High Court of Zambia - 1982 October

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2 judgments

Citation	Judgment date
October 1982
Mundia v Sentor Motors Limited (HP 44 of 1981) [1982] ZMHC 11 (14 October 1982) Declaration denied where pleadings lacked evidential support and the car had been sold to an innocent third party. Civil procedure – Declaratory relief discretionary; pleadings must give fair notice and be supported by evidence; material variance between pleadings and evidence invalidates the case; injunctions ineffective if subject matter sold to innocent third party; alternative remedy – breach of contract/specific performance.	14 October 1982
White v Westerman and Others (HP 729 of 1979) [1982] ZMHC 10 (13 October 1982) Improperly executed assignment produced no title; provisional certificates defeasible and subsequent assignment and mortgage were void. Land law – Deeds and documents – Improper execution of deed of assignment – Nullity and invalid registration; Provisional certificate of title – defeasible by claim of better title (Lands and Deeds Registry Act s.32); Assignment and mortgage by person without title – void ab initio; Remedies – cancellation of provisional certificates, rectification, mesne profits, compensation for improvements.	13 October 1982