INTRODUCTION  

The legal system in Zambia has improved and sometimes said to be dynamic. It is important for student lawyers to have adequate knowledge of the court system in Zambia.  This module therefore is to enlighten learners and give them a better understanding on the flow of civil disputes that can be commenced before the courts in Zambia. It explains the Court system and jurisdictions enjoyed by the Adjudicators and courts. The module shows and guides on the manner, and what should be filed for the courts to hear a dispute all the way to Judgment. A further analysis of expectations by litigants after judgments in terms of orders is analysed for learners to know the differences.

The module equally looks at the topical issue in the Zambian Court system which learners have to know about, that is, the power of Contempt by adjudicators. Learners have the opportunity to stay abreast with different types of contempt, and how the same are invoked by adjudicators.

OBJECTIVES

The objectives of this module are:

• To explain the court structure in civil matters in Zambia
• To highlight the jurisdiction of the Zambian courts in civil matters
• To explain how civil matters are commenced in the Zambian courts
• To explain the operation of the rules on service of documents in civil matters
• To explain the rules on payment of fees in court
• To explain the rules relating to trial proceedings in civil matters
• To explain the rules relating to production of materials before the court in civil matters
• To explain the different types of remedies available in civil matters
• To explain the commencement procedure and process of hearing election petitions
• To explain the rules regulating the admission of evidence in civil matters
• To explain what contempt is and the different types there are.

LEARNING OUTCOMES

At the end of this module you will be able to:

• Understand and know how the court system in Zambia is
• To know and explain the jurisdiction of the Zambia courts in civil claims
• Know and explain how matters are commenced in the Zambian courts
• Know and explain the rules guiding service of documents in civil litigation
• Know and explain the rules of payment of fees into court
• Know and explain the rules relating to trial proceedings in civil matters
• Know and explain the rules on production of materials before court in civil matters
• Know and explain the different types of remedies available in civil matters
• Know and explain how election petitions are commenced, rules on admission of evidence in civil matters and;
• Know and explain what contempt is and the different types of contempt.    

 UNIT 1 – CIVIL COURTS IN ZAMBIA

UNIT 2 – JURISDICTION IN CIVIL CLAIMS

UNIT 3 – COMMENCEMENT OF ACTIONS

UNIT 4 – THE RETURN DAY

UNIT 5 – SERVICE, PROOF OF SERVICE AND AFTER SERVICE

UNIT 6 – FAILURE TO SERVE DUE TO VIOLENT ALTERCATIONS

UNIT 7 – ADMISSIONS

UNIT 8 – DEFENCE OF TENDER AND PAYMENT INTO COURT

UNIT 9 – HEARING/ TRIAL

UNIT 10 – PRODUCTION OF DOCUMENTS

UNIT 11 – CIVIL REMEDIES

UNIT 12 – ELECTION PETITIONS, JURISDICTON OF COURTS AND RELIEFS.

UNIT 13 – EVIDENCE IN CIVIL PROCEDURE

UNIT 14 – CONTEMPT OF COURT

 

RECOMMENDED READING

Matibini Patrick (2017) Civil Procedure; Commentary and Cases Vol 1& 2 LexisNexis

White Book (1965) 1999 Edition

Swarbrick Eric. J (1993) Magistrate Handbook. 6^th Edition. Republic of Zambia.

ACTS OF PARLIAMENT

High Court Act Chapter 27 of the Laws of Zambia

Subordinate Court Act 28 of the Laws of Zambia

Constitution of Zambia Act No. 2 of 2016 of the Laws of Zambia.

Electoral Process Act No. 35 of 2016 of the Laws of Zambia

Judiciary Administration Act No. 23 of the Laws of Zambia