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Court of Appeal of Zambia - 2020 July

6 judgments
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6 judgments
Citation
Judgment date
July 2020
Paul Van Zyl & Another v Chingandu (Appeal 215 of 2019) [2020] ZMCA 129 (27 July 2020)
Whether a preschool on community land is a community or private school and whether the respondent may continue operating it.
Contract interpretation — implied terms; Community versus private school status; Weight of Ministry of Education monitoring reports in civil proceedings; Affidavit evidence under originating summons; Occupation rights on community land.
 27 July 2020
Paul Penyani v The People (Appeal 3 of 2020) [2020] ZMCA 107 (23 July 2020)
23 July 2020
First National Bank Zambia Limited v Libian African Investments Company Zambia (Appeal 64 of 2020) [2020] ZMCA 130 (22 July 2020)
22 July 2020
Maamba Collieries Limited v Southern African Delivery Company (PVTY) Ltd (CAZ APPEAL NO. 122/2019) [2020] ZMCA 146 (15 July 2020)
Possession, not ownership, suffices to sue for wrongful detention; unproven special damages must be assessed, not arbitrarily awarded.
Property law – wrongful interference with goods (conversion/detinue) – possession/immediate right to possession sufficient for locus standi; damages for detention of profit-earning chattels – market/hire rate, mitigation, and assessment by Deputy Registrar; misdirection in awarding unsubstantiated special damages; storage charges and lien claims rejected.
 15 July 2020
Fred M'membe and Anor v Abel Moozi and 5 Ors (Appeal No. 175/2019) [2020] ZMCA 235 (10 July 2020)
A non‑party cannot commence a fresh action to set aside a consent winding‑up order; must seek joinder to original proceedings.
Company law — winding up — ex parte appointment of provisional liquidator — consent judgment confirming liquidation — setting aside consent order — procedure — fresh action available to parties; non-parties must seek joinder to original proceedings.
 10 July 2020
Road Development Agency v Agro Fuel Investment Limited (CAZ Appeal 114 of 2019) [2020] ZMCA 61 (10 July 2020)
A successful defendant is entitled to costs where judicial review is dismissed for lack of jurisdiction absent misconduct or other good reason.
Costs — judicial discretion — costs follow the event — dismissal for lack of jurisdiction — no misconduct: successful party entitled to costs.
 10 July 2020