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High Court of Zambia - 1982 October

2 judgments
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2 judgments
October 1982
Mundia v Sentor Motors Limited (HP 44 of 1981) [1982] ZMHC 11 (14 October 1982)
Declaratory relief denied where pleadings were unsupported by evidence and the car had been sold to an innocent third party.
  • Civil procedure — Declaratory relief discretionary; Pleadings must give fair notice; Variance between pleadings and evidence fatal; Inequity of declaring ownership where innocent third party purchased; 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 can be cancelled in favor of a better title, nullifying subsequent assignment and mortgage.
  • Land law — Deeds and documents — Improper execution of assignment — Nullity and consequences; Provisional certificate of title — subject to claim of better title; Bona fide purchaser and indefeasibility; Mortgage given by person without title — void
13 October 1982