CHAPTER 29 - LOCAL COURTS ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Local Courts (Jurisdiction) Order
Local Courts (Administration of Estates) Rules
LOCAL COURTS (JURISDICTION) ORDER
[Section 13]
Arrangement of Paragraphs
Paragraph
1. Title
2. Enforcement of specified laws
[Order by the Minister]
SI 353 of 1966,
SI 422 of 1966,
SI 378 of 1967,
SI 22 of 1972,
SI 95 of 1976.
This Order may be cited as the Local Courts (Jurisdiction) Order.
2. Enforcement of specified laws
Subject to the provisions of the Act, all local courts shall have jurisdiction to administer the provisions of—
(a) the written laws specified in the Schedule to the extent indicated in the second column thereof; and
(b) any statutory instrument made and in force under the provisions of any written law which such courts have jurisdiction to administer.
[Paragraph 2]
SPECIFIED LAWS
Written law
Provisions which local courts have jurisdiction to administer
The Brands Act (Chapter 244)
. . . . . . . .
All provisions
The Zambia National Broadcasting Act (Chapter 154)
. . . . . . . .
Section 14(1)
The Cattle Cleansing Act (Chapter 248)
. . . . . .
All provisions
The Control of Dogs Act (Chapter 247)
. . . . . .
All provisions
The Cotton Act (Chapter 277)
. . . . . . . .
All provisions
The Education Act (Chapter 134)
. . . . . . . .
All provisions
The Firearms Act (Chapter 110)
. . . . . . . .
All provisions
The Fisheries Act (Chapter 200)
. . . . . . . .
All provisions
The Forests Act (Chapter 199)
. . . . . . . .
All provisions
The Local Courts Act (Chapter 29)
. . . . . . . .
All provisions
The Markets Act (Chapter 290)
. . . . . . . .
All provisions
The Penal Code (Chapter 87)
. . . . . . . .
Sections 41, 88, 102, 103, 118, 119, 120, 121, 178, 179, 180, 181, 182, 210, 211, 212, 213, 214, 227, 247, 248, 250, 260, 272, 276, 277, 278, 281, 286, 293, 301, 302, 304, 305, 306, 311, 315, 318, 320, 330, 334, 335 (1), 378, 380, 381, 382, 383, 389 and 390
The Personal Levy Act (Chapter 329)
. . . . . .
All provisions
The Prevention of Cruelty to Animals Act (Chapter 245)
. . . . . .
All provisions
The Public Pounds and Trespass Act (Chapter 253)
. . . . . .. .
All provisions
The Public Order Act (Chapter 113)
. . . . . .
Sections 6, 7, 10, 11 and 15 (2)
The Roads and Road Traffic Act (Chapter 464)
. . . . . .
All provisions relating to offences other than-
(a) those by persons responsible for motor vehicles and trailers and their servants or agents;
(b) those relating to driving licenses.
The Societies Act (Chapter 119)
. . . . . . . .
All provisions
The Stock Diseases Act (Chapter 252)
..... . . . . .
All provisions
The Traditional Beer Act (Chapter 168)
. . . . . .
All provisions
The Tsetse Control Act (Chapter 249)
. . . . . .
All provisions
The Witchcraft Act (Chapter 90)
. . . . . . . .
All provisions
The Registration and Development of Villages Act (Chapter 289)
. . . . . . . .
All provisions
[Am by SI 422 of 1966, 378 of 1967, 22 of 1972, 95 of 1976.]
[Section 68]
Arrangement of Rules
Rule
PART I
PRELIMINARY
1. Title
2. Procedure
PART II
GRADES OF COURTS
3. Grades
4. Jurisdiction of grades
PART III
RECORDS, RETURNS AND FORMS
5. Records and returns
6. Prescribed forms
7. Custody of records and property
PART IV
FEES AND REVENUE
8. Prescribed fees
9. Liability for fees
10. Receipts and repayments
11. Disposal of court revenue
PART V
COMMITTAL TO PRISON
12. Committal to prison
13. Confirmation of sentence of imprisonment
PART VI
CORPORAL PUNISHMENT
14. Confirmation of sentence of corporal punishment
15. Place of administration of corporal punishment
16. Caning of physically unfit person
17. Administration of corporal punishment
18. Substitution of other penalty for physically unfit person
PART VII
SERVICE OF PROCESS
19. Preparation and service of summons
20. Service by other methods
21. Execution of process
22. Affidavits of service
23. Date for hearing
PART VIII
APPEALS
24. Notifying rights of appeal
25. Notice of appeal
26. Convicted person in prison
27. Procedure on appeal
28. Obsolete
PART IX
MISCELLANEOUS PROVISIONS
29. Arrests without warrant
30. Enhancing or varying decisions in criminal cases
31. Allowances and expenses payable to witnesses and assessors
32. Cases transferred
[Rules by the Chief Justice]
Act 8 of 1991,
Act 13 of 1994,
SI 293 of 1966,
SI 40 of 1969,
SI 97 of 1986,
SI 170 of 1990,
SI 4 of 1992,
SI 13 of 1994,
SI 46 of 1995,
SI 85 of 1997,
SI 7 of 2001.
PART I
PRELIMINARY
These Rules may be cited as the Local Courts Rules.
The practice and procedure of local courts shall be regulated in accordance with these Rules, and in default thereof, in substantial conformity with the law and practice for the time being observed in a subordinate Court.
PART II
GRADES OF COURTS
There shall be two grades of local courts for purposes of jurisdiction entitled Grade A and Grade B and the court warrant of every local court shall specify to which of the said grades such court belongs.
Local courts of either grade shall have the jurisdiction conferred on local courts by the Act, to the extent permitted to each respective grade by the following limitations, and by any limitations imposed under the Act:
(a) in the exercise of jurisdiction under sections 8 and 35 of the Act—
(i) no local court of either grade shall determine any matrimonial or inheritance claim which is not based on African customary law; and
(ii) no local court of either grade shall determine any civil claim, other than a matrimonial or inheritance claim based upon African customary law, which is greater in value than the amount set out hereunder for the grade to which such court belongs:
Grade A
. . . .
16,667 fee units
Grade B
. . . .
13,889 fee units
[Rule 4(a)(ii) am by rule 2(i) of SI 7 of 2001.]
(b) in the exercise of jurisdiction under sections 9 and 39 of the Act—
(i) no local court of either grade shall impose a fine exceeding the amount set out hereunder for the grade to which such court belongs:
Grade A
. . . .
417 penalty units
Grade B
. . . .
209 penalty units
[Rule 4(b)(i) am by rule 2(ii) of SI 7 of 2001.]
(ii) no local court of either grade shall order infliction of a term of imprisonment or period of probation exceeding the period set out hereunder for the grade to which such court belongs:
Grade A
. . . .
2 years
Grade B
. . . .
18 months;
(iii) no local court of either grade shall order the infliction of corporal punishment in excess of the number of strokes with a cane set out hereunder for the grade to which such court belongs:
Grade A
. . . .
12 strokes
Grade B
. . . .
6 strokes
and every such order shall be made in accordance with rules 14 to 18.
[Am by SI 4 of 1992; Act 13 of 1994.]
