(b)the burden of disproving the service shall lie with the served party. SUBORDINATE COURTS (CIVIL JURISDICTION) RULES, [Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]. The particulars of claim to be entered on or attached to the writ of summons shall set out the nature and extent of the relief asked for and shall be such as to give the defendant reasonably sufficient information as to the details of the claim, and the amount claimed for costs and court fees shall be shown on the writ. When a witness deposes to his belief in any matter of fact, and his belief is derived from any source other than his own personal knowledge, he shall set forth explicitly the facts and circumstances forming the ground of his belief. [First Schedule, Form 21], 5. (a)the limited time shall not include the day of the date or of the happening of the event, but shall commence at the beginning of the day next following that day; (b)the act or proceeding must be done or taken at latest on the last day of the limited time; (c)when the limited time is less than six days, the following days shall not be reckoned as part of the time, namely, Saturdays, Sundays and any public holidays; Time expiring on Saturday, Sunday or holiday. The building known as the subordinate court adjoining the Boma, Solwezi. Where change of interest, court may make order enabling suit to proceed. Books of science, maps, charts, etc. (3) Money may be paid into court under this rule by one or more of several defendants sued jointly or in the alternative and shall, in such case, be accompanied by a note stating the name and address or names and addresses of the defendant or defendants who have so paid. The appellant, KPF Niaga Sdn Bhd (KPF), is the plaintiff in the first originating summons, who made an application to the Court to set aside the Adjudication Decision dated 10.9.2019 (AD), and the respondent, Vigour Builders Sdn Bhd (Vigour), is the plaintiff in the second originating summons who made an application to the Court to enforce the said AD. 1. The building situate on Plot No. Date and place- It shall state the date of the swearing and the place where it is sworn. Provided always that any order for an injunction may be discharged, varied or set aside by the court on application made thereto by any party dissatisfied with such order. So help me God. (4) The notice shall be in the prescribed form and shall state the nature and grounds of the claim or the nature of the question or issue sought to be determined, the nature and extent of any relief or remedy claimed and the return day fixed by the court. (c)that any question or issue relating to or connected with the said subject-matter is substantially the same as some question or issue arising between the plaintiff and the defendant, and should properly be determined not only as between the plaintiff and the defendant but as between the plaintiff and the defendant and the third party or between any or either of them; the defendant may on the return day apply to the court on notice for leave to issue and serve a "third-party notice" and shall file a copy of the third-party notice with the application. Except as otherwise provided by these rules, costs shall be allowed to legal practitioners and taxed in accordance with the scale of costs set forth in the Fourth Schedule. (9) The Subordinate Court Presided over by the Resident Magistrate, Chipata. 5. Witnesses' and assessors' allowances and expenses. ORDER XXIVEQUITABLE RELIEF, COUNTER-CLAIM, SET-OFF. [Rule 5(2) am by GN 155 of 1968; rule 4(b)(ii) of SI 29 of 2012.]. The building known as the subordinate court adjoining the precincts of the Boma, Kalulushi. Summary of the Key Amendments to the SCA 1948. 19. (2) The subordinate court presided over by the Senior Resident Magistrate, Ndola. Where, after the institution of a suit, any change or transmission of interest or liability occurs in relation to any party to the suit, or any party to the suit dies or becomes incapable of carrying on the suit, or the suit in any other way becomes defective or incapable of being carried on, any person interested may obtain from the court any order requisite for curing the defect, or enabling or compelling proper parties to carry on the proceedings: Provided that any person served with such an order may, within such time as the court in the order directs, apply to the court to discharge or vary the order. After receiving the Royal Assent on 10 October 2020, the Subordinate Courts (Amendment) Act 2020 (Amended Act) was gazetted on 22 October 2020. Provided that it shall be deemed to be sufficient compliance with this requirement if he shall endorse the return day on any copy of the writ retained by the plaintiff and shall initial the same. 3. (1) A defendant in an action in which there is no claim for relief other than the payment of money may, at any time before judgment, pay into court unconditionally or with an admission of liability the whole of the amount claimed in the summons and thereupon all further proceedings in the action shall be stayed save as to any costs not included in such payment. (11) The subordinate court presided over by the Resident Magistrate, Mansa. Whenever any pleading is ordered to be filed, the provisions of the following rules shall be observed-, (a)The pleading to state all material facts. If there are more defendants than one, resident in different districts, the suit may be commenced in any court having jurisdiction in any one of such districts; subject, however, to any order which the court may, upon the application of any of the parties, or on its own motion, think fit to make with a view to the most convenient arrangement for the trial of such suit; In case any suit shall be commenced in any other court than that in which it ought to have been commenced, the same may, notwithstanding, be tried in the court in which it shall have been so commenced, unless the court shall otherwise direct, or the defendant shall plead specially in objection to the jurisdiction before or at the time when he is required to state his answer to or to plead to such suit; No proceedings which may have been taken previously to such plea in objection shall be in any way affected thereby; but a Judge of the High Court may order that the suit be transferred to the court to which it may be proved to belong, or, failing such proof, that it be retained and proceed in the court in which it has been commenced. If the defendant, in any suit for an amount or value of twenty kwacha or upwards, with intent to obstruct or delay the execution of any decree that may be passed against him, is about to dispose of his property, or any part thereof, or to remove any such property from Zambia, the plaintiff may apply to the