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High Court of Zambia - 2013 September

4 judgments
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4 judgments
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Judgment date
September 2013
Nkunde v Cetzam Financial Services Ltd (HK 198 of 2010) [2013] ZMHC 25 (26 September 2013)
Failure to process a loan and wrongful use of the plaintiff's title deed merits repayment and damages; defamation claim dismissed for inadequate pleading.
Contract law – failure of consideration and restitution of security; Defamation – libel by innuendo requires pleading of actual words and extrinsic facts and production of authenticated publication; Tort – fraudulent misuse of title deed by lender; Damages and interest; Costs.
 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)
Deregistration for professional misconduct upheld despite procedural irregularities that did not occasion substantial miscarriage of justice.
Health professions — disciplinary proceedings — professional misconduct (misdiagnosis, inadequate investigation and treatment) — committee composition and co‑option — natural justice and procedural irregularity — s.68(5) substantial miscarriage of justice test — confirmation of deregistration and penalties.
 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 candidates absent the statutory High Court report; Supreme Court judgments do not substitute for s.104(6) reports.
Electoral law – construction of s.104(6) Electoral Act – requirement of a High Court report (with audi alteram partem) before sanctions under s.22; Supreme Court judgment does not substitute for statutory report; judicial review proper for pre‑nomination administrative acts; illegality, procedural impropriety and Wednesbury unreasonableness of ECZ decision.
 2 September 2013