Results.
22 judgments found.
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| June 2025 |
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An unauthenticated foreign share sale agreement is invalid in Zambia and cannot be compelled produced against non-parties.
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Authentication of Documents Act — foreign share sale agreement — unauthenticated foreign document invalid for use in Zambia; privity of contract — parties not bound — subpoena duces tecum; estoppel cannot validate unauthenticated statutory defect; corporate personality — piercing the veil requires strong evidence.
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30 June 2025 |
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Variation was valid despite earlier system entries; interest cap under s110(1)(b) was not breached and appeal dismissed.
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Banking law — variation of loan facilities — requirements of offer, acceptance and consideration — effect of borrower’s subsequent acceptance — Banking and Financial Services Act s110(1)(b) — definition and timing of non-performing loan and interest capping.
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27 June 2025 |
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A principal who takes over an agent’s contract and admits payments is liable despite privity of contract.
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Contract law — Road carriage agreement — Existence of single contract — Whether third party took over contract obligations
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Agency — Principal and agent — Agent acting for principal — Principal’s liability where it takes over agent’s contractual obligations
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Civil procedure — Judgment on admission — Effect of admission and part‑payments as evidence of assumption of obligation
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27 June 2025 |
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Appellants failed to show trial court misapplied evidence; special resolutions were void and PACRA register reversal upheld.
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Companies law — membership and quorum — validity of special resolutions — company register at PACRA as prima facie evidence of title — challenges to findings of fact — standard for appellate interference (perverse/misapprehension) — forgery allegations and handwriting evidence — arbitration clause in articles not invoked via statutory procedure.
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26 June 2025 |
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A stay pending leave to appeal requires clear prospects of success and irreparable harm; ex parte stay discharged.
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Stay of execution pending appeal — discretionary remedy — prospect of success and irreparable harm required — appeal does not automatically stay execution — ex parte stay discharged.
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24 June 2025 |
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Appellant failed to prove copyright infringement; Court of Appeal set aside damages and upheld the cross-appeal.
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Copyright law — copyright ownership and commissioned works — burden of proof in infringement actions; evidentiary sufficiency and expunged documents; s.26 delivery-up remedies; s.25(4) reasonable belief defence; damages for infringement, conversion and passing off.
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20 June 2025 |
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Appellant’s dispatch documents shifted the evidential burden; respondent failed to prove non-receipt and no contractual duty to transport existed.
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Contract law — sale of goods — terms implied by practice: release on production of documents; Burden of proof — evidential burden may shift where defendant adduces positive evidence; Evidence — delivery notes, invoices and weighbridge slips can prove dispatch; Civil procedure — appeal irregularity dismissed where application made out of time.
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20 June 2025 |
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A court lacking jurisdiction on the merits may nonetheless award costs; such discretion must be exercised judicially.
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Jurisdiction — lack of jurisdiction as to merits does not preclude court from awarding costs; costs lie in judicial discretion; customary land disputes and Local Courts' original jurisdiction.
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18 June 2025 |
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Recognition evidence by familiar witnesses and cogent circumstantial facts upheld murder convictions despite no identification parade.
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Criminal law — Identification/recognition evidence — reliability in poor lighting; absence of identification parade not fatal where witnesses know accused — Circumstantial evidence — cogency and exclusion of reasonable hypothesis — Alibi as afterthought.
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17 June 2025 |
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Appeal dismissed: trial judgment sufficient despite missing pages; witnesses and medical evidence credible; 18‑month custodial sentence upheld.
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Criminal law — assault occasioning actual bodily harm — credibility of prosecution witnesses — admissibility and sufficiency of medical report where author testifies — missing trial record — appellate review — sentence appropriateness and aggravating factor of acting with impunity in police premises.
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17 June 2025 |
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The respondents’ procurement directive and suppliers' conduct constituted an anti-competitive agreement in breach of Section 8; fines upheld.
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Competition law — Restrictive business practices — Section 8 (prohibition of agreements, decisions or concerted practices with object or effect of preventing, restricting or distorting competition) — inference of concurrence of wills from circumstantial evidence — vertical arrangement vs horizontal agreement — Section 16 (abuse of dominance) — penalties under Section 58 — appealability of costs rulings.
