Results.
8 judgments found.
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| December 2020 |
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A consent order is ordinarily impeachable only by commencing a fresh action, not by application within the same proceedings.
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Civil procedure — consent orders/judgments — impeachment of consent order — proper procedure is commencement of a fresh action; Obiter dicta v ratio — Paluku comments not binding; Functus officio — effect of sealing/endorsement of consent order; Order 42 Rule 5A (White Book) — endorsement/signature issues do not permit setting aside within same cause; Joinder of non‑parties before fresh action.
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24 December 2020 |
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Appellant's challenge to arbitral awards dismissed; awards held within arbitration scope and not contrary to public policy.
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Arbitration — setting aside arbitral award — scope of submission to arbitration; public policy and ex turpi causa; strict rules of evidence vs substantial compliance; reliance and expectation damages; jurisdiction and arbitrability; intelligent guess quantification of damages.
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23 December 2020 |
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Whether a Certificate of Title can be cancelled for alleged fraud, tax under‑declaration, or non‑Zambian ownership eligibility.
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Land law — Certificate of Title — Section 33 and 54 Lands and Deeds Registry Act — cancellation only on proved fraud or impropriety; Alleged tax under‑declaration is a matter for ZRA and does not alone invalidate title; Burden of proof on party alleging ineligibility of non‑Zambian purchaser; Admission of additional grounds in heads if respondent had opportunity to contest.
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15 December 2020 |
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Change of corporate name does not defeat suit; court should substitute correct corporate name and remit for trial.
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Civil procedure — Order 14A RSC — summary determination of question of law; Companies law — change of name does not affect rights or render proceedings defective; Locus standi — proper corporate party and substitution/joinder; High Court inherent jurisdiction to substitute parties rather than dismiss for misjoinder.
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14 December 2020 |
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Persons who assume control of trust property can be held personally liable; claims against seized goods must be lodged within five days.
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Trusts and trustees — trustee de son tort — personal liability for assuming control of trust property; Execution of judgment — writ of fifa — validity of execution against persons who assumed trustee functions; Civil procedure — Order 42 High Court Rules — interpleader/claims against goods seized by Sheriff — five-day claim period; Corporate personality — separate legal entity of registered trustees; Proof of ownership — brand certificates and timeliness of claims.
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10 December 2020 |
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A renewed application permits new matters; Order 33/3 cannot be invoked independently of Order 14A RSC.
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Civil procedure — preliminary issue — Order 33/3 RSC not stand-alone; must be read with Order 14A — renewal v. appeal — renewal allows fresh matters.
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8 December 2020 |
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In a renewed injunction application, the court held new aspects permissible and dismissed the preliminary objection.
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Civil procedure — Court of Appeal — Preliminary objection — Order 33(3) RSC not standalone; must be read with Order 14A — Distinction between renewal and appeal — New material permissible in renewal — Preliminary objection dismissed.
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8 December 2020 |
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The appellant's challenge to the Registrar's registration was dismissed for lack of goodwill and insufficient evidence of public confusion.
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Company names — Registrar’s discretion under s.37(3) — likelihood of confusion — passing off — requirement of goodwill — sufficiency of evidence of confusion (unproven misdelivery) — distinguishing features in composite names.
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6 December 2020 |