Civil procedure – Enforcement of orders and judgments of the Supreme Court – To be performed by court where trial took place

Noel Nkhoma and Miles Sampa had been employees of Finance Bank Zambia Limited. In 2010, the Bank of Zambia took over the control of Finance Bank Zambia Limited. It then terminated the services of Noel Nkhoma and Miles Sampa on 10 December 2010. The two employees took their grievances separately to the Industrial Relations Court which granted their complaints and awarded them damages. This led to two separate appeals to the Supreme Court by Finance Bank and Bank of Zambia. The parties signed a consent order consolidating the appeals and stipulating terms of payment of contractual benefits of Noel Nkhoma and Miles Sampa that had accrued as at the date of termination of their respective contracts of employment and interest thereon, amongst other things. Noel Nkhoma, upon becoming aware of the case of Michael Kahula in which the Supreme Court confirmed the entitlement to accrual of pension benefits during the period that Finance Bank had not yet set up its own pension scheme, sought to enforce that pronouncement by way of motion based on the consent order.

Held:
1. The effect of section 9 of the Supreme Court Actª is that Supreme Court judgments and orders are to be enforced in the High Court as there is no provision to conduct running litigation in the Supreme Court. This applies similarly to matters that originate from the Industrial Relations Court. Supreme Court judgments and orders in those matters are to be enforced in the Industrial Relations Court. Even when the judgments or orders require to be ascertained, the assessment thereof is carried out by the court where the trial took place. Caltex Oil Zambia Limited v Teresa Transport Limited
(2002) ZR 97 applied
Motion dismissed
__________
ªSection 9 of the Supreme Court Act, Chapter 25 of the Laws of Zambia provides that:
9. The process of the Court shall run throughout Zambia and any judgment of the Court shall be
executed and enforced in like manner as if it were a judgment of the High Court.
__________