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High Court of Zambia - 1999

3 judgments
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3 judgments
September 1999
Chartfield International (PVT) Limited v Zambia Seed Company Limited (1997/HP/2026) [1999] ZMHC 3 (16 September 1999)
A fresh action to impeach a judgment does not justify a stay of execution absent demonstrated special circumstances.
  • Stay of execution — Order 47(1) RSC — stay only for 'special circumstances' — fresh action to impeach judgment not automatically sufficient — evidential burden on applicant — enforcement of monetary judgment where indebtedness admitted.
16 September 1999
June 1999
Elizabeth Mwanza and Anor v Holiday Inn Garden Court Hotel (1997/HP/2054) [1999] ZMHC 2 (24 June 1999)
Asking unaccompanied women whether they are accompanied does not, alone, establish unconstitutional sex-based exclusion without further restrictive conduct.
  • Constitutional law — alleged sex discrimination and denial of access to public places — whether questioning unaccompanied women constitutes infringement of freedom of movement/association — credibility findings; conduct and evidence required to prove unlawful exclusion.
24 June 1999
April 1999
Magic Carpet Travels and Tours v Zambia National Commercial Bank Ltd (1998/HP/2036) [1999] ZMHC 1 (28 April 1999)
A bona fide purchaser who obtains registered title without notice of prior fraud acquires good title; caveats are not retrospective.
  • Land law — Registered transfer before caveat — Bona fide purchaser without notice of fraud acquires good title; caveat not retrospective — Equitable (unregistered) mortgage vulnerable to fraud; register caveats to protect mortgagee.
28 April 1999