The Laws of Zambia
(2) The application accompanied by supporting documents shall be delivered to the
registrar of the High Court and copies shall forthwith be served by the appellant on the
Registrar of Designs and on any person or persons who appeared or gave notice of
opposition in the proceedings before the said Registrar.
(3) The respondent shall be entitled to file an affidavit in reply within fourteen days
from the date of service or within such longer period as may be ordered by the High Court,
and the Tribunal may permit further affidavits to be filed. Copies of such affidavits shall be
served on the Registrar of Designs and on the appellant or the respondent, as the case
may be, immediately after the affidavits are filed.
5. (1) The registrar of the High Court shall, after obtaining directions from the High
Court, give to the Registrar of Designs, to the appellant and to any opposing party not less
than fourteen days' notice of the time and place appointed for the hearing of the appeal,
unless the president of the Tribunal directs that shorter notice shall be given.
Notice of hearing
(2) In any case where the setting down of the hearing of an appeal has been
delayed, any party may apply to the registrar of the High Court to fix a date for the
hearing, and thereupon the registrar of the High Court, after consulting any other party
and the High Court, shall set down the appeal for hearing after having given to the
Registrar of Designs and to any other party not less than fourteen days' notice or such
shorter notice of the time and place appointed for the hearing of the appeal as directed by
the High Court.
(3) If in the opinion of the registrar of the High Court an appeal is not being
prosecuted timeously, he may lay the matter before the High Court for directions and, if
the High Court is satisfied that the parties do not intend or are unable to proceed with the
appeal, he may direct that the parties attend before him to show cause why the appeal
should not be dismissed.
6.
Subject to the provisions of subsection (6) of section thirty-five, the evidence
used on appeal to the High Court shall be the same as that used before the Registrar of
Designs, and no further evidence shall be given except with the leave of the Court.
Evidence
7.
The High Court may, at the request of any party, order the attendance at the
hearing for the purpose of cross-examination of any person who has given evidence in the
matter to which the appeal relates.
Attendance of
witnesses
8. (1) Subject to the provisions of section forty-four, any party may, at any time
before the hearing of an appeal, apply to the High Court for an order that any opposing
party shall, within such time, in such amount and in such manner as the High Court
directs, give security for the payment of any costs which such opposing party may be
ordered to pay.
Security on appeal
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
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