You Can’t File Case Without Leave On Holidays
By Dickson Jere
The Courts in Zambia have four vacations per year.
One such vacation is called Michaelmas, which is between August 8th and 6th September, 2025. The operation of the Court system is reduced during this period and usually only vacation Judges are on duty. Therefore, to file a case, one needs to first obtain leave (permission) from the Court.
So, what is consequences if you file case without leave? That is the big question!
A former employee filed a lawsuit in the High Court on the 11th August, 2025, claiming money due to him for mutual separation, unpaid allowances and accrued leave days. The defendant filed its Defence and the case proceed to trial and concluded.
However, before Judgement can be delivered, the defendant noticed that this case was filed during the Michaelmas vacation and leave was not obtained from Court by the former employee. So it filed the notice to dismiss the case on the basis that the Court had no jurisdiction to even hear the matter.
After hearing both sides, the High Court Judge dismissed the case, agreeing that indeed the it had no jurisdiction to proceed with Judgement as no permission was granted to file the case during vacation.
Disappointed, the former employee appealed to the Court of Appeal, arguing that the lack of permission is merely an irregularity which can be cured but should not lead to the case being dismissed altogether. He also argued that the defendant participated in the proceedings and trial and therefore waived its right to object.
Three Judges in the Court of Appeal looked at the case and concluded thus;
“The purpose of the vacation is that, the courts operations are reduced and certain activities are restricted, unless by direction of the court or Judge,” the Court noted.
“… no pleadings may be issued, filed, amended or delivered during the vacation, except in the final eleven days. Outside the said eleven days, direction or leave of the court or Judge is required,” the Court ruled.
The judges noted that exceptions to this rule is only applicable where special legislation provided for interim measures of protection where filing can be done during vacation without leave of Court.
“We note that the specific provision for leave to file during the vacations is mandatory,” the Court said, adding that the High Court was right to dismiss the entire case because it had no jurisdiction to hear it.
The Court noted that there has been uncertainty over this matter in the past as different interpretations have been proffered by the Courts hence the need to settle the legal position.
Case citation- Raymond West Evans v Loanco Limited – Appeal No. 51 of 2025
Lecture Notes
- This case underscores the need for litigants to pay attention to these important rules of Court. Take note of the various vacations that the Court have in each years so that you do not get caught up like was in this case.
- There are four Court vacations in Zambia. These are; Easter, the Whitsun, Michaelmas and the Christmas vacations. Always know when they are due to avoid your case being thrown out for lack of jurisdiction.