|
Citation
|
Judgment date
|
| May 2011 |
|
|
Insurer breached contract by refusing indemnity where cover note and debit note created credit cover despite unpaid premium.
Insurance law – premium payment – condition precedent – cover note and debit note – effect of non-payment – s.76 Insurance Act – insurer’s duty to indemnify – breach of contract.
|
31 May 2011 |
|
An equitable mortgage requires surrender of title deeds; mere facility-letter mention does not create a mortgage.
Property law – Equitable mortgage requires deposit/surrender of certificate of title; mere mention in facility letter insufficient to create mortgage – Conditional loan restructuring offers not binding without head-office approval – Enforcement of debenture and guarantees – Foreclosure and possession remedies.
|
30 May 2011 |
|
A caveator must prove an enforceable interest; mere assertion that land lies in a National Park does not justify a caveat.
Lands and Deeds Registry Act ss.76,77,81 – caveat requires disclosure and proof of an enforceable/beneficial interest; Zambia Wildlife Act s.13(1)(b) – grants in National Parks permissible if consistent with Act; burden of proof on caveator to show cause; inadmissibility of legal argument in affidavits (Order 5 Rules 15–16).
|
26 May 2011 |
|
Court allowed convicted appellant to travel abroad for urgent angiographic diagnosis, varying bail with strict escort and documentation conditions.
Criminal procedure — Bail pending appeal — Variation of bail conditions under s.126(3) CPC — Exceptional circumstances — Medical necessity (suspected angina) — Angiography abroad — Passport release to police escort — State bears escort travel cost.
|
16 May 2011 |
|
Whether a statutory Schedule without an inducing section validly authorises excise on airtime, refunds, and consumer compensation.
Customs & Excise – validity of Schedules – inducing section – statutory interpretation (corrected version) – amendment and retrospection – excise as consumption tax – refunds and s92 – bona vacantia of unidentifiable tax – taxable value and distributor discounts.
|
15 May 2011 |
|
Leave to issue a writ of possession requires a final judgment or order for possession; an interlocutory refusal is insufficient.
Enforcement of judgment — Writ of possession — Order 45(3) — Leave to issue writ presupposes a final judgment or order for possession — Interlocutory refusal to confirm injunction not equivalent to order for possession — Notice requirements to persons in actual possession.
|
15 May 2011 |
|
Failure to file the written consent required by Order 80 prevented the applicant acting as next friend; action dismissed.
Civil procedure — Disability/infant representation — Next friend and guardian ad litem — Order 80 RSC — Mandatory written consent (r.3(8), r.6(c)) — Consequences of non-compliance — Proceedings improperly before court; dismissal.
|
15 May 2011 |
|
An unrepresented litigant in civil proceedings may personally examine witnesses; Article 18(2)(e) is confined to criminal matters.
Civil procedure – Unrepresented litigant – Right to examine witnesses in person – Order 5 Rule 24 (viva voce) – Article 18(2)(e) confined to criminal proceedings – Fair hearing and due process.
|
11 May 2011 |
|
Deposit of title deeds created an equitable mortgage entitling the plaintiff to foreclosure, not a power of sale.
Equitable mortgage — deposit of title deeds creates equitable charge; Remedies — equitable mortgagee entitled to foreclosure or receiver, not an automatic power of sale; Burden of proof — alleged fraud must be established by defendant; Substituted service and default trial permissible under procedural rules.
|
11 May 2011 |
|
A false written corporate representation induced the plaintiff to delay action and extend credit, causing recoverable loss; judgment for plaintiff.
Misrepresentation (deceit) – false written representation – inducement and alteration of position – causal connection to loss – no reasonable grounds defence under Misrepresentation Act – damages awarded.
|
8 May 2011 |
|
Forward derivatives were valid commercial contracts; close-out/netting clause authorised the bank’s debit and judgment for the bank.
Banking and finance — Forward/derivative contracts — Validity of Banking Regulations (SI No.57/1996) — Formation by confirmations — ISDA Master Agreement not essential to formation — Not wagering — Frustration rejected — Close-out/netting clause authorising bank debit — Mitigation of loss.
|
8 May 2011 |
|
A practitioner who contracts through a firm cannot sue in his personal name; action dismissed for lack of capacity.
Legal Practitioners Act – capacity to sue – practitioner must sue in firm name for fees; Pleadings – description of defendant’s juristic capacity; Strike out – sparingly and only in plain and obvious cases; Cause of action – sufficiency of particulars under Order 18 r.19 and Practice Directions.
|
8 May 2011 |
|
Whether a landlord's termination notice validly invoked intention-to-occupy grounds under the Business Premises Act.
Landlord and Tenant (Business Premises) Act — validity of termination notice — prescribed form and statutory timing — Section 5(6) and Section II(1)(g) — "intention to occupy" as ground for opposing new tenancy.
|
4 May 2011 |
|
Whether unforeseen mains and standby generator failure constituted an "accident" under an insurance policy, triggering indemnity.
Insurance law – meaning of "accident" – ordinary meaning and definitions – proximate cause – loss from mains and standby generator failure – contra proferentem construction – insurer liability for automated poultry farm losses.
|
3 May 2011 |
|
Applicant failed to prove arbitral award was induced by fraud or misrepresentation; application to set aside dismissed.
Arbitration Act s.17(2)(b)(iii) — setting aside arbitral award for fraud or misrepresentation; burden of proof; deference to tribunal’s factual findings; estoppel and finality of arbitration.
|
2 May 2011 |