Data source
Date of text
03 Mar 2006
Country
Seat of court
Lusaka
Original language

English

Type of text
National - higher court
Reference number
2005/HP/1113
Court name
High Court for Zambia
Justice(s)
Kabalata, T., A.
Sources
InforMEA

This was an application for leave to apply for judicial review. The applicants opposed a rezoning decision by the Minister of Tourism, Environment and Natural Resources arguing, inter alia, that the decision was ultra vires, an abuse of authority and contrary to natural justice.
An advertisement had been placed in the press giving objectors the opportunity to file their objections to the rezoning, but the applicants only filed their objection 19 days after the deadline for objections.
The High Court held that no facts had been provided by the applicants to support their allegations. Besides that, it emphasized that the applicants filed their objection outside of the 28 days period allowed by the Town and Country Planning Act Cap. 283 S29(1) and (2). As there were no special circumstances in the application that would justify an exception, the court held that it was incompetent to entertain the application on the grounds of non-compliance with procedural law.