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High Court of Zambia - 2013 September

4 judgments
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4 judgments
September 2013
Nkunde v Cetzam Financial Services Ltd (HK 198 of 2010) [2013] ZMHC 25 (26 September 2013)
Court ordered repayment of failed-loan security and damages for fraudulent use of title deed; libel claim dismissed for inadequate pleading.
  • Contract — failure of consideration and restitution of security; Defamation — libel by innuendo requires pleading of actual words, extrinsic facts and authenticated publication; Property/tort — fraudulent misuse of title deed by lender’s officers; Damages — general and aggravated damages must be pleaded
26 September 2013
House of Joy Church International & Ministries Registered Trustees v The Chief Registrar of Societies & Another (HP 1465 of 2012) [2013] ZMHC 245 (17 September 2013)
17 September 2013
Wang v Health Professionals Council of Zambia (HK 339 of 2012) [2013] ZMHC 24 (10 September 2013)
Court confirms deregistration for professional misconduct despite procedural irregularities, finding no substantial miscarriage of justice.
  • Disciplinary procedure; professional misconduct and medical malpractice; constitution and quorum of Disciplinary Committee (s.63, s.65); amendment of charges (rule 10); natural justice and judicial hearing (s.66(4)); irregularity not fatal if no substantial miscarriage of justice (s.68(5)); confirmation of deregistration; upholding fine on clinic; failure to prove damages
10 September 2013
Dora Siliya and Others v The Attorney General and Others (HP 1159 of 2013) [2013] ZMHC 23 (2 September 2013)
Electoral Commission unlawfully barred applicants absent a High Court report; Supreme Court judgments do not substitute statutory reports.
  • Electoral law — Construction of s.104(6) — requirement of a High Court report (with opportunity to show cause) before disqualification under s.22 — Supreme Court judgment does not substitute for statutory report — judicial review appropriate for pre-nomination administrative decisions — remedies: certiorari, mandamus, prohibition
2 September 2013