court, either at the time of the institution of the suit, or at any time thereafter until final judgment, to call upon the defendant to furnish sufficient security to fulfil any decree that may be made against him in the suit, and, on his failing to give such security, to direct that any property, movable or immovable, belonging to the defendant, shall be attached until the further order of the court. (1) Every writ shall be issued by the clerk of the court who shall sign the same and endorse thereon the date of issue and cause to be entered on the Register both an electronic and hard copy of the writ. All maps made under the authority of any government or of any public municipal body, and not made for the purpose of any litigated question, shall prima facie be deemed to be correct, and shall be admitted in evidence without further proof. In default of such notice, the person served shall be deemed to be served as a partner. Where defendant fails to show cause or give security, If the defendant fails to show such cause, or to furnish the required security within the time fixed by the court, the court may direct that the property specified in the application, if not already attached, or such portion thereof as shall be sufficient to fulfil the decree, shall be attached until further order. (ii)the application is accompanied by the cancelled document which shall be attached by the proper officer of the court to the voucher in support of the refund and shall thenceforth be the property of the Government. On the application of either party, or on its own motion, the court may order witnesses on both sides to be kept out of court; but this rule does not extend to the parties themselves or to their professional representatives, although intended to be called as witnesses. If, in any cause or matter, any party, witness or other person is unable to speak or understand the English language, the court may direct a fit and proper person to attend and interpret the proceedings so far as may be necessary. Every affidavit used in the court shall contain only a statement of facts and circumstances to which the witness deposes, either of his own personal knowledge or from information which he believes to be true. (10) The subordinate court presided over by the Resident Magistrate, Choma. Where any amount referred to in rule 4 is paid into court and the plaintiff does not accept such amount (whether such non-acceptance extends to the whole amount or to any one or more of specified amounts paid into court) in satisfaction of the whole of his claim or in satisfaction of such cause or causes of action to which such specified sum or sums paid into court relate, the action shall proceed in respect of any unsatisfied part of the plaintiff's claim and if on trial judgment is given in favour of the plaintiff-. The order may be made at any stage of a suit, either before or at the hearing. 1. (2) Where a person served with a notice under this rule by a third party in turn makes such a claim as is defined in sub-rule (1) of rule 1 against another person not already a party to the suit, this order as applied by this rule shall have effect as regards such further person and any other further person or persons so served and so on successively. Suit shall ordinarily be heard and determined in a summary manner without pleadings; but, where it appears to the court (for reasons recorded in the minutes) that the nature and circumstances of any case render it expedient in the interests of justice to do so, the court may order the plaintiff to file a written statement of his claim, and may likewise order the defendant to file a written statement of his defence. When court may direct service out of Zambia [O.7]. The plaintiff shall not, at the hearing, obtain a judgment for any sum exceeding that stated in the particulars except for subsequent interest and for costs. On matters of public history, literature, science or art, the court may refer, if it shall think fit, for the purposes of evidence, to such published books, maps or charts as the court shall consider to be of authority on the subject to which they relate. Within all districts within the Copperbelt Province, the North-Western Province, the Northern Province and the Luapula Province. 3 and court no. Discovery and production of documents, Affiliation and Maintenance of Children Act. The proper officer of the court, whose duty it is to receive any document requiring to be stamped hereunder, shall ensure that each and every such document is sufficiently and properly stamped before accepting the same. This Act amends the Subordinate Courts Act in provisions concerning the administration and proceedings of a Subordinate Court of the first class, the jurisdiction of a Subordinate Court of the first class, and jurisdiction of a Subordinate Court of the second class. 2. (1) Every writ of summons shall be in such one of the prescribed forms in the First Schedule or forms to the like effect as may be applicable to the case with such variations as circumstances may require.

After the receipt of such notice, such defendant shall not be entitled to any further costs, with respect to the matter so discontinued or withdrawn, than those incurred up to the receipt of such notice unless the court shall otherwise order; and such defendant may apply ex parte for an order against the plaintiff for the costs incurred before the receipt of such notice and of attending the court to obtain the order. It shall be lawful for a court, before issuing the warrant, to require the plaintiff to deposit in court such sum as the court may think sufficient for the costs of executing the warrant and of bringing the defendant before the court and, where necessary, of sending him in custody to the court in which the suit is depending. (3) The subordinate court presided over by the Senior Resident Magistrate, Kitwe. Where any amount, being less than the whole amount of the claim and costs, is paid into court unconditionally or with an admission of liability or where the whole amount of the claim and costs is paid into court unconditionally or with an admission of liability but there is a claim for some relief other than the payment of money and the plaintiff elects to accept the amount or any one or more specified amounts paid into court in satisfaction of the whole of his claim or of the cause or causes of action to which the specified amount or amounts relate, the following provisions shall apply- [O.25]. (1) Subject to section 5 of the Electronic Communications and Transactions Act, 2009, where under these Rules any process, notice, record or other document is required to be in writing, such process or document may be in electronic or hard copy format, as applicable.