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Court of Appeal of Zambia - 2019 September

3 judgments
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3 judgments
September 2019
Derrick Chela v Emmanuel Chomba Chileshe and Ors (CAZ/08/241/2018) [2019] ZMCA 443 (30 September 2019)
Whether late delivery of the lower court record justifies leave to file the appeal record and heads out of time.
  • Civil procedure — Court of Appeal may extend filing time — Order 13 Rule 3(1)(b),(c) — Late delivery of lower court record as sufficient reason — Leave to file record and heads out of time — Costs in the cause.
30 September 2019
Rakir Husein Motala v Jabir Ali Bux (APPEAL NO. 158/2018) [2019] ZMCA 308 (18 September 2019)
Court of Appeal held the parties formed a partnership; capital (not a loan), profits and losses to be shared and matter remitted for accounting.
  • Partnership law — Partnership Act 1890 — capital investment v. loan — intention to carry on business in common with view to profit — sharing profits and losses — appellate reversal — remittal for account and taxation of costs.
18 September 2019
Kabayi Farming Limited v ZESCO Limited (CAZ/197/2017) [2019] ZMCA 444 (5 September 2019)
Failure to file the record of appeal and to seek timely extension justified dismissal for want of prosecution.
  • Civil procedure — Dismissal for want of prosecution — Failure to file record of appeal — Extension of time and leave to file — Article 118(2)(e) (procedural technicalities) — Need for prompt application and adequate evidence of inability to obtain record.
5 September 2019