Ruida Investments Limited v Webby Kyayukwa (CAZ/08/180/2023) (3 December 2025) – ZambiaLII

IN THE COURT OF APPEAL OF ZAMBIA CAZ/08/180/2023 HOLDEN AT LUSAKA (Civil Jurisdiction) 0 3 DEC 2025 BETWEEN: RUIDA INVESTMENTS LIMITED APPLICANT AND WEBBY KYAYUKWA RESPONDENT Before Hon. Mrs. Justice A. M. Banda-Bobo in Chambers on 3rd December, 2025. For the Applicant: Mr. C. Chibelo of Messrs Mosha and Company For the Respondent: Mrs. H. C. Musa of Messrs Milner and Paul Legal Practitioners RULING 1.0 INTRODUCTION 1.1 This record was allocated to this Court as a single judge on 17th September, 2025. The Applicant filed summons for an order to adjust judgment sum. 2.0 NOTICE OF MOTION TO RAISE A PRELIMINARY OBJECTION 2.1 Before the summons could be heard, the Respondent filed a Notice of Motion to Raise Preliminary issues. I heard the • parties, on the Motion to Raise a Preliminary Issue on 4th November, 2025 and reserved the matter for Ruling. 3. 0 REFFERAL 3.1 In the course of dealing with the Ruling, it was realised that the matter should not have come to this Court as a single Judge, as the application made related to ajudgment delivered by a full Court. It should have come by way of Motion, to the full Court for determination. 3.2 Order X rule 6 of the Court of Appeal Rules, allows this Court to adjourn the matter to the full court. It is couched thus: "(6) An application made to a single judge may be adjourned by that judge, for consideration of the court." 3.3 It is in light of the above that I adjourn this matter for consideration of the application by the full court. The full Court will advise the date of hearing of the Motion. Dated at Lusaka, this 3rd day of December, 2025 . ~ .•••...•.•. •.•.•...•••.•...........••• HON. MRS. JUSTICE A. M. BANDA-BOBO COURT OF APPEAL JUDGE