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George Bulaya (1st Applicant), Sonia Doras (2nd Applicant), Bishop Mateyo (3rd Applicant), Fred Changocho (4th Applicant), Francis Mumba (5th Applicant), Reverend Sichela (6th Applicant) and Attorney-General (Respondent)

Country/Territory
Zambia
Type of court
National - higher court
Date
Mar 3, 2006
Source
UNEP, InforMEA
Court name
High Court for Zambia
Seat of court
Lusaka
Judge
Kabalata, T., A.
Reference number
2005/HP/1113
Language
English
Subject
Land & soil
Keyword
Legal proceedings/administrative proceedings
Abstract
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.
Full text
COU-144037E.pdf