High Court of Zambia - 2001

4 judgments

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4 judgments
Citation
Judgment date
December 2001
Ex parte injunction discharged where applicant failed to prosecute the matter and produce essential documentary evidence, unfairly prejudicing the defendant.
Civil procedure – interlocutory ex parte injunction – discharge for failure to prosecute and absence of supporting documentary evidence – fairness to respondent.
26 December 2001
November 2001
Decree nisi granted where two years' continuous separation proved on a balance of probabilities with respondent's consent.
Divorce — irretrievable breakdown — continuous separation for two years as ground for divorce — balance of probabilities — respondent's consent — decree nisi; custody and matrimonial property adjourned.
1 November 2001
October 2001
Whether overtaking with defective tyres in wet conditions amounted to dangerous driving causing deaths.
Criminal law — Causing death by dangerous driving (s.199) — Overtaking multiple vehicles — Vehicle defects (misaligned steering, worn tyres) — Wet road conditions — Causation — Proof beyond reasonable doubt.
11 October 2001
September 2001
Appeal allowed: no proved contract for consultancy fees and plaintiff lacked privity to sue.
Contract law – oral consultancy agreement – requirement of organisational written contracts and budget approval – evidentiary weight of unstamped/sample documents; Burden of proof – balance of probabilities; Privity – company not party to consultant’s dealings; Appellate review of findings of fact (Nkhata test).
4 September 2001