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High Court of Zambia - 1983 November

3 judgments
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3 judgments
November 1983
Zambia Breweries v Central and Provincial Agencies (1983/HP/1490) [1983] ZMHC 10 (29 November 1983)
Where a party obtains judgment and execution while an earlier suit on the same facts is pending, this may be an abuse of process warranting setting aside and costs against that party.
  • Civil procedure — Abuse of process; Default judgment — Setting aside where triable issues disclosed; Execution levied in face of pending action; Costs against party abusing process.
29 November 1983
Central and Provincial Agencies (HP 1490 of 1983) [1983] ZMHC 8 (28 November 1983)
Instituting duplicate proceedings while an earlier suit is pending is an abuse of process, justifying setting aside default judgment and adverse costs.
  • Civil procedure — abuse of process — instituting duplicate proceedings while an earlier suit pending; default judgment — setting aside where triable issues disclosed; costs for abuse of process; stay pending payment of costs
28 November 1983
Nyasalu v Attorney-General (HP 700 of 1977) [1983] ZMHC 7 (2 November 1983)
Alleged failure to ask about penicillin allergy or give test dose insufficient to prove medical negligence without direct evidence.
  • Tort — Medical negligence — Duty of care owed by doctor to patient — Inquiry about penicillin allergy and test dose are usual precautions but not infallible — No inference of negligence from silent records without direct evidence — Proof on balance of probabilities
2 November 1983