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High Court of Zambia - 2001

4 judgments
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4 judgments
December 2001
Fauster Musukwa and Anor v Emmanuel J. Mwansa (1999/HP/1608) [2001] ZMHC 3 (26 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
Enala L. Tembo Ngulube v Thabale Jack Ngulube (2000/HP/D18) [2001] ZMHC 1 (1 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
Evans Kabwe v The People (HP/135/2000) [2001] ZMHC 2 (11 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
Apogo Inter-Trade Limited v Inter- African Network for Human Rights and Development (1999/HP/A11) [2001] ZMHC 4 (4 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