PART III
RECORDS, RETURNS AND FORMS
Every local court shall cause a written record to be made of the proceedings of every case determined by it in the exercise of its civil and criminal jurisdiction, and shall cause a monthly return listing all cases determined by or brought before such court during that month to be forwarded to the Registrar of the High Court, or to an authorised officer, as may be directed by the Registrar of the High Court.
The forms and records appearing in the Second Schedule, with such variations as the circumstances of each case may require, shall be used for the respective purposes therein mentioned, and when so used shall be sufficient for such purpose.
7. Custody of records and property
The clerk of every local court shall be responsible for the making and submission of such records and returns as may be required from such court under section 52 of the Act and rule 5, and for the safe keeping of all books, forms and other documents and records belonging to such court, and of all money and other property which may come into such court’s possession, and for the production of the same for inspection at any time by the Director, an authorised officer or any other officer, including an official of the Audit Department of the Government, who is permitted by an authorised officer to inspect the same, or for any other lawful purpose and shall observe all directions given by an authorised officer concerning such safe keeping and production.
[Am by Act 8 of 1991.]
PART IV
FEES AND REVENUE
(1) The fees payable in local courts shall be as specified in the First Schedule, and shall be paid in cash. The fee for a summons or for a copy of a document shall be paid before the issue of such summons or the making of such copy, as the case may be, a hearing fee or a fee on appeal upon the hearing of the case concerned or the entering of such appeal, as the case may be, and the fee on execution upon the levying of such execution:
Provided that a local court may in its discretion remit all or part of any fees payable when satisfied that the person liable for them is by reason of poverty unable to pay such fees or part thereof, as the case may be, or that there is other good cause for such remission.
(2) A fee of two units shall be paid to a local court by parties to a customary law marriage for the issue of a marriage certificate.
(3) A fee of two units shall be paid to a local court by parties to a customary law marriage upon dissolution of their marriage for the issue of a divorce certificate.
[Am by SI 4 of 1992; Act 13 of 1994.]
The fee for any summons or on any appeal or for any copy of a document shall be paid by the party applying for such summons or copy or entering such appeal, as the case may be; a hearing fee shall be paid by such party to the case as the court may direct or, failing such direction, by the plaintiff, and the fee on execution by the party against whom such execution is levied:
Provided that where a party who is successful in a case has paid any fees to a local court in respect of such case then, unless the court shall have ordered otherwise, the other party or such other party as the court may direct shall pay the amount of fees to the said successful party.
(1) The clerk of every local court, or other officer thereof detailed for the purpose, shall issue or cause to be issued a receipt for every fee paid to such court, and for every fine paid and for every deposit accepted for release on bail and for every amount received as the result of forfeiture of a bail bond, and for every payment into such court of money for any other purpose.
(2) When any fee or fine is refunded, or any fine paid out as compensation or damages or any deposit accepted for release on bail is refunded, or any payment into court of money for any other purpose is paid out or delivered to any person, the person receiving the same shall provide the court making such refund or payment or delivery with a written acknowledgment of having received the money concerned.
All fines and fees except such as are to be refunded or paid as compensation under these Rules or by order of court, and all proceeds of any order of forfeiture made by any court shall, if lawfully received by a court, be paid into the general revenues of the Republic.
PART V
COMMITTAL TO PRISON
(1) Whenever a local court, pending or during or at the conclusion of any proceedings against any person before it, remands such person in custody and does not release him on bail, it shall—
(a) if he can be kept during the period of such remand in the precincts of the court or in a place of detention authorised under section 67 of the Act, remand him to be kept therein for the period of such remand or for three clear days, whichever period is the shorter; or
(b) if he cannot be so kept, issue a warrant of commitment on remand signed by a member of such court committing such person to prison for the period of such remand or for fifteen clear days, whichever period is the shorter; and on the expiration of such period shall have him brought before it to proceed with the hearing of his case, or for further remand as hereinbefore provided, which further remand shall be endorsed by a member of the court on any warrant that was issued for the original remand.
(2) A sentence of imprisonment imposed by a local court under the provisions of the Act, or any other written law, shall not be carried into effect until the sentence has been confirmed by an authorised officer.
13. Confirmation of sentence of imprisonment
(1) Every person convicted and sentenced to a term of imprisonment without the option of a fine by a local court, shall be remanded in custody on the day of his conviction pending confirmation of such sentence by an authorised officer.
(2) Every person sentenced to imprisonment by a local court shall immediately be sent to an authorised officer together with the court’s record of the case in which he was so sentenced and a warrant of commitment to undergo such sentence signed by a member of such court, and if such officer shall certify on such warrant that he has confirmed the sentence of imprisonment ordered by it or has varied it to a period specified in such certificate, the said warrant, amended by him to conform to any variation so made, shall take effect and the date of commencement of the said imprisonment, as so confirmed or varied, shall be the date on which the said sentence of imprisonment was confirmed, or if it was ordered as an alternative to payment within a specified period of a fine or compensation, which payment has not been made, the date of expiration of such period.
(3) If the local court concerned shall not have produced a warrant of commitment in accordance with this rule, the said authorised officer, on being satisfied that such court has made an order for such commitment, may issue a warrant therefor in pursuance of such order which shall be deemed to be the warrant which such local court was required to produce.
PART VI
CORPORAL PUNISHMENT
14. Confirmation of sentence of corporal punishment
(1) Every person convicted and sentenced to corporal punishment by a local court shall be remanded in custody on the day of his conviction pending confirmation of such sentence by an authorised officer, and administration of the corporal punishment.
(2) Every person sentenced to corporal punishment by a local court shall immediately be sent to an authorised officer together with the court’s record of the case in which he was so sentenced and a warrant of commitment to undergo such sentence signed by a member of such court, and if such officer shall certify on such warrant that he has, under section 43(7)(b) of the Act, confirmed the sentence of corporal punishment ordered by it or has varied it to an amount specified on such certificate, the said warrant amended by him to conform to any variation so made shall take effect subject to the provisions of section 43(7) of the Act.
(3) If the local court shall not have produced a warrant of commitment in accordance with this rule, the authorised officer, on being satisfied that such court has made an order for such commitment, may issue a warrant therefor in pursuance of such order which shall be deemed to be the warrant which such local court was required to produce.
15. Place of administration of corporal punishment
No corporal punishment ordered by a local court shall be administered except in a lawfully established prison or in the presence of an authorised officer, and if possible in the presence of a medical officer, and no such punishment shall be administered in public.
16. Caning of physically unfit person
No corporal punishment ordered by a local court shall be administered unless, in the opinion of a medical officer, if one is available, or of an authorised officer if no medical officer is available, the person to whom it is to be administered is physically fit to undergo it; and no such punishment shall be continued if, in the opinion of such officer, such person is not physically fit to undergo the remainder thereof.
17. Administration of corporal punishment
(1) Corporal punishment shall be administered with a rattan cane which shall be—
(a) for the caning of a male juvenile under the apparent age of nineteen years, of length ninety-two centimetres and diameter not more than one centimetre;
(b) for the caning of a male juvenile adult between the apparent ages of nineteen and twenty-one years, of length one thousand two hundred and twenty milimetres and diameter not more than twelve point five milimetres.
