This was a Divorce Appeal that found it's way onto the High Court Principal Registry list as an appeal from the Subordinate Court of Zambia .The Appellant was not happy with the compensation the Local Court had ordered him to pay his now former wife (Mary Goma Mumba) .
The Main issue that the High-Court had to decided was whether or not the Courts Below (Local Court and Subordinate Court of the First Court had Jurisdiction to adjudicate on a divorce as a result of a marriage contracted in accordance with the Marriage Act,Chapter 50 of the Laws of Zambia ?
This Landmark Judgement established that the High-Court of Zambia through the Matrimonial Causes Act No.27 Of 2007 is the only Court in Zambia that has authority to hear divorce matters concerning a marriage that was solemnised in accordance with the Marriage Act;Chapter 50 of the Laws of Zambia.
Further-more , kindly Note I stated Miyanda v The Attorney but the correct case is Miyanda v The High-Court of Zambia (1984) Z.R 62 .
Legsilation referred to in this Podcast : (1) Matrimonial Causes Act No.27 of 2007 .Sections 2;3and4 (1) . (2) Local Court Act Chapter 29 of the Laws of Zambia .Section 8(1) (3) Subordinate Court Act ,Chapter 28 of the Laws of Zambia . Section 20 (d)(ii)(iv)
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