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High Court of Zambia - 2014 June

4 judgments
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4 judgments
June 2014
People v Njovu (HP 23 of 2014) [2014] ZMHC 126 (26 June 2014)
26 June 2014
Astor Investments v Zambia Electricity Supply Corporation Limited (HK 143 of 2014) [2014] ZMHC 59 (24 June 2014)
Mandatory and prohibitory injunctions refused where applicant failed to show a high degree of assurance and disconnection was likely justified under regulation.
  • Interlocutory mandatory injunctions — high degree of assurance required; prohibitory injunctions — preservation of status quo; Electricity (Supply) Regulations reg 12(2) — immediate disconnection for safety/efficiency or tampering; adequacy of damages; duty to disclose material facts; clean hands doctrine
24 June 2014
Humphrey Musopelo (Administrator) and Ors v Hardson Musopelo (2012/HP/0608) [2014] ZMHC 387 (20 June 2014)
Surviving spouse has life interest and children hold the sole intestate house; non-beneficiary's occupation unlawful, eviction ordered.
  • Intestate Succession Act s.9(1) — sole house vests in surviving spouse (life interest) and children as tenants in common; unlawful occupation by non-beneficiary — surrender of title documents, eviction, nominal damages, costs, leave to appeal.
20 June 2014
Simumba v Anti-Corruption Commission (HP 637 of 2014) [2014] ZMHC 173 (17 June 2014)
A restriction notice expired by operation of law but remained effective against the applicant because the Commission failed to notify registries to discharge it.
  • Anti‑corruption law — restriction notices under s.24(1) and (3) of ACC Act 1996 — expiry by operation of law after twelve months — duty to notify third‑party registries of expiry — continuing effect of registered notices absent notification — misfeasance in public office requires bad faith/malice
17 June 2014