(2) Corporal punishment shall be administered on the buttocks of the person sentenced thereto, from the side, and during such administration a blanket folded at least three times, or equivalent form of protection, shall be placed and kept across the small of the back immediately next to the buttocks of such person and a piece of thin cotton cloth soaked in water and wrung out shall be kept spread over the buttocks of such person.
(3) No sentence of corporal punishment shall be administered by installments, and if more such sentences than one have been imposed on one day by the same local court on the same person, they shall be administered as if they together constituted one sentence, to be caned once only, with the total number of strokes specified in such sentences up to but not exceeding the limit for any one such sentence mentioned in section 43(6) of the Act.
{mprestriction ids="2,3,5"}
18. Substitution of other penalty for physically unfit person
When any corporal punishment ordered by a local court, as duly confirmed or varied under rule 14, fails to be administered by reason of the operation of rule 16, the authorised officer who confirmed or varied the order for such punishment, on being duly informed of such non- administration and acting in exercise of his powers under section 54 of the Act, may substitute such other penalty as he considers appropriate.
PART VII
SERVICE OF PROCESS
19. Preparation and service of summons
Every summons issued by a local court under the provisions of section 17 of the Act shall—
(a) be in writing, in duplicate, and signed by the registrar or clerk of such court or by a member thereof; and
(b) be directed to the person summoned, requiring him to appear, at a time and place to be therein specified before such court; and
(c) state shortly the offence charged, the cause of action or any other reason for which such person is summoned; and
(d) be served by an officer of a local by which it is issued or to which it is sent under the provisions of rule 21, as the case may be, or by a police officer or other public officer, or by any other person specially appointed thereto by the court issuing the same; and
(e) be served personally on the person summoned by delivery or tender to him of the summons or its duplicate:
Provided that where personal service of such summons is not practicable, it may be served in such manner as may be prescribed under the provisions of rule 20.
Where it appears to a member of a local court (either after or without an attempt at personal service) that, for any reason, personal service cannot conveniently be effected, he may order that service be effected, either—
(a) by delivery of the document to some adult person at the usual or last known place of abode or place of business or village of the person to be served; or
(b) by placing the document in an envelope and addressing and posting the same by prepaid registered post to the person to be served at his last known address.
(1) In this rule, unless the context otherwise requires—
“issuing court” means the local court by which any process is issued;
“process” means any summons, warrant or other process issued by a local court;
“receiving court” means the local court to which any process is sent in accordance with the provisions of this rule.
(2) Any process issued by a local court may be served or executed at any place within the area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situate.
(3) Where any process is to be served or executed outside the area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situate, such court shall send the process to such authorised officer, and upon receipt thereof the authorised officer shall, if satisfied that the process was lawfully issued, endorse the same and send it to the local court whose jurisdiction includes the place where the process is to be served or executed, and the receiving court shall endorse such process and shall cause it to be served or executed as if it had been issued by the receiving court.
An affidavit that a summons, warrant or other process has been served or executed under the provisions of these Rules, or an endorsement that such summons, warrant or other process has not or cannot be so served or executed, or a certificate of posting by registered post shall be made or produced by the person by whom such service or execution was effected or attempted:
Provided that no such affidavit shall be required when the person who served or executed any summons, warrant or other process gives evidence to that effect in the court concerned.
On fixing the date for hearing any case, the registrar or clerk of the local court shall take account of the necessity for service of process to be effected on the defendant or on any witnesses to be summoned not less than seven clear days before the date of hearing; and every summons to a defendant or witness shall be served not less than seven clear days before the date of hearing.
PART VIII
APPEALS
24. Notifying rights of appeal
At the conclusion of every case in a local court, the court shall inform the parties of their rights of appeal.
Any interested party who is aggrieved by any judgment, order or decision of a local court given or made in the case in which he was concerned, and which has not been revised, and who desires to appeal, shall give notice of appeal in the prescribed form to the clerk of the local court who shall transmit to the appellate court such notice of appeal together with the record of the case and the judgment or order therein.
26. Convicted person in prison
If a convicted person in prison desires to appeal, he shall inform the officer in charge of the prison, who shall thereupon take immediate steps to transmit notice of the appeal to the clerk of the local court by which he was convicted.
Every appellant shall be entitled, if he so desires, to be present at the hearing of his appeal and to be heard either personally or by a legal practitioner. If he does not desire to be present or to be heard either personally or by a legal practitioner, then the appellate court shall decide the appeal without hearing argument, unless it sees fit to direct otherwise, on the documents forwarded to it in accordance with the provisions of rule 25.
PART IX
MISCELLANEOUS PROVISIONS
In the event of the arrest without warrant of any person by an officer of a local court, such officer shall notify the person being arrested of the reason for his arrest and, unless he shall sooner release such person, shall, without unnecessary delay, bring the person arrested before a local court, or a subordinate Court, having jurisdiction over the place where the arrest was effected, to be further dealt with according to law.
30. Enhancing or varying decisions in criminal cases
In any case in which an authorised officer proposes, in exercise of his powers under section 54 of the Act, to revise any judgment in a criminal case heard in a local court by enhancing, quashing or otherwise varying such judgment to the prejudice of the accused, an opportunity must be given to the accused of being heard.
31. Allowances and expenses payable to witnesses and assessors
The allowances and expenses which may be paid to witnesses and assessors in cases heard in local courts shall be the same as those paid in a subordinate Court.
When any case is transferred from the High Court or a subordinate court to a local court for trial or retrial, the procedure described in section 60 of the Act shall, mutatis mutandis, be followed.
[Rule 8]
FEES PAYABLE IN LOCAL COURTS
[First Sch subs by rule 2 of SI 97 of 1997; sub by rule 2 of SI 70 of 2005]
[Rule 6]
FORM L.C.1
FORMS AND RECORDS FOR USE IN LOCAL COURTS
REPUBLIC OF ZAMBIA
SUMMONS TO DEFENDANT IN CIVIL CASE
IN THE ................................................................. LOCAL COURT........................................ DIVISION
To ................................................................... of ....................................................................................
You are hereby commanded in the name of the President to appear before this Court on the ............. day of .............................., 19......, at ........m. or any later time at which the hearing of your case may begin, to answer a claim made by .............................................. (plaintiff) of...................................................................................(address)
The plaintiff claims...............................................................................................................
(give details enough to show defendant what he has to answer,
e.g. state "divorce", "compensation", "refund", or as the case may be, and amount..................... claimed if applicable, with reason for such claim mentioning names concerned and place and date, and state any amount or thing offered in return)
together with the costs of this case incurred by him.
Date Stamp of Court
........................................................................
Court Registrar or Clerk
(NOTE.-If the Court approves, Form L.C.2 (for Consent to Judgment) may be made out and attached to the original of this Summons before it is sent for service.)
ENDORSEMENT OF SERVICE (ON DUPLICATE) OR NON-SERVICE
*The original of this Summons was served by me on the said on the
.............................., 19......, at ..........................................................
(place)
*This Summons has not been served because
Date ..................................., 19....
........................................................................
