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High Court of Zambia - 2003

3 judgments
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3 judgments
April 2003
Chrispin Musonda Mambwe (for and on behlad of Cross Boarder Traders Association (Sade & Comesa) v Misheck Musonda (for and on behlad of CROSS BOARDER TRADERS ASSOCIATION (SADC COMESA) EXECUTIVE COMMITEE) (2003/HP/0251) [2003] ZMHC 3 (14 April 2003)
Applicant failed to show irreparable harm or clear right; ex parte interlocutory injunction discharged with costs.
  • Civil procedure — Interlocutory injunction — Requirements of irreparable injury and clear right — Balance of convenience where facts disputed — Discharge of ex parte injunction — Adequacy of damages — Standing/representation issues.
14 April 2003
February 2003
Evans Lupiya Chilweza and Eight Ors v Zambia Railways Limited (2000/HL/31) [2003] ZMHC 1 (28 February 2003)
Application to reopen defence denied due to unreasonable delay and improper conduct; costs awarded; leave to appeal granted.
  • Civil procedure — Application to adduce further evidence after close of defence — Reopening hearing requires no unreasonable delay, no mala fides, and no improper conduct — Unexplained delay and breaches of court directions justify refusal and costs.
28 February 2003
January 2003
Edith Siankondo v Fredrick Ndenga (2002/HLA/01) [2003] ZMHC 2 (1 January 2003)
House was not part of the deceased's estate; railway policy governs purchase rights; qualifying children may buy jointly.
  • Interstate succession — Estate definition — Property not part of estate where no contract to purchase existed at death; Zambia Railways housing policy governs purchase rights; qualifying children and surviving spouse entitlement; invalid sale without deducing title; distribution of chattels under s5(1)(a); mesne profits awarded and quantum referred for assessment.
1 January 2003