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High Court of Zambia - 1981 June

4 judgments
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4 judgments
June 1981
Magnum (Zambia) Ltd v Basit Quadri and Anor (HN 456 of 1981) [1981] ZMHC 18 (24 June 1981)
A company under receivership lacks independent locus to sue its receiver; the receiver alone may sue or defend in the company's name.
  • Civil procedure — Receivership — Receiver/manager appointed under debenture — Locus standi of company under receivership — Whether company may sue its receiver — Receiver acts for debenture holder; only receiver may sue or defend in company’s name.
24 June 1981
Magnum (Zambia) Limited v Quadri and Another (HN 456 of 1981) [1981] ZMHC 5 (23 June 1981)
A company under receivership lacks independent locus standi and cannot sue its receiver; the receiver alone sues or defends.
  • Company law — Receivership — Receiver appointed under debenture — Agency of receiver for debenture holder — Locus standi of company under receivership — Company cannot sue its receiver; receiver sues/defends in company's name
23 June 1981
Mwiinga v People (HPA 77 of 1979) [1981] ZMHC 4 (14 June 1981)
Forfeiture of a third party's firearm set aside where owner was not given a right to be heard and discretion was improperly exercised.
  • Forfeiture of firearms — distinction between mandatory forfeiture under National Parks and Wildlife Act s.145(1) and discretionary forfeiture under Firearms Act s.54(2); third-party ownership — requirement to afford owner right to be heard; judicial exercise of discretion
14 June 1981
Valsamos Koufou v Anthon Greenberg (1981/HK/515) [1981] ZMHC 19 (4 June 1981)
An applicant cannot recover under a contract void for contravening exchange control law; judgment set aside for illegality.
  • Contract law — Illegality — Exchange Control Act contravention — ex turpi causa non oritur — agreement void ab initio — recovery of consideration barred — inherent power to set aside default judgment — garnishee order refusal confirmed.
4 June 1981