High Court dismisses Chita Lodge appeal

THE Lusaka High Court has rejected Chita Lodge’s application for leave to appeal against the court’s refusal to challenge the seizure of its properties in Ibex Hill. The properties are alleged to belong to former Zambia Air Force (ZAF) Commander, Lieutenant General Eric Chimese. In this matter, Chita Lodge Limited through its managing director, James Chungu sued the Drug Enforcement Commission (DEC) and the Attorney General for allegedly seizing its property on the premise that it was owned by LtGen. Chimese. Chita Lodge Limited argued that the seizure of the property was irregular, illegal, unfair and unreasonable as the said premises had never belonged to Chimese. But on July 12, thi syear, the Lusaka High Court dismissed Chita Lodge’s application for special leave to apply for judicial review with costs. Chita lodge then applied for special leave to appeal the judgement of the court to the Court of Appeal out of time but it was also denied. High Court Judge Maria Kawimbe ruled that every litigant has the right to appeal, but that in case of the High Court, that right must be exercised within 30 days after delivery of a decision. The Judge, however, said where the applicant does not meet the deadline, such a person must apply for an extension of time. She stated that the grant of an extension of time was discretionary and rarely exercised in favour of the applicant. In dismissing the application, Ms Justice Kawimbe said Chita Lodge has not disclosed good reasons for which it should be granted leave to appeal. “I therefore find no merit in the application and dismiss forthwith. I award costs to the respondents to be taxed in default of agreement,” the Judge ruled.