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High Court of Zambia - 2010 February

2 judgments
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2 judgments
February 2010
Edpat Trade Investment Limited v Plessey Zambia Limited (2009/HPC/121) [2010] ZMHC 115 (24 February 2010)
Plaintiff's claims dismissed where payments, credit note and mutual rescission demonstrated; plaintiff failed to prove loss.
  • Contract law — subcontractor payment disputes; application of deposit/credit note; mutual rescission by conduct; requirement to plead and not radically depart from pleaded case; burden to prove quantum and damages.
24 February 2010
Christopher James Thorne v Christopher Mulenga and Ors (2008/HPC/0841) [2010] ZMHC 116 (16 February 2010)
A shareholder cannot obtain an interlocutory injunction to restrain receivers enforcing a debenture; the action was procedurally defective and dismissed.
  • Company law — separate legal personality; Receivers and managers appointed under a floating charge — power of sale; Interlocutory injunction — American Cyanamid principles (clear right, adequacy of damages, balance of convenience); Shareholder lacks proprietary right in company assets; Procedure — negligence/damages claims against receivers require writ not originating summons.
16 February 2010