High Court of Zambia - 2007

6 judgments
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Results. 6 judgments found.

6 judgments
August 2007
Court granted applicant judgment for outstanding loan, foreclosure and sale, and enforcement of guarantor and royalty obligations.
  • Mortgage enforcement — foreclosure and power of sale; recovery of outstanding loan; guarantor liability under Deed of Guarantee and Indemnity; Royalty Agreement obligation; Order 30 Rule 14 High Court Rules and Order 88 Supreme Court Rules — jurisdiction; interest at short term deposit and commercial lending rates.
28 August 2007
Landlord awarded unpaid rent, utilities, interest and mesne profits; damages claim dismissed for lack of proof.
  • Landlord and tenant — recovery of rental arrears and utilities — mesne profits following failure to negotiate new lease — failure to prove damages — interest and costs.
28 August 2007
Election voided for corrupt practices and misuse of public resources; fresh poll ordered and costs awarded to petitioners.
  • Electoral law — Section 18(2) Electoral Act — Corrupt and illegal practices — Campaign inducements (medical drugs, blankets) — Diversion of public/medical supplies — Misuse of Constituency Development Fund — Use of government vehicles and facilities for campaign — Improper involvement of teachers and traditional leaders — Void election and order for fresh poll.
27 August 2007
March 2007
Petitioner failed to prove bribery or procedural failures sufficient to annul the election; petition dismissed.
  • Electoral law — petition alleging bribery, undue influence and procedural irregularities — sufficiency of evidence to annul election — credibility of partisan witnesses versus neutral monitors and police — assisting illiterate voters (s.60) — absence of polling agents does not invalidate proceedings (s.36(2)).
30 March 2007
Petitioner failed to prove bribery or procedural defects sufficient to annul the election; absence of agents did not invalidate the vote.
  • Election law — Allegations of bribery, improper marking of ballots, sale of accreditation forms and faulty verification — Assessment of witness credibility (party supporters v. police/monitors) — Absence of polling agents does not invalidate proceedings (Electoral Act s.36(2)) — Burden and standard of proof to annul election.
30 March 2007
Undue influence by a traditional chief, false campaign statements and destroyed broadcasts voided the election due to illegal practices.
  • Electoral law — illegal practice and undue influence — false statements about candidate’s character and health — traditional chief’s campaigning as abuse of authority — apparent agency/estoppel — destruction of broadcast recordings breaching Electoral Code — election voided.
29 March 2007