Skip to document content Skip to main menu Skip to search

High Court of Zambia - 2013 March

3 judgments

Advanced search

Browse by year

Browse by month

Filter documents by title

Sort documents by

3 judgments


March 2013
Sydney Chibwe and Others v Gift Chapa and Another (HP 1521 of 2012) [2013] ZMHC 7 (27 March 2013) Court finds will-nullification claim not duplicative or statute-barred but expunges inadmissible reference to pending criminal proceedings; costs shared. Civil procedure — preliminary objections — multiplicity of actions; Wills and Administration of Testate Estates Act — distinction between family-provision/variation claims (Part Three, s.22) and nullification claims (Part Seven, s.64(a)); limitation periods — Limitation of Actions Act; evidence — inadmissibility of relying on pending criminal proceedings in related civil matter; expunction of offending affidavit material	27 March 2013
Chate and Others v Afrope Zambia Ltd and Another (HK 311 of 2007) [2013] ZMHC 6 (21 March 2013) Plaintiffs failed to prove underpayment of accrued terminal benefits but succeeded in claims for lost interest (1998–2001) and repatriation allowance. Employment law — terminal benefits — accrued benefits remitted to independently administered pension scheme — employer’s obligation discharged on proper remittance — claim for underpayment dismissed for failure to prove statutory/contractual entitlement; entitlement to interest for delayed remittance (1998–2001); repatriation allowance under s.13 Employment Act	21 March 2013
Storti Mining Ltd v Twampane Mining Co-operative Society Ltd (HK/ARB 1 of 2006) [2013] ZMHC 5 (21 March 2013) Court appointed a receiver over the mining licence by equitable execution, dispensing with the affidavit of fitness and denying a separate injunction. Equitable execution; appointment of receiver over mining licence; adequacy of property description; dispensing with affidavit of fitness under Order 30(1)(7) RSC; injunction ancillary to receivership; failure of fi.fa execution	21 March 2013