Signature of person required to serve Summons
(ON SUBSEQUENT SERVICE)
The original of this Summons was served by me on the said , on
the ......................................19......, at ...........................................................
(place)
Date ..................................., 19....
........................................................................
Signature of person required to serve Summons
* Delete item not applicable.
(See Reverse for Other Endorsements)
[On reverse]
ENDORSEMENTS
If person summoned is in different District, outside area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situated, endorsement by authorised officer.
Date Stamp Endorsed: ........................................................................
Signature
Endorsement by Local Court within whose area of jurisdiction Summons is to be served. Date Stamp Endorsed: ........................................................................
Local Court Justice
FORM L.C.2
REPUBLIC OF ZAMBIA
(for attachment to Original of Summons to Defendant)
IN THE........................................................................................ LOCAL COURT, DIVISION.
To ............................................................................ of...........................................................
Whereas Summons No. .......................... dated the ................................................, 19......,
has been issued and served upon you, ordering you to appear before this Court on the ................................ 19.....,
to answer the claim made against you by ........................................ which is set forth therein;
Take notice that if you do not wish to appear in person to answer the said claim, you will be excused from appearing on the date ordered in the said Summons if you sign (before a witness) and detach the *Consent to Judgment hereunder and have it sent to reach this Court before the said date, whereupon the Court may agree to give judgment in your absence for payment by you of the total amount stated in such Consent, or it may adjourn the case and order you to appear for the hearing thereof at a specified later date. If you do not use the Consent to Judgment as aforesaid, you must appear in person on the date ordered by the said Summons.
If you sign and send the Consent to Judgment as aforesaid, you must pay into Court the total amount stated therein not later than the date for payment stated therein, and if you do not do so by such date you may be ordered to pay extra costs in addition to such amount.
Date Stamp of Court
........................................................................
Local Court Justice
* To be completed as fully as possible, by court issuing Summons.
(To detach Consent to Judgment, cut along dotted line)
CONSENT TO JUDGMENT
I, ......... ......................................................................................,apply to be excused from appearing in person on the
................................., 19......., to answer the claim made against me by.......................................................................
as ordered by Summons No. ........................ issued on the ...................................... 19......, by the............. Local Court; and hereby agree to accept the said Court’s judgment on the said claim although given against me in my absence to the extent of the total amount herein stated, and I undertake to pay into Court not later than the ...................................., 19...., in satisfaction of such claim, the sum of ................... fee units plus the cost of serving the said Summons, made up as follows—
Amount claimed
Summons fee
Hearing fee
...........................................
Witness
3 fee units
}
fee units ................... , plus cost
of serving Summons: .............................*
=Total amount in fee units ......................*
.............................................................
Defendant
Date ...................................., 19........
* To be inserted by court serving Summons.
[Am by Act 13 of 1994.]
FORM L.C.3
REPUBLIC OF ZAMBIA
THE LOCAL COURTS ACT
SUMMONS TO ACCUSED
IN THE ..................................................................... LOCAL COURT, ................................. DIVISION.
To ...................................................................................... of ........................................................... You are hereby commanded in the name of the President to appear before this Court on the.................. day of ......................................, 19......., at ...............................m. or any later time at which the hearing of your case may begin, to answer a charge that you committed the offence of...............................
(state offence, with time and place and law contravened)
(NO FEE)
Date Stamp of Court
........................................................................
Court Registrar or Clerk
ENDORSEMENT OF SERVICE (ON DUPLICATE) OR NON-SERVICE
* The original of this Summons was served by me on the said ........................................................................... on the ............................................, 19........, at ....................................................................
(place)
* This Summons has not been served because
Date ..................................., 19....
........................................................................
Signature of person required to serve Summons
(ON SUBSEQUENT SERVICE)
The original of this Summons was served by me on the said
............................. on the .........................................., 19......., at..........................................................place
Date ..................................., 19....
........................................................................
Signature of person required to serve Summons
* Delete item not applicable.
(See Reverse for Other Endorsements)
[On reverse]
ENDORSEMENTS
If person summoned is in different District, outside area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situated, endorsement by authorised officer.
Date Stamp Endorsed: ..................................................
Signature
Endorsement by Local Court within whose area of jurisdiction Summons is to be served.
Date Stamp Endorsed: ...................................................
Local Court Justice
FORM L.C.4
REPUBLIC OF ZAMBIA
WARRANT TO ARREST ACCUSED
IN THE ........................................................................LOCAL COURT, .......................DIVISION.
To .............................................................., Local Court Messenger, and other Officers:
Whereas ............................................................................ of.........................................................
is charged with the offence of..........................................................................................................
(state offence, with time and place and law contravened)
*and following his release on bail the Court is of the opinion that
*the security for his due appearance is insufficient,
*by reason of imminent departure by him from Zambia, it is unlikely that he will make due appearance or comply with all other conditions of his release on bail.
You are hereby ordered to apprehend the said person and produce him without unnecessary delay before this Court to answer the said charge or be committed for trial thereon and be further dealt with according to law.
Date Stamp of Court
........................................................................
Local Court Justice
* Delete this paragraph if not applicable or item thereof which is not applicable.
ENDORSEMENT OF EXECUTION OR NON-EXECUTION
*This Warrant was executed by me on the , 19 .........at ..............................................................
(place)
*This Warrant has not been executed because Date ................................................, 19............
.............................................................................
Signature of person required to execute Warrant
(ON SUBSEQUENT EXECUTION)
*This Warrant was executed by me on the , 19.......,
at ....................................................................
(place)
Date ........................................................................., 19...............
...................................................................................
Signature of person required to execute Warrant
*Delete item not applicable.
(See Reverse for Other Endorsements)
[On reverse]
ENDORSEMENTS
If person to be apprehended is in different District, outside area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situated, endorsement by authorised officer.
Date Stamp Endorsed: ......................................................................
Signature
Endorsement by Local Court within whose area of jurisdiction warrant of arrest is to be executed.
Date Stamp Endorsed: .........................................................
Local Court Justice
FORM L.C.5
REPUBLIC OF ZAMBIA
SUMMONS TO WITNESS IN CIVIL CASE ON APPLICATION BY PARTY
IN THE ........................................................................ LOCAL COURT, .................................... DIVISION.
To .................................................................................... of .........................................................................
You are hereby commanded in the name of the President to appear before this Court on the ................... ............................ day of ......................................, 19 ......., at ......................................... or any later time at which the hearing of the case concerned may begin, to give evidence in the case of ......................................................................... versus , .................................................................................. which relates to a claim for
(state briefly nature of claim)
Date Stamp of Court ..........................................
Court Registrar or Clerk
ENDORSEMENT OF SERVICE (ON DUPLICATE) OR NON-SERVICE
*The original of this Summons was served by me on the said
on the ..........................................., 19......., at ................................................
(place)
*This Summons has not been served because ...........................................................................
............................................................................................
Date ................................................................., 19.......
...................................................................................
Signature of person required to serve Summons
(ON SUBSEQUENT SERVICE)
The original of this Summons was served by me on the
said....................................................................... on the ..........................................., 19.......,
at ................................................
(place)
Date ........................................................................, 19.......
...................................................................................
Signature of person required to serve Summons
*Delete item not applicable.
