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High Court of Zambia - 2013 January

3 judgments
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3 judgments
January 2013
C and H Fuel Services v Finance Bank Zambia Limited (HPC 500 of 2009) [2013] ZMHC 39 (29 January 2013)
Insufficient drawer funds defeated plaintiff’s cheque claim; bank’s mortgage counterclaim succeeded, permitting sale on non-payment.
  • Banking law — duty to present cheques for clearing; insufficiency of drawer’s funds defeats payee’s claim; Bills of Exchange Act notice provisions not a banker’s duty; negligent bank employee does not create entitlement where drawer insolvent; mortgage enforcement for overdraft arrears; damages require reliable accounting proof
29 January 2013
Status Mineral Exploration Limited v Oceana Ore Limited and Another (HPC 174 of 2012) [2013] ZMHC 38 (29 January 2013)
Leave to appeal an interlocutory in‑chambers order requires showing realistic prospects of success; failure to do so warrants refusal.
  • Appeal — interlocutory/in‑Chambers orders — leave to appeal required under s.24(1)(e) Supreme Court Act and Order 59 — leave granted only if proposed grounds have realistic prospects of success or raise issues of principle
29 January 2013
Fluid Base Industries Limited v Barclays Bank Zambia Limited PLC (HK 506 of 2012) [2013] ZMHC 42 (11 January 2013)
Bank liable only for payment of a stale cheque; plaintiff’s negligent cheque custody precluded recovery for other forged cheques.
  • Banking law — forged cheques — bank’s duty: ordinary practice of careful bankers; stale cheque paid — bank negligent; customer’s negligent custody of cheque books may preclude claim for forgery; res ipsa loquitur inapplicable
11 January 2013