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Court of Appeal of Zambia - 1966 July

2 judgments
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2 judgments
July 1966
Collett v Van Zyl Brothers Limited (ZR 65 (CA)) [1966] ZMCA 12 (12 July 1966)
Defects clauses do not oust common-law breach remedies without clear wording; costs order adjusted where litigation viewed as one action.
  • Building contracts — defects-discovery clause does not oust common-law damages unless unequivocal; provisional contingency sums and contract construction; oral variation and requirement for written authorisation; costs discretion — appellate review where judge failed to view litigation as whole; leave to appeal required if appeal limited to costs.
12 July 1966
Henwood v Naoumoff [1966] ZMCA 6 (12 July 1966)
Court increased Fatal Accidents Act damages because the trial judge undervalued pecuniary dependency and future earning prospects.
  • Civil procedure — Appeal on quantum: appellate interference only for legal error or wholly erroneous estimate; Fatal Accidents Act 1846 s.2 — damages limited to pecuniary dependency; assessment by annual allowances/savings and multiplier, adjusted for contingencies (remarriage, further children, premature death), estate duty, accelerated devolution and incidentals.
12 July 1966