(See Reverse for Other Endorsements)
[On reverse]
ENDORSEMENTS
If person summoned is in different District, outside area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situated, endorsement by authorised officer.
Signature
Endorsement by Local Court within whose area of jurisdiction Summons is to be served.
Date Stamp Endorsed: ..........................................................
Local Court Justice
FORM L.C.6
REPUBLIC OF ZAMBIA
SUMMONS TO WITNESS, IN CIVIL CASE AT COURT’S INSTANCE, OR IN CRIMINAL CASE, TO ATTEND HEARING
IN THE....................................................................... LOCAL COURT, ................................. DIVISION.
To .................................................................. of ......................................................................................
You are hereby commanded in the name of the President to appear before
*the .............................................. Local Court on the ................................................................ day of. ,
*this
19......., at ....................................................... m. or any later time at which the hearing of the case concerned may begin, to give evidence in the case of............................................... versus, ........................................................................
which relates to a *claim for .................................................................................................
*charge of (state briefly nature of claim or offence)
(NO FEE)
Date Stamp of Court .....................................................................
Court Registrar or Clerk
*Delete words not applicable.
ENDORSEMENT OF SERVICE (ON DUPLICATE) OR NON-SERVICE
*The original of this Summons was served by me on the said ...................................................
on the ..........................................., 19......., at ................................................
(place)
*This Summons has not been served because ...........................................................................
............................................................................................
Date .........................................................., 19....... ................................................................
Signature of person required to serve Summons
(ON SUBSEQUENT SERVICE)
The original of this Summons was served by me on the said ...............................................................
on the ..........................................., 19......., at ................................................
(place)
Date ............................................................................., 19....... ........................................................................
Signature of person required to serve Summons
* Delete item not applicable.
(See Reverse for Other Endorsements)
[On reverse]
ENDORSEMENTS
If person summoned is in different District, outside area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situated, endorsement by authorised officer.
Date Stamp Endorsed: .................................................................................
Signature
Endorsement by Local Court within whose area of jurisdiction Summons is to be served.
Date Stamp Endorsed: .................................................................................
Local Court Justice
FORM L.C.7
REPUBLIC OF ZAMBIA
SEARCH WARRANT
IN THE ........................................................................ LOCAL COURT, .................................. DIVISION.
To ............................................................................., Local Court Messenger, and other Officers:
Whereas this Court has been satisfied by evidence given to it by ................................................. of ....................................... that the following articles alleged by him to have been ......................................................................................................................
(e.g. “used in assault on .....................................................at ..........................................................”, “stolen from ...............................................”, or as the case may be) may be in................................................................
(specify building, etc., or place)
which is under the control of .........................................................................................................
You are hereby authorised and ordered to search without unnecessary delay the said ..............
........................................................................................................................................................
(building, etc., or place)
* in the day time* for the said articles, and on finding any of them to seize them and produce them to the ................................................................................. Court to be dealt with according to law.
Date Stamp of Court .................................................................
Local Court Justice
* Delete and substitute “during either the day or the night” if Court authorises night search.
ENDORSEMENT OF EXECUTION OR NON-EXECUTION
*This Warrant was executed by me by searching as aforesaid on the ............................................., 19 ........, and making seizure and production as required thereby.
*This Warrant has not been executed because
Date ............................................................................, 19.......
..................................................................................
Signature of person required to execute Warrant
(ON SUBSEQUENT EXECUTION)
*This Warrant was executed by me by searching as aforesaid on the ....... .........., 19 ....., and making seizure and production as required thereby.
Date ............................................................................, 19........
..................................................................................
Signature of person required to execute Warrant
* Delete item not applicable.
(See Reverse for Other Endorsements)
[On reverse]
ENDORSEMENTS
If place, etc., to be searched is outside area of jurisdiction of the authorised officer, within whose area of jurisdiction the issuing court is situated, endorsement by authorised officer.
Date Stamp Endorsed: ..........................................................................
Signature
Endorsement by Local Court within whose area of jurisdiction search warrant is to be executed.
Date Stamp Endorsed: ................................................................
Local Court Justice
FORM L.C.8
REPUBLIC OF ZAMBIA
NOTICE OF HEARING OF CASE
IN THE ........................................................................ LOCAL COURT, ....................................DIVISION.
To ....................................................................................... of ....................................................................
plaintiff
complainant in the case of .............................................................. versus ...............................................
for ....................................................................
(state briefly nature of claim or offence)
Take notice that the said case is set down for hearing by this Court on the ..................................... day of ................................., 19........, and you are required to appear before it on that day, at .............................. m. or any later time at which the hearing of the said case may begin, together with your witnesses and any articles or papers to be produced as evidence, for the purpose of such hearing.
If, without having shown good reason, you do not so appear, the Court may dismiss your
claim
complaint.
If for good reason you wish the said hearing date to be changed, you must apply as soon as possible to this Court for such change to be made.
Date Stamp of Court ................................................................
Court Registrar or Clerk
ACKNOWLEDGMENT (ON DUPLICATE)
I have received the original of the above Notice and
*will appear as required.
*apply for the date to be changed to the .................................................................., 19........, because ...............................................................................
Date .................................................................., 19.......... .............................................................
Signature
*Delete words not applicable.
FORM L.C.9
REPUBLIC OF ZAMBIA
WARRANT OF COMMITMENT ON REMAND
IN THE........................................................................ LOCAL COURT, .......................DIVISION.
To ....................................................., Local Court Messenger, and other Officers, and the Officer in charge of the Government Prison at ............................................................
You are hereby required to lodge ............................................................................................... of ...................................................................., apparent age ................................................... years, who is accused of the offence of .......................................................................................
(state offence, with time and place and law contravened)
in the said prison, together with this Warrant, in which prison the said person shall be kept in custody (subject to any release on bail that may be ordered) until the * day of .............................., 19 ........, whereupon the said person shall be brought before the Court at ................................................... to be dealt with according to law.
(place)
Date Stamp of Court ....................................................................
Local Court Justice
* Not more than fifteen days after date of Warrant.
ENDORSEMENTS
The Court, on production before it of the said person, orders the extension of the said period of custody until the *......................................................day of................................................, 19........
Date Stamp of Court ......................................................................
Local Court Justice
* Not more than fifteen days after date of order.
The Court, as above, orders the said period to be further extended to the *.......... ..........,19......
Date Stamp of Court .........................................................................
Local Court Justice
* Not more than fifteen days after date of order.
FORM L.C.10
REPUBLIC OF ZAMBIA
CASE-RECORD-CRIMINAL CASES: LOCAL COURT
CASE No. OF 19 .
IN THE........................................................ LOCAL COURT, ........................................... DIVISION.
.................................................................... DISTRICT, holden at .....................................................
before
on the .................................................day...........................................................19 , at.................................................................................... o’clock in the
.........................................................................noon.
.............................................
THE PEOPLE versus ...........................................................................................................
Tribe ...................................................... Residential address...................................
Village ................................................... ...................................................................
Chief....................................................... ...................................................................
District ................................................... Postal address...........................................
Occupation ............................................ .....................................................................
Age .................... Sex............................ ....................................................................
Accused was served on ....................... with a Summons dated ...............................
Accused was arrested on ....................................... under Warrant dated .........................
Accused was arrested without Warrant on .........................................................................
Accused was released on bail or on his own recognizance on .........................................
CHARGE:
(1st Count)
(If space insufficient, continue overleaf)
Statement of offence:
Particulars of offence: ..................................................................
Local Court Justice or Public Prosecutor
[P.T.O.]
[On reverse]
Prosecutor:
Interpreter:
Charge explained to accused:
Accused, when called upon to plead, says: The Court records a plea of:
FORM L.C.11
REPUBLIC OF ZAMBIA
CASE-RECORD-CIVIL CASES: LOCAL COURT
IN THE.......................................................................... LOCAL COURT, .....................DIVISION.
commencing on the ..............................................., 19....... Case No .......................... of 19 ........
Plaintiff .............................................................................................................................................
Defendant(s) (state ages of those aged 21 or less) .......................................................................
..........................................................................................................................................................
..........................................................................................................................................................
Act complained of, with time and place............................................................................................
What is claimed ................................................................................................................................
[RECORD OF PROCEEDINGS OVERLEAF]
JUDGMENT (Verdict and Order):
(reasons at end of Record)............................................................................................................
Fees paid .................................................. Receipt Nos ...................................................................
Date ............................................., 19 ........
.........................
}
Local
Court Registrar or Clerk................................
.........................
Court
.........................
Justices
| Inspected. | Date Stamp | ........................................................ |
Signature and Title of Authorised Officer
On Revision.........................................................................................................................................
| Date ............................................., | 19......... | .................................................................... |
Signature and Title of Authorised Officer
FORM L.C.12
REPUBLIC OF ZAMBIA
CERTIFICATE OF JUDGMENT
IN THE...................................................... LOCAL COURT, ...........................................DIVISION.
This is to certify that, in the case of ......................................................................................versus
....................................................................................for .................................................................
(state briefly nature of claim or offence)
Case No. ...................................................... of 19......., which was decided by this Court on the ...................................................., 19 ........, the Judgment of the Court was as follows—
Verdict (state names concerned)..............................................................................................
Order (state names concerned)................................................................................................
| Date Stamp of Court | .................................................................... |
Court Registrar or Clerk
FORM L.C.13
REPUBLIC OF ZAMBIA
WARRANT OF DISTRESS
IN THE......................................................................... LOCAL COURT, ......................DIVISION.
To .................................................., Local Court Messenger, and other Officers:
Whereas .................................................... of ................................................................................
was on the .......................................... day of ............................................, 19 ......., ordered by this Court, in Case No .................................. of 19 ......., to pay the sum of ..................... *and the sum of .................. as costs*, by the ............................ day of ............................, 19 ....., and has not made such payment as ordered;
You are hereby ordered to seize and sell, without unnecessary delay, the property of the said person to the extent of obtaining thereby the sum of ......................... being the amount due from him at this date under the said order to pay, together with the sum of † ........., being the fee for execution of this Warrant, and to deliver the said sums, together with this Warrant and a list of the articles sold in executing it showing the amount received for each article by such sale, to this Court to be dealt with according to law.
If, before or during such sale, the amount which is or remains due from the said person as aforesaid is paid to you, the sale shall not be proceeded with.
The following forms of property shall not be sold without the consent of the owner—
(a) personal clothing, bedding or household utensils;
(b) tools for cultivation or trade tools;
(c) food grown by the said person which is needed for feeding himself, his spouse or his dependants;
(d) Property said to belong partly or wholly to another person, if the Court agrees that it so belongs.
| Date Stamp of Court | .................................................................... |
Local Court Justice
ENDORSEMENT OF EXECUTION OR NON-EXECUTION
*This Warrant was executed by me on the ..........................................., 19 ......., at .......................................................,
(place)
and a list of articles sold and amounts received thereby is attached.
*This Warrant has not been executed because ............................................................
Date ............................................., 19.............................................................................
Signature of person required to execute Warrant
(ON SUBSEQUENT EXECUTION)
This Warrant was executed by me on the ..........................................., 19 ......., at ........................................................,
(place)
and a list of articles sold and amounts received thereby is attached.
Date ............................................., 19................... ..................................................................
Signature of person required to
execute Warrant
*Delete item not applicable.
†15 fee units or such less sum as the Court may specify.
(See Reverse for Other Endorsements)
[On reverse]
ENDORSEMENTS
If property to be sold is outside area of jurisdiction of the authorised officer within whose area of jurisdiction the issuing court is situated, endorsement by authorised officer.
| Date Stamp | Endorsed: ................................................................ |
Signature
Endorsement by Local Court within whose area of jurisdiction warrant of distress is to be executed.
| Date Stamp | Endorsed: ................................................................ |
Local Court Justice
[Am by Act 13 of 1994.]
FORM L.C.14
REPUBLIC OF ZAMBIA
WARRANT OF COMMITMENT ON DEFAULT OF PAYMENT
IN THE....................................................................... LOCAL COURT, ...................DIVISION.
To ......................................................., Local Court Messenger, and other Officers, and the Officer in charge of the Government Prison at ....................................................................
Whereas ....................................................................... of, .....................................................
apparent age ....................... years, was convicted by this Court in Case No. ....................................... of 19...... of the offence of....................................................................................................
(state offence, with time and place and law contravened)
...............................................................................................................................................
and was ordered therein on the ............................................. day of .........................................., 19......., to pay the sum of ....................................* forthwith*/*by the ............................................., 19.......* or in default to be imprisoned *with hard labour for ......................................... and whereas ......................................
| Date Stamp | *without | (period) |
of the said sum has not been paid as so ordered;
You are hereby required to lodge the said person in the said prison, together with this Warrant, in which prison the said person shall be imprisoned *with hard labour (subject to any release on bail that may *without be ordered pending appeal) for the period of ........................................... from the ................................, 19......, or until within the said period the said sum of ............................... is paid.
Upon the payment within such period of any part of the said sum of ..................................., the said period shall be proportionately reduced.
| Date Stamp of Court | ................................................................ | |
Local Court Justice
* Delete words not applicable.
Delete if not applicable.
CERTIFICATE BY AUTHORISED OFFICER
I certify that I have, under the Local Courts Rules, confirmed the conviction in the above- mentioned case, and have—
*confirmed the imprisonment ordered therein as shown in this Warrant.*
*varied the imprisonment ordered therein to ..............................................................................
(period)
I.H.L./*SI from the ..............................................., 19......., and have amended the Warrant accordingly.*
| Date Stamp of Court | ................................................................ | |
Signature and Title of Officer
*Delete words not applicable.
FORM L.C.15
REPUBLIC OF ZAMBIA
WARRANT OF COMMITMENT FOR IMPRISONMENT OR CANING
IN THE.......................................................................... LOCAL COURT, ...........DIVISION.
To ......................................................., Local Court Messenger, and other Officers, and the Officer in charge of the Government Prison at ....................................................................
Whereas ......................................... of , ............................................................................................apparent age ....................... years, was convicted by this Court in Case No. ....................................... of 19...... of the offence of .............................................. ............................................................................................
