High Court of Zambia - 2014 May

5 judgments
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Results. 5 judgments found.

5 judgments
May 2014
Applicant lacked sufficient interest and failed to prove illegality or irrationality in the council’s cemetery development.
  • Administrative law — Judicial review — Illegality and Wednesbury irrationality — Local Government Act powers to establish cemeteries — locus standi — Commissioner of Lands’ letter not creating proprietary interest — discretionary reliefs
29 May 2014
A deaf-mute accused was found to have committed murder; court orders detention during the President’s pleasure.
  • Criminal law — capacity to make a defence (deaf-mute defendant) — admissibility of deceased’s contemporaneous statement as res gestae — proof of murder by stab wound — malice aforethought — detention during President’s pleasure under s.161(2)(b) Criminal Procedure Code
20 May 2014
Court granted vesting order after plaintiff proved purchase and authorized Deputy Registrar to execute conveyance if vendor failed.
  • Conveyancing — vesting order — proof on balance of probabilities — effect of defendant's non‑appearance — exercise of s.14 High Court Act empowering Deputy Registrar to execute conveyance
14 May 2014
Court upheld child maintenance, dismissed cross‑appeal, and ordered half of rental proceeds paid to petitioner pending house valuation and eventual sale.
  • Family law — maintenance and property settlement — appellate review of factual findings — valuation of matrimonial home — entitlement to rental proceeds pending compliance with valuation order — interim distribution of rental income — refusal to entertain injunctive relief on cross‑appeal without formal application
4 May 2014
Court awarded 120 days to repay outstanding mortgage debt with contractual interest, failing which lender may foreclose and sell the property.
  • Mortgage enforcement — default on loan and overdraft secured by third‑party mortgage — proof of indebtedness — refusal to permit proposed monthly instalments in mortgage action — granted moratorium of 120 days — contractual interest then bank lending rate — foreclosure relief if unpaid
4 May 2014