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High Court of Zambia - 2012 July

4 judgments
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4 judgments
July 2012
Chiwala v Mukuka and Highway Transport Limited (HK 54 of 2006) [2012] ZMHC 42 (16 July 2012)
The respondent carrier was found negligent for speeding, causing the applicant’s amputation and two children’s deaths; damages and interest awarded.
  • Tort — Negligence — Duty of care of carrier to passengers; breach by excessive speed and failure to avoid collision; causation established by eyewitness and medical/post‑mortem reports; assessment of damages for pain and suffering, loss of expectation of life and special damages; no dependency award where deceased had no earnings
16 July 2012
Kabwita and Others v N.F.C. Africa Mining PLC (HK 164 of 2011) [2012] ZMHC 41 (12 July 2012)
A consent order settling a judgment debt is binding; a subsequently issued writ of fieri facias was irregular and set aside.
  • Civil procedure — Consent orders — Finality of consented settlement of judgment debt — Enforcement writs (fieri facias) — Setting aside irregular steps — Deputy Registrar acknowledgement does not vary judge's earlier judgment; recourse by fresh action
12 July 2012
Cash Crusaders Franchising (PTY) Limited v Shakers and Movers Zambia Limited (HP/ARB 1 of 2008) [2012] ZMHC 40 (8 July 2012)
A statutory three‑month limit to apply to set aside an arbitral award is mandatory and cannot be extended by a registrar.
  • Arbitration Act s17(3) — mandatory three‑month time limit to set aside award; jurisdiction to entertain applications — originating summons to a Judge; registrar’s powers; stay of execution — rule 20(2) automatic stay; rules/registrar cannot enlarge statutory time
8 July 2012
Danait Transport Limited v Zambezi Portland Cement Limited (HPC 629 of 2010) [2012] ZMHC 39 (3 July 2012)
A company that has exited receivership, not the receiver, remains liable for contracts entered during its receivership.
  • Companies Act s114; receivership; liability of receiver; agency; locus standi to sue; joinder/misjoinder of receiver; contracts entered during receivership
3 July 2012