(state offence, with time and place and law contravened)
............................................................................................................................................................
and was ordered therein on the ............................................. day of .........................................., 19 ......., to be
{
*imprisoned with/*without hard labour for ...................... from the
}
(period)
......................................, 19 ........*
*caned with .................... strokes.*
†IMPRISONMENT. You are hereby required to lodge the said person in the said prison, together with this Warrant, in which prison the said person shall be imprisoned *with hard labour (subject to any release on
*without
bail that may be ordered pending appeal) for the period of ........................... from the ......................., 19.......
†CANING. You are hereby required to lodge the said person, being—
{
‡under the apparent age of 18 years, in the lock-up of the ................................................. at ......... ‡
}
‡over the apparent age of 18 years, in the said prison,
in the precincts whereof the said person shall be kept in custody and in due course shall, subject to the law regarding appeals (section 56 of the Local Courts Act), §and in the presence of an officer empowered to revise Local Court decisions and not in public,¤ have ............................................. strokes of a cane administered to him according to law.
Date Stamp of Court ........................................................................
Local Court Justice
* Delete words not applicable.
‡ Delete item not applicable.
† Delete paragraph not applicable.
§ Delete if to be caned in prison.
CERTIFICATE BY AUTHORISED OFFICER
I certify that I have, under *the Local Courts Rules/*section 43 of the Local Courts Act, confirmed the conviction in the above-mentioned case and have—
*confirmed the imprisonment/*caning ordered therein as shown in this Warrant.*
*varied the imprisonment/*caning ordered therein.
to
{
*............................I.H.L./*SI from the ....................................., 19.........*
(period)
}
*..........strokes of a cane,*
and have amended the Warrant accordingly.*
| Date Stamp of Court | ................................................................ | |
Signature and Title of Officer
*Delete words not applicable.
FORM L.C.17
REPUBLIC OF ZAMBIA
BAIL BOND (RECOGNIZANCE)
IN THE..................................................................... LOCAL COURT, .........................DIVISION.
Whereas ..................................................................... of .............................................................
is in custody upon a charge of ....................................................... on the........................................,19.......,at ..................................................... contrary to .........................................., and is required to appear before the ...................................... Court to answer the said charge at ...................... o’clock in the .................... noon on the .................................. day of ...................................., 19......., at ..........................., and to attend before such court until the hearing of this case shall be completed or adjourned, and if it be adjourned to appear and attend as aforesaid at every time and place to which during the course of the proceedings such hearing may from time to time be adjourned;
The undersigned principal party to this recognizance, being the person in custody aforesaid, hereby binds himself to perform the following obligations if now released, namely:
To appear and attend before the ............................... Court as aforesaid *and to comply with the following conditions until the said attendance be completed:
(a) .........................................................................................
and (b) .......................................................................................
and (c) ......................................................................................;*
And the said principal party *and the undersigned sureties* hereby *acknowledges himself/severally acknowledge themselves* bound to forfeit to the Court before which such principal party is bound as aforesaid to appear the sums following, namely: the said principal party the sum of ......................... fee units,
*and the said sureties the sum of ........................................ fee units each,* in case the said principal party fails to perform *any of* the above obligations or any part thereof.
Signed
{
}
Principal Party
Sureties*
Taken before the undersigned at .................................................... on the ................................................. day of ......................................., 19........ In consideration of the above bond, the said principal party, being the person in custody aforesaid, is now released.
Date Stamp of Court
...................................................................................
Local Court Justice
*Delete words not applicable.
(Endorsements on Reverse)
[On reverse]
ENDORSEMENT ON PERFORMANCE OR NON-PERFORMANCE OF OBLIGATION
A. The above bail bond stands discharged with effect from the ........................................................................., 19........
Date Stamp of Court
...................................................................................
Local Court Justice
B. I certify that the aforesaid principal party has not performed the following obligation:
*to appear and attend at Court as aforesaid.
*to comply with the condition that he should ...............................................................................
......................................................................................................................................................
The Court accordingly declares the above bail bond to be forfeited and is instituting legal proceedings for recovery of the amounts due thereunder, which will be taken into the revenue of the Court, and has issued a warrant for the arrest and production before it of the aforesaid principal party.
Date Stamp of Court
...................................................................................
Local Court Justice
The Court on the appearance before it of the said principal party has issued a warrant for his commitment for trial on the charge mentioned in the above bail bond.
Date Stamp of Court
...................................................................................
Local Court Justice
*Delete words not applicable.
FORM L.C.18
REPUBLIC OF ZAMBIA
NOTICE OF HEARING OF APPEAL, TO APPELLANT
IN THE SUBORDINATE COURT of the ............................................... class, for................
District, holden at ...............................................................,before .......................................
To ................................................................ of , ...................................................................
Appellant in the Case of ............... versus.............................................................................
for ................................................................. (Case No.........................................................
(state briefly nature of claim or offence)
of 19........ of the ......................................................Local Court):
Take notice that your appeal in the said case is set down for hearing by the subordinate court of the class, at (place) on the ................................. day of ....................................., 19......, and you are required to appear before it on that day, at ...............................m. or any later time at which the hearing of the said appeal may begin, together with your witnesses and any articles or papers that may be required as evidence, for the purpose of such hearing.
If, without having shown good reason, you do not so appear, the Court may dismiss your appeal.
If for good reason you wish the said hearing date to be changed, you must apply, as soon as possible, to this Court or to the Court above mentioned which is to hear your appeal, for such change to be made.
Date Stamp of Court
...................................................................................
Clerk of the Court
ACKNOWLEDGEMENT (ON DUPLICATE)
I have received the original of the above Notice and
*will appear as required.
*apply for the date to be changed to the, ....................19.......
because ..................................................................................
Date............................ , 19......................................................
...................................................
Signature
FORM L.C.19
REPUBLIC OF ZAMBIA
NOTICE OF HEARING OF APPEAL, TO RESPONDENT
IN THE SUBORDINATE COURT of the .......................class for...................................................
District, holden at ................................................... before............................................................
To ................................................... of ..........................................................................................
Take notice that ..........................................................................has entered an appeal against
the decision of the ...........................................................................................Local Court in the
case of ................................................... versus.........................................................................
for ...........................................................(Case No. ....................................................................
(state briefly nature of claim or offence)
19....... of such Court), and that the said appeal is set down for hearing by the subordinate court of the ...................................... class at ................................ on the.......................... day of ............................, 19......., (place)
and you are required to appear before it on that day, at ..............................m. or any later time at which the hearing of the said appeal may begin, together with your witnesses and any articles or papers that may be required as evidence, for the purpose of such hearing.
If, without having shown good reason, you do not so appear, the Court may if it thinks fit give judgment in your absence after noting the evidence given to it during such hearing, which may be judgment against you.
If for good reason you wish the said hearing date to be changed, you must apply, as soon as possible, to this Court or to the Court above mentioned which is to hear the appeal, for such change to be made.
Date Stamp of Court
.......................................................................
Clerk of Court
ACKNOWLEDGEMENT (ON DUPLICATE)
I have received the original of the above Notice and
*will appear as required.
*apply for the date to be changed to the .......................................................................... 19........
because .........................................................................................................................................
