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High Court of Zambia - 2012 August

3 judgments
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3 judgments
August 2012
Airtel Holdings Limited and Others v Patents and Companies Registration Agency and Another (HP 1216 of 2010) [2012] ZMHC 45 (26 August 2012)
Interim injunction refused where plaintiffs lacked trading goodwill and damages were an adequate remedy; Registrar’s clearance not shown irregular.
  • Company names — interim injunction — passing off — requirement of goodwill/reputation — adequacy of damages — Registrar’s discretion under s.37 Companies Act — equitable relief and clean hands
26 August 2012
Royal Oak (PVT) Limited v Lusaka City Council and Attorney General (HP 776 of 2010) [2012] ZMHC 46 (26 August 2012)
Interim injunction to restrain enforcement of advertising ban refused where damages adequate and right to relief unclear.
  • Interim injunctions — American Cyanamid principles — balance of convenience — adequacy of damages — advertising prohibition under Food and Drugs (Marketing of Breast Milk Substitutes) Regulations SI No.48 of 2006 — whether product is a "breast milk substitute" — judicial notice of impecuniosity — injunctions and State Proceedings Act s.16
26 August 2012
Richard Sakala v Attorney General (HP 984 of 2010) [2012] ZMHC 44 (16 August 2012)
Res judicata barred the applicant’s challenge because identical issues were previously and finally decided, and the petitioner was in privity with the earlier plaintiff.
  • Res judicata — finality of judgment — same cause or transaction — privity of parties — abuse of court process — judicial review limitations; non-disclosure/fraud allegations must be raised in original proceedings
16 August 2012