applies to the High Court to be a Notary Public and is appointed as such by the High Court). And not just a Commissioner for Oaths. E.g. SWORN/AFFIRMED by PETER BWALYA At Pretoria this 6th day of June 2006 Before me:__________________ Notary Public A notary public has a “seal” and the affidavit is sealed with this seal. Sub rule 21 - Objections to Evidence If it becomes necessary that some evidence should not be allowed to go on record, if you are the objecting party, you must make your objection as soon as you realize that the witness is giving testimony that you feel should not be admitted. You must rise and make your objection and must state the reason for your objection. You should not wait for the witness to give his testimony and then object. Before the court gives its ruling on the objection, it will accord the other party the chance to respond to the objection and it must also give reasons if it thinks that the evidence should be admitted. The court will then make a ruling sustaining or rejecting the evidence. As the court is a court of record, the ruling should not just be oral but must be written down in the record and may be the subject of an appeal in the High Court. If you fail to raise an objection and the evidence goes on record, it is still possible to challenge the evidence on appeal. This is done by indicating in your grounds of appeal why evidence should not have been admitted. Besides oral evidence, you can object to any document that the other side wishes to tender as evidence. Reasons for objecting to documentary evidence: if it is a copy. Documents should be original. If the original is not available e.g. lost, destroyed etc. the party relying on the copy should tender an explanation as to why they are not in a position to produce the original. If not done, the court on its own motion or the other party may remind counsel that photocopies are not admissible. Manner of Taking Evidence
This summons was drafted by XYZ Advocates 9th Floor, Premium House, LUSAKA Advocates for the Plaintiff The summons must be supported by an Affidavit i.e. Affidavit in Support of an Ex Parte Summons For an Order for the Arrest of an Absconding Defendant/Debtor The affidavit must show full compliance with the requirements of s. 10 of Cap 77. I.e. Must satisfy the court that you have a good cause of action against the defendant to the amount of K ____________. The court must be satisfied that there is probable cause that the defendant is about to quit Zambia That, if the defendant leaves Zambia, the plaintiff will be prejudiced in the prosecution of his case. If the reason for applying is that the defendant has or is about to dispose of or remove property (or part thereof) from Zambia, the affidavit must disclose that this has been done or is contemplated with the intent to obstruct or delay the execution of the judgment that may be entered in favour of the plaintiff. If the court is satisfied with the reasons in the affidavit, it will proceed to order the arrest and imprisonment of the defendant for a period not more than 6 months and the order will have the option for the defendant to provide the court with sufficient security to the amount claimed and an undertaking that he will not leave the country without the leave of the Court. As soon as the court is furnished with sufficient security, it will order the release of the defendant from custody. [Note: an injunction is to avoid irreparable damage not to recover a debt.] Section 10 has two provisos: The court may release the defendant at any time on such terms as may seem just and in any event no such defendant will be detained in custody AFTER the date of final judgment.