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Court of Appeal of Zambia - 2020 March

4 judgments
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4 judgments
March 2020
African Milling Company Limited v Chambala Sikazwe and Ors (CAZ Appeal No. 173/2019) [2020] ZMCA 167 (31 March 2020)
The appellant was bound by its agent’s ostensible authority and held liable to suppliers despite the agent's misconduct.
  • Agency — ostensible/apparent authority — estoppel — principal bound by agent's acts — principal liable to third parties despite agent's fraud — right of principal to seek indemnity from agent — appellate interference with trial factual findings (perversity).
31 March 2020
Tobias Hanyimbo Milambo & 2 Others v The People (HP 1804 of 2019) [2020] ZMCA 131 (23 March 2020)
23 March 2020
Datong Construction v Fraser Associates (Suing as a firm) (APPEAL NO. 163 OF 2019) [2020] ZMCA 190 (13 March 2020)
13 March 2020
Davison Mkandawire Ors v Julia Malembeka and Anor (APPEAL NO. 47 OF 2019) [2020] ZMCA 184 (13 March 2020)
Appellate court dismissed challenge to conclusive certificate of title; unpleaded or unproven defences cannot be raised on appeal.
  • Land law — Certificate of title — Section 33 Lands and Deeds Registry Act — conclusiveness of title; pleadings — fraud and impropriety must be specifically pleaded; limitation — statute of limitations defence must be pleaded and proved; appellate procedure — issues not raised below cannot be raised on appeal; adverse possession barred by certificate of title (s.35).
13 March 2020