The Importance of Pre Litigation Letters of Demand
In what is a precedent-setting decision in Lukasu Properties v Africa Banking Corporation Zambia Limited, the Supreme Court sat to determine whether failure to serve a letter of demand prior to commencement of an action is a fatal omission affecting the regularity of court process in actions before the High Court. In the Judgment, delivered in August 2024, the Supreme Court was determined that service of the letter of demand is mandatory and failure to do so is fatal which would result in a litigant’s court process being irregular and improperly before the court.1
Why failure to issue a pre-litigation letter of demand can sink your lawsuit
Before the ship for your lawsuit sets sail, your procedural anchor must be aweigh. Rules of procedure are what the Courts use to ensure orderliness, fairness and justice. In delivering in their decision, the Supreme Court gave clear interpretation to the effect of Order VI Rule 1 (d) of the High Court (Amendment) Rules (S.I. No. 58 of 2020) which provides:
