Petro Robert Myavilwa vsZera myavilwa & Another, civil application no 117/06 of 2022

As regards the consequence of the changes brought by section 10  the Legal Sector Laws (Miscellaneous Amendments) Act 2023, Mr. Chapa was so brief. He submitted that the said changes have rendered the leave requirement unnecessary, and therefore this application before the Court has been outdone by the changes and ought to be striked out.

I will start with the amendments brought by the Legal Sector Laws (Miscellaneous Amendments) Act No. 11 of 2023, particularly section 10 which amended section 5 of the AJA effective 1st December, 2023. For ease of understanding, I will reproduce the amendment concerned as 

hereunder: –

“Sec 10 The principal Act is amended in section 5

(a) By deleting subsection (1) and substituting

for it the following:

“(1) In civil proceedings, except where any

other written law provides otherwise, an appeal shall lie to the Court od Appeal against every order or decree, including an ex-parte orprelim inary decree made by the High Court, in the exercise o f its original, appellate or revisionai jurisdiction” It is my interpretation, basing on the above exposition that, the  changes have done away with leave requirement for one to appeal to  Court against the decision of the High Court regardless of whether the  impugned decision is an order, decree, an ex-parte decree or a preliminary decree when exercising its original, appellate or revisionai jurisdiction. 

In other words, obtaining leave has ceased to be a requisite before one can appeal to Court effective the 1st December, 2023.