High Court of Zambia - 2013 January

3 judgments

Court registries

  • Filters
  • Judges
  • Alphabet
Sort by:
3 judgments
Citation
Judgment date
January 2013
Applicant’s claim for cheque values and business losses dismissed; respondent granted judgment on mortgage-secured overdraft with enforcement rights.
Banking law – duty to present cheques – negligent withholding by bank employee; Bills of Exchange Act – notice of dishonour not imposing banker’s duty to customer; insufficiency of drawer’s funds defeats payee’s claim; proof of loss of business and interest requires reliable accounting evidence; mortgage security – enforcement for overdraft debt.
29 January 2013
Leave to appeal from a High Court chambers/interlocutory order requires showing realistic prospects of success; failure warrants refusal.
Civil procedure – Appeal – Leave to appeal required for orders made in Chambers or interlocutory judgments (s24(1)(e) Supreme Court Act; Order 59 Supreme Court Practice) – Test for leave: realistic prospect of success; refusal where no prima facie merit – costs awarded.
29 January 2013
Bank liable for one stale forged cheque; plaintiff negligent and precluded from challenging other forged cheques.
Banking law – liability for payment on forged cheques – standard of care of bankers – ordinary banking practice versus duty to inquire; Cheques Act – good faith and without negligence defence; stale cheque honoured – bank negligence; customer negligence and preclusion from setting up forgery; res ipsa loquitur inapplicable; damages in negligence require proof of injury.
11 January 2013