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High Court of Zambia - 2012 October

13 judgments

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13 judgments


October 2012
Hotelier Limited v Ody's Works Limited and Finsbury Investments Limited (HP 260 of 2011) [2012] ZMHC 64 (24 October 2012) Joinder under Order 14 r 5 requires compliance with White Book practice; adding a plaintiff needs written consent, application dismissed. Civil procedure — Joinder of parties — Order 14 r 5 High Court Act — White Book (1999) applicable to fill procedural gaps — Order 15 r 6(4) requires written consent to add a plaintiff — intended joiners not yet parties and need not oppose joinder application	24 October 2012
Pacific Parts (Z) Limited v Attorney General and Far Eastern Restaurant (HP 299 of 2012) [2012] ZMHC 63 (22 October 2012) Stay of execution of state land offer dismissed where relief equates to injunction and applicant failed to show good cause. State Proceedings Act — stay of execution under s.18 — injunctions against public officers prohibited in substance — discretionary remedy requiring good cause — failure to disclose material facts — adequacy of damages as alternative remedy	22 October 2012
Lungu v The People (HJA 14 of 2012) [2012] ZMHC 62 (18 October 2012) Appeal dismissed: pleas of guilty were unequivocal and statutory ingredients were adequately put to the accused. Wildlife Act offences; guilty plea — equivocal plea; requirement to put all ingredients to unrepresented accused; "permit" and "licence" interchangeable; sections 76 and 100, Zambia Wildlife Act	18 October 2012
Chipalo and Others v Lusaka City Council (HP 766 of 2008) [2012] ZMHC 61 (16 October 2012) Council’s irregular offer letters produced liability: refund with interest and referral to Commissioner rather than specific performance. Land law; State land and alienation — local authority exceeded jurisdiction by issuing offer letters; specific performance inappropriate where defendant lacks power; damages and referral to Commissioner of Lands as appropriate remedy	16 October 2012
Mwanza v Chilanga Cement PLC (HP 294 of 2011) [2012] ZMHC 60 (11 October 2012) Ex-parte injunction discharged where plaintiff showed no proprietary interest, no irreparable harm, and failed to prosecute the claim. Civil procedure — interlocutory injunction — discharge of ex-parte injunction where plaintiff fails to show irreparable injury or proprietary interest; occupation as incident of employment; delay in prosecution — damages as adequate remedy	11 October 2012
Banda and Another v Maiko and Another (HK 381 of 2012) [2012] ZMHC 58 (10 October 2012) Court granted interim attachment of a foreign defendant's truck under Order 26 to prevent evasion of judgment. Interim attachment (Order 26) — prerequisite of intent to obstruct or delay execution and failure to furnish security — risk of foreign defendant evading satisfaction of judgment — attachment of vehicle pending final determination	10 October 2012
City Express Limited v Terrence and Ann and Others (HPC 177 of 2010) [2012] ZMHC 86 (10 October 2012) Bus driver found negligent; plaintiff's civil claim and direct third‑party insurer claim dismissed; defendants' counterclaim succeeds. Road traffic negligence — burden of proof in civil claims — credibility of independent eyewitness — doctrine of res ipsa loquitur — proof of special damages for loss of business — insurer’s indemnity contingent on established insured liability — criminal acquittal not determinative in civil proceedings	10 October 2012
Phiri and Others v Mpata Hill Mining Company Limited and Others (HK/SCA 48 of 2011) [2012] ZMHC 59 (8 October 2012) Respondent companies' in-person appearances without leave and lack of consent on a land-title dispute rendered lower proceedings a nullity. Corporate representation — Body corporate must be represented by an advocate unless leave granted; Order 5 Rule 6; Subordinate Court Act s23 — consent required for land-title disputes; proceedings in subordinate court without leave or consent are nullities	8 October 2012
Bakewell Bakeries Limited v Jempa (HPA 2 of 2012) [2012] ZMHC 56 (4 October 2012) A fresh action after a dismissed, un‑restored suit is not multiplicity of actions or an abuse of process. Civil procedure — multiplicity of actions — fresh action after earlier suit struck off and dismissed — no multiplicity where earlier action ended and no decision on merits — abuse of process/forum shopping distinguished	4 October 2012
Chibuta v The People (HKSE 39 of 2012) [2012] ZMHC 57 (4 October 2012) Single-child identification corroborated by medical report and witnesses upheld; medical report admissible without calling doctor. Criminal law — Defilement — Single identifying witness and elimination of mistaken identity; corroboration of child’s evidence by medical report and third-party witnesses; admissibility and sufficiency of medical report without calling doctor; alibi burden and investigation	4 October 2012
Foundation for Democratic Process Registered Trustees v Ng'oma and Myangana (HP 265 of 2012) [2012] ZMHC 55 (3 October 2012) Interim injunction refused where plaintiff failed to show clear right or real prospect of success; offending affidavit paragraphs expunged. Civil procedure — Interlocutory injunctions — Requirement of clear right/real prospect and irreparable injury — Balance of convenience and preservation of status quo — Affidavits: expunction for contravening Order 5 Rule 15 — Internal governance disputes in voluntary associations	3 October 2012
People v Paulo Pupilo (HP 226 of 2010) [2012] ZMHC 54 (2 October 2012) Accused acquitted where prosecution failed to establish prima facie dangerous driving amid deficient accident investigation. Criminal law — No case to answer — Prima facie requirement; Road traffic — Causing death by dangerous driving — essential element of dangerous driving; Accident investigation — importance of ‘real’ evidence (skid marks, broken glass, punctured tyre, measurements); Expert evidence — vehicle examiner’s credentials and methodology; Special defence — tyre puncture/overloading and burden on prosecution to negative it	2 October 2012
Power Equipment v Goldtronics Limited and Barclays Bank Zambia PLC (HP 1946 of 1998) [2012] ZMHC 53 (2 October 2012) Unconditional sale found; purchaser in market overt acquired good title and counterclaim for return or refund succeeded. Sale of Goods — conditional sale vs unconditional sale; passing of property on contract formation; nemo dat and market overt (s.22); waiver/variation by acceptance; remedy against original seller; contra proferentem	2 October 2012