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High Court of Zambia - 2013 October

2 judgments
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2 judgments
October 2013
Lysos Import and Export Ltd v Brands Africa Corporation Ltd and Another (HPC 476 of 2013) [2013] ZMHC 26 (22 October 2013)
Interim injunction discharged: Originating Summons required for interim measures under the Arbitration Act; wrong commencement deprived court of jurisdiction.
  • Arbitration clause — interim relief under Section 11 Arbitration Act — Rule 9 Arbitration (Court Proceedings) Rules requires Originating Summons — mode of commencement mandatory — Writ of Summons wrong and deprives court of jurisdiction — ex parte injunction discharged
22 October 2013
Mopani Copper Mines PLC v Kitwe Tabernacle End Time Message Ministries and Others (HK 330 of 2010) [2013] ZMHC 44 (16 October 2013)
An assignee’s equitable interest under an unregistered assignment prevails over a later erroneous state grant of title.
  • Property law — equitable proprietary interest under unregistered assignment — lands allocation by State — challenge and cancellation of later Certificate of Title issued in error — effect of non‑registration under Lands and Deeds Registry Act — limits on third‑party reliance on non‑registration
16 October 2013