Skip to document content Skip to main menu Skip to search

High Court of Zambia - 2011 June

9 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
9 judgments
June 2011
Societies Des Producits Nestle SA v Kingdom Investments Ltd (HPC 728 of 2009) [2011] ZMHC 10 (30 June 2011)
Registrar's failure to give mandatory renewal notice invalidated removal; applicant's mark reinstated and respondent's registration expunged.
  • Trade marks — Renewal procedure — Section 25(3) and Regulations 65–67 impose mandatory notice obligations on the Registrar; failure amounts to ultra vires conduct — Acceptance of late fees does not cure Registrar's failure to notify — Identical marks across classes likely to cause confusion under Sections 16 and 17(1)
30 June 2011
Simamba v ADMAC-Carmichael Ltd and Another (HPC 322 of 2010) [2011] ZMHC 7 (21 June 2011)
Applicant failed to prove a real risk of asset dissipation; Mareva freezing order refused, application dismissed with costs.
  • Mareva injunction — Freezing orders — Requirements: good arguable case and real risk of dissipation — Need to disclose sources of belief — Foreign domicile alone insufficient — Evidence of defendant’s assets and creditworthiness required
21 June 2011
People v Musonda and Another (HPC 40 of 2011) [2011] ZMHC 105 (19 June 2011)
Non-compliance with Juveniles Act parental-attendance safeguards risks prejudice; court granted conditional discharge with one-year condition.
  • Juveniles Act s127 — mandatory attendance of parent/guardian at all stages where possible; failure to comply risks prejudice; conditional discharge and credit for time served as alternative to reformatory order
19 June 2011
Pakeza Bakery Ltd and Others v Aetos Transfarm Ltd and Another (HK 331 of 2004) [2011] ZMHC 57 (16 June 2011)
A review under Order 39 Rule 1 requires sufficient, newly discoverable evidence; defendants' challenge to a default judgment was dismissed.
  • Civil procedure — Review of judgment by same judge (Order 39 Rule 1) — Discretionary power — Fresh evidence must have existed at time of decision and been undiscoverable with reasonable diligence — Default judgment — Setting aside requires sufficient cause
16 June 2011
Roraima Data Services v Zambia Postal Services Corporation (HN/ARB 1 of 2011) [2011] ZMHC 119 (16 June 2011)
Interim injunction granted pending arbitration to restrain migration of electronic money transfer business where damages would be inadequate.
  • Arbitration — interim protection pending arbitration — injunction vs. damages — adequacy of damages for breach of long-term commercial agreement — balance of convenience — interim restraint on migration of electronic money transfer platform
16 June 2011
Heinrich Hotels Ltd. t/a Hotel Edinburgh v Kitwe City Council (HK 554 of 2009) [2011] ZMHC 2 (14 June 2011)
Interlocutory mandatory injunction granted to compel removal of unauthorised traders from road reserve due to public danger and likely plaintiff success.
  • Interlocutory mandatory injunction; balance of convenience (Nottingham/Eurodynamics test); licencees on road reserve with no title; public safety and danger from construction; enforcement of judgment on admission; absence of opposing affidavits
14 June 2011
Kabwe and Others v Judicial Complaints Authority and Another (HP 996 of 2009) [2011] ZMHC 118 (14 June 2011)
Whether the Judicial Complaints Authority is an adjudicating authority under Articles 18(9)–(10); the court held it is investigatory, not adjudicative.
  • Constitutional law — Articles 18(9) & 18(10) — right to fair and public hearing applies to courts or adjudicating authorities determining existence/extent of civil rights or obligations; Judicial Complaints Authority — investigatory and advisory body, not an adjudicating authority; petition under Article 28(1) akin to judicial review/public law remedy; confidentiality of JCA investigations under statutory scheme; High Court cannot direct JCA procedure where statute prescribes process
14 June 2011
People v Mwamba (HK 65 of 2011) [2011] ZMHC 4 (13 June 2011)
Accused convicted of armed aggravated robbery; firearm found to satisfy section 294(2)(a), and counts consolidated into two.
  • Criminal law — Aggravated robbery — Identification evidence and recovery of stolen property — Firearm under Firearms Act — Section 294(1) and (2)(a) Penal Code — Consolidation of improperly split counts
13 June 2011
Trytsman v Kobra Security Ltd and Others (HK 189 of 2003) [2011] ZMHC 36 (11 June 2011)
Winding-up petition dismissed for unreasonable delay and absence of prima facie case; appeal allowed only upon substantial security for costs.
  • Company law — Winding-up petition — Dismissal for inordinate delay and failure to establish prima facie case; security for costs under s.271(3)(a) Companies Act (Cap 388); conditional leave to appeal
11 June 2011