their Notice of Appeal on 21 March 2023. They also did not apply for an extension of time or demonstrate intent to prosecute the appeal, as evidenced by their lack of response to the dismissal application. The ruling cited Order 10 Rule 7 of the Court of Appeal Rules and the precedent in Nahar Investment Limited v Grindlays Bank International (Zambia) Limited, emphasizing that delays without justification lead to dismissal.
Remedies
- The appeal was dismissed for want of prosecution as the Appellants failed to file the required Record of Appeal and Heads of Argument within the stipulated 60-day period. The Appellants also did not apply for an extension of time or file an opposing affidavit.
- The Respondent was awarded costs, which are to be agreed by the parties or taxed if no agreement is reached.
Legal Principles
The Court of Appeal applied Order X Rule 6(a) and Order 10 Rule 7 of the Court of Appeal Rules, which mandate that a Record of Appeal must be filed within 60 days of the Notice of Appeal and permit dismissal for non-compliance. The court also referenced Nahar Investment Limited v Grindlays Bank, emphasizing that appellants who delay filing extensions risk dismissal for want of prosecution.
Precedent Name
Nahar Investment Limited v Grindlays Bank International (Zambia) Limited
Cited Statute
Court of Appeal Rules (Statutory Instrument No. 65 of 2016)
Judge Name
N.A. Sharpe-Phiri
Passage Text
- 1. Appellants who sit back until there is an application to dismiss their appeal before making their own application for extension of time do so at their own peril.
- The Supreme Court has asserted, Appellants who sit back without taking steps to prosecute their appeal, do so at their own risk. As the Appellants have not taken any steps in this matter since March 2023, it is evident that they have no serious desire to have the appeal heard.
- Order X Rule 6(a) and Rule 7 of the Court of Appeal Rules are unambiguous. They set out the implication of not lodging a Record of Appeal within the stipulated time. If an appeal is not lodged within a 60 day period of filing a notice of appeal, a party may apply to dismiss the appeal.