Date ............................................., 19.........
Signature
*Delete words not applicable.
FORM L.C.20
Page .................
{
RECORD OF CRIMINAL CASES
RETURN OF CRIMINAL CASES DISPOSED OF DURING ................................, 19.......
LOCAL COURT OF ...............................
Before .....................................................
Case No.
Defendant, stating Tribe, and whether villager, employed (stating nature of work, and pay if disclosed), or unemployed
Sex and Age
Prosecutor
Date of Summons or Arrest (state) “S” or “A”) If released on bail add “R” and date
Date of first appearance and adjournments, if any
Charge, quoting Act and section, etc., contravened
Plea Entered
Judgement
Sentence
Remarks If fine paid, show receipt No. If committal for non-payment record this fact. If case still pending at date of return give reason. State if appeal lodged
Registrar/Court Clerk .........................................................................
To: The Registrar of the High Court, P.O. Box RW.67, Lusaka. Where more than one form is required for the return, only the last form in the return need be signed.
FORM L.C.21
REPUBLIC OF ZAMBIA
REGISTER AND RETURN OF CIVIL CASES-LOCAL COURT
In the ........................................ Local Court, ........................................ division Cases Disposed of during ..............................., 19.......
No.
Date
Name of plaintiff
Age if 21 of less
Name of defendant
Age if 21 or less
Claim
Judgment
Remarks
FORM L.C.22
REPUBLIC OF ZAMBIA
OUTSTANDING FINES REGISTER
In the ....................................... Local Court, ..................................... division
Date Fine Ordered
Case No.
To be Paid by (Name and address)
Total to be paid
Date(s) to pay Total or Instalments
Date and Amount of each actual payment
Receipt No.
Balance due Remarks
(E.g.: Fully paid. Committed i/d on ../../, etc).
Date
Amount
Date
Amount
FORM L.C.23
REPUBLIC OF ZAMBIA
NOTICE OF APPEAL IN CRIMINAL CASES
1. To the Clerk of the Court of the subordinate court of the ............................................... Class
for the .............................................................. District, holden at ................................................
2. Name of Appellant .....................................................................................................................
3. Appeal against *order/conviction/sentence by the .................................................Local Court.
4. Offence of which convicted .......................................................................................................
5. *Order/sentence of Court ..........................................................................................................
6. Date when convicted .................................................................................................................
7. Date when sentence passed .....................................................................................................
8. *Name of prison/address of Appellant........................................................................................
I, the above-named Appellant, hereby give you notice that I desire to appeal to the subordinate court of the . Class for the................................................. District, holden at .............................................................................................. against the said *order
|
*conviction | |
|
*sentence |
on the following grounds.
GROUNDS OF APPEAL †
Signature/thumbprint ..........................................................................
Appellant
.....................................................................
Witness
.....................................................................
Local Court Clerk
Dated this ...................................day of .............................., 19.........
* Delete word not applicable.
† If space is insufficient, continue overleaf.
FORM L.C.24
REPUBLIC OF ZAMBIA
NOTICE OF APPEAL IN CIVIL CASES
1. To the Clerk of the Court of the subordinate court of the ............................................. Class
for the ................................................................. District, holden at.............................................
2. Name of Appellant.....................................................................................................................
3. Name of Respondent................................................................................................................
4. Appeal against *order/decision by the Local Court...................................................................
5. Nature of claim..........................................................................................................................
6. *Order/decision of Court...........................................................................................................
7. Date of order/decision..............................................................................................................
8. Address of Appellant................................................................................................................
I, the above-named Appellant, hereby give you notice that I desire to appeal to the subordinate court of
the ................................................. Class for the ......................................................... District, holden at ..................................... against the said *order
*decision
on the following grounds.
GROUNDS OF APPEAL †
Signature/thumbprint ..........................................................................
Appellant
.....................................................................
Witness
.....................................................................
Local Court Clerk
Dated this ...................................day of .............................., 19.........
* Delete word not applicable.
† If space is insufficient, continue overleaf.
LOCAL COURTS (ADMINISTRATION OF ESTATES) RULES
[Section 68]
Arrangement of Rules
Rule
1. Title
2. Order
3. Administrator
4. Prescribed form
5. Estate of minor, etc.
6. Statement
SI 297 of 1969.
[Rules by the Chief Justice]
These Rules may be cited as the Local Courts (Administration of Estates) Rules.
Before making an order under section 36(1) of the Act, a local court shall determine whether the deceased person died intestate and whether he was a person whose estate falls to be administered or distributed in terms of African customary law.
(1) When a local court appoints an administrator of an estate under the provisions of section 36(1) of the Act, the court shall at the time consider what, if any, provisions should be made for the purposes of paragraphs (b), (c) and (d) of section 36(2) and may incorporate any such provisions in the order.
(2) Nothing in sub-rule (1) shall prohibit a local court from making further orders for the purposes of section 36(2) of the Act.
An order appointing an administrator under section 36 (1) of the Act shall be substantially in the form in the Schedule.
An administrator appointed under section 36(1) of the Act shall, before making any payment in respect of the share in an estate of a minor or other person under a disability, inform the local court of the circumstances and shall ascertain from the court what, if any, orders it wishes to make in this respect under the provisions of paragraph (e) of section 36(2) of the Act.
An administrator shall, as soon as may be after completing the administration of an estate, furnish to the local court a statement of the assets of the estate and how they have been distributed or otherwise dealt with.
[Rule 4]
ORDER OF APPOINTMENT OF ADMINISTRATOR
Case Record Number .............
In the ....................................................................................................................... Local Court.
Before Court Justices....................................................................................................................
.......................................................................................................................................................
In the matter of the estate of the late.............................................................................................
............................................................................. [A B] .................................................................
who resided at...............................................................................................................................
.......................................................................................................................................................
NOW WHEREAS the Court is satisfied that the late....................................................................
............................................................................. [A B] ................................................................
died on the ............................................................................. day of................................19.......,
and that he died intestate and was a person whose estate falls to be administered or distributed in terms of African customary law.
AND WHEREAS .............................................................................[CD]...........................................
being a person properly interested in the estate of ...........................................................................
..............................................................[A B] .....................................................................................
has made a request to the Court under the provisions of section 36 (1) of the Local Courts Act.
NOW THEREFORE this Court, by virtue of the powers vested in it under section 36 of the Local Courts Act, hereby appoints ............................................................................. [C D or E F (as the case may be)]...............................
of.........................................................................................................................................................
to be administrator of the estate of the said ......................................................................................
.............................................................. [A B].....................................................................................
AND ALL PERSONS wishing to make claims on the said estate must submit them in writing, to the said administrator, not later than the ................................................ day of........................................... 19....., and similarly all persons who are indebted to the deceased must make payment of such debts to the said administrator by the same date.
In the administration of the said estate the administrator shall comply with the following matters:
[Here insert such orders or requirements (if any) as the Court thinks fit in respect of the matters provided for in section 36 (2) of the Local Courts Act.]
Given under our hand this ........................................ day of ..............................................................
19 ........
.............................................................................................
.............................................................................................
.............................................................................................
Local Court Justices
{/mprestriction}