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17 June 2025 |
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Court dismissed leave to appeal and stay applications due to res judicata and procedural irregularity in bypassing the High Court.
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Civil procedure — leave to appeal — stay of proceedings — requirement to first apply to the High Court (Order 13 Rule 12 CAR) — res judicata — arbitration clause — notice of discontinuance — derivative action — Arbitration Act.
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17 June 2025 |
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Appellate court confined dispute to pleadings, ordered replacement of four admitted beacons and rejected unproven claims and damages.
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Civil procedure — function of pleadings; burden of proof — party who alleges must prove; land boundaries — replacement of beacons where removal admitted; Surveyor General's role in restoring beacons; caveat — damages must be pleaded and proved; costs — discretionary, appeal costs limited to out-of-pocket expenses.
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11 June 2025 |
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Applicant’s out-of-time restoration under wrong Rule was incompetent; application dismissed with costs.
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Civil procedure — Restoration of matters struck off active cause list — Order 10/19(2) CAR applicable to appeals at hearing, not interlocutory applications; failure to comply with 'unless' order and absence of leave to extend time renders restoration application incompetent.
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11 June 2025 |
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Vendor's advocates holding purchase monies as stakeholders may be liable to refund when a conveyancing transaction fails.
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Conveyancing — vendor's advocate as stakeholder — LAZ General Conditions of Sale — stakeholder owes fiduciary duties to both parties — cause of action against advocate for failure to refund deposit — misjoinder and costs.
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11 June 2025 |
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Court dismissed appeal, holding no strict 90‑day limit for leave under section 85(3) and that respondent’s reasons were cogent.
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Industrial and labour law — extension of time under section 85(3) ILRA — no prescribed time limit for leave applications — sufficiency of reasons for delay; Civil procedure — ex parte applications and natural justice — procedural irregularity that would not affect outcome; Appeal to Judge in chambers — rehearing and burden of proof; Amicable settlement attempts and financial constraints as cogent reasons for extension of time.
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9 June 2025 |
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A section 10 arbitration application may be brought at any stage; a broadly drafted pension fund arbitration clause survives post-employment and mandates referral to arbitration.
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Arbitration Act s.10 — stay and refer to arbitration; pension trust deed arbitration clause; survivability of arbitration clauses post-employment; High Court (Amendment) Rules 2020 — appearance and defence not prerequisite to s.10 application; ejusdem generis and clause construction; arbitrability of constitutional/statutory claims; preliminary objection practice.
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6 June 2025 |
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An application for special leave to review ought to be heard by the original judge; costs are inappropriate where proceedings are merely stayed under section 10.
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Arbitration Act s10 — stay and referral to arbitration; High Court Rules Order 39 — special leave to review; jurisdiction — review before the judge who made impugned ruling; costs — award inappropriate where proceedings are stayed under section 10.
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6 June 2025 |
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Zambian courts had jurisdiction over domestic guarantee agreements; respondent had locus standi; arbitration clause in main subcontract inapplicable.
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Arbitration clause — foreign jurisdiction not an automatic ouster; forum conveniens considerations; Separate guarantee agreements — independent from main subcontract; Locus standi — beneficiary party under guarantees entitled to sue; Specific performance of guarantees; Costs awarded to successful party.
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6 June 2025 |
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Writ under consent judgment upheld; distress was lawful but any excess value must be assessed and refunded with interest.
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Enforcement of consent judgment — Writ of possession issued under consent order — Requirement for leave/notice (Order 45 RSC/Order 88 RSC) — Joinder of occupier — Warrant of distress for unpaid rent — Excessive distress and assessment of proceeds — Right of first refusal and effect of tenant's default — Damages for wrongful execution.
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6 June 2025 |
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5 June 2025 |
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Oral orders take effect on delivery; absent fresh evidence, review refused and tribunal had jurisdiction to hear the late-filed complaint.
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Civil procedure — Review (Order 39 R.1) — fresh material evidence threshold; Effect of oral pronouncement — judgment/order takes effect on delivery; Industrial and Labour Relations Act s.85(3) — leave to file out of time; Vacation filings — leave authorises filing during vacation; Jurisdiction — defects in originating process and timing of leave
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5 June 2025 |