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Citation
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Judgment date
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| July 2014 |
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31 July 2014 |
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Whether a tenancy created to recover a debt constitutes business premises under the Landlord and Tenant Act.
Landlord and Tenant (Business Premises) Act – applicability – whether tenancy created to secure debt is an agricultural holding excluded from the Act; Mode of commencement – Originating Notice v writ; Order 14A – dismissal on point of law; Effect of Section 5 notice to terminate.
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31 July 2014 |
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Registered Certificate of Title is conclusive; respondent unlawfully occupied land, applicant entitled to possession, no mesne profits.
Land law – Registered Certificate of Title under s.33 Lands and Deeds Registry Act conclusive evidence of ownership; effect of certificate of re-entry and its cancellation; fixtures – quicquid plantatur solo solo cedit; absence of lease – mesne profits/rent arrears unavailable; invalid warrant of distress; procedural issue of company resolution not pleaded.
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31 July 2014 |
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Leave to appeal granted to remedy a clerical omission; no stay of execution pending the appeal.
Civil procedure – Leave to appeal – Omission in judgment deemed a clerical slip – Right to appeal as matter of due process – Stay of execution refused.
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31 July 2014 |
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Application for payment into court refused because contractual mediation clause and joinder make mediation appropriate first.
Civil procedure — payment into court — interlocutory relief — contractual dispute-resolution clause — mediation then arbitration — joinder of third parties — costs in the cause.
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31 July 2014 |
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31 July 2014 |
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Leave for judicial review denied because the applicant had a statutory appeal to the Minister despite respondent exercising public functions.
Judicial review — leave to apply — gatekeeping function — availability of alternative remedy (statutory appeal to Minister) — public body/public functions — procedural irregularity in commencement (Order 53) — proxy voting dispute at AGM.
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31 July 2014 |
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31 July 2014 |
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Plaintiff's claims for libel, trespass and business loss dismissed for failure to prove claims and defective pleadings.
Civil procedure — Pleadings — Irregular statement of claim must comply with Order 18; Defamation — requirement of publication to third parties; Evidence — proof required for trespass and loss of business (tenancy, trading records); Default trial — proceedings in defendant's absence under Order 35 Rule 3; Burden of proof — balance of probabilities.
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30 July 2014 |
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Interlocutory injunction granted to prevent blocking access across government land; irreparable harm presumed in land access disputes.
Civil procedure – interlocutory injunction – access to government land – serious question to be tried – presumption of irreparable harm in land disputes – easement/title not determinative at interlocutory stage – strike-out application dismissed.
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30 July 2014 |
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Interlocutory applications enforcing Part III constitutional rights must be commenced by petition, not by summons; leave to petition granted.
Constitutional procedure — enforcement of Part III rights (Articles 11–26) must be by petition under Article 28(1) and Rule 2 of Protection Rules; interlocutory summons insufficient; presidential immunity (Article 43) may raise substantive issues but cannot be addressed by bypassing petition procedure; inherent jurisdiction (Order 3 r.2 HCR) cannot be used to override mandatory procedural requirements; leave granted to file petition; costs each party to bear.
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30 July 2014 |
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Court granted decree nisi for irretrievable breakdown; custody and property claims reserved; each party to bear own costs.
Matrimonial Causes Act – divorce – irretrievable breakdown – unreasonable behaviour – uncontested cross-petition and failure to cross-examine – custody and property reserved – each party to bear own costs.
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30 July 2014 |
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Registered owner entitled to possession; unauthorised occupiers’ structures to be demolished without compensation.
Land law – Possession – Originating summons under Order 113 Rule 2 – Registered owner’s entitlement to possession – Unauthorised occupation (squatters) – Demolition of structures without compensation – Proceedings in absence of occupiers.
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30 July 2014 |
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Court allowed judgment debtor to pay by installments but limited repayment to six months; execution permitted on default.
Civil procedure – payment of judgment in installments – exercise of judicial discretion – judgment entered in default – execution on default without further court order.
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24 July 2014 |
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Summary judgment for bank debt and power to foreclose; guarantor’s account‑restriction excuse did not defeat liability.
Civil procedure — summary judgment (Order 30 r 14); mortgage enforcement; guarantor liability; foreclosure and sale; exclusion of unspecified bank charges; interest at Bank of Zambia lending rate.
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24 July 2014 |
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Whether allegations of fraud in acquisition of title by defendants (possibly with unregistered equitable interests) must be tried and proved on balance of probabilities.
Civil procedure — Review under Order 39 — Interpretation of Section 34 Lands and Registry Act — Fraud in acquisition of title — Pleading and proof of fraud — Equitable (unregistered) interests — Trial ordered to determine factual disputes — Leave to appeal granted.
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24 July 2014 |
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Default judgment granted where defendant was served, failed to defend or appear; interest and costs awarded.
Civil procedure – Default judgment – Order 53 Rule 6 High Court Amendment Rules 2012 – Affidavit of service and defendant’s acknowledgment – Failure to file defence – Interest at Bank of Zambia lending rate – Costs follow cause.
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24 July 2014 |
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Application to strike out registration authority refused because factual issues on domicile, share transfer and tax clearance require clarification.
Civil procedure — Misjoinder — Order 14 Rule 5(2) — Whether pleadings disclose cause of action against registration authority — Company law — Change of domicile/name v. transfer of shares — Tax law — Property Transfer Tax and requirement for tax clearance.
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24 July 2014 |
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Accused convicted of aggravated robbery based on victim identification and recent possession of stolen phone.
Criminal law - Aggravated robbery - Elements: theft with violence and offensive weapons - Identification based on clothing in poor lighting - Doctrine of recent possession as corroboration of guilt.
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24 July 2014 |
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24 July 2014 |
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Court removed the Attorney-General for misjoinder in a challenge to a NAPSA regulation, finding no disclosed cause of action against the AG.
Civil procedure – Misjoinder – Order 15 Rule 2 – Joinder of Attorney-General – Challenge to statutory instrument – NAPSA an autonomous body capable of being sued in its own name – Cause of action must be disclosed.
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24 July 2014 |
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Appeal allowed: appellant not liable where no pre‑contract representation, no privity, and no vicarious liability.
Contract law – representation and estoppel – privity of contract – whether a non‑party can be bound by representations made after contract formation – vicarious liability absent master–servant relationship.
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23 July 2014 |
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Stay of execution refused where appellant's prospects of success on appeal were unreal and insufficient.
Stay of execution – requirement of sufficient and convincing grounds – court may preview prospects of appeal – appeal must have real prospects, not mere hope – taxation of costs not automatically stayed pending appeal.
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23 July 2014 |
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Division of matrimonial property, company shares valuation, and characterization of assets on divorce.
Divorce — property settlement — matrimonial home subdivision and exclusive occupation — characterization of assets (Northmead house) — family company shares valuation and buy-out — disposal of assets during marriage — requirement of evidence for findings (foreign property purchase).
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23 July 2014 |
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Intestate succession applies; surviving spouse not sole heir, administrator's letters are conclusive, respondent must surrender property and pay K147,850.
Intestate succession — validity of purported verbal will — letters of administration conclusive — rights of surviving customary spouse vs. near relatives under Intestate Succession Act — delivery of estate property and payment of debts — grounds for revocation of letters of administration.
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23 July 2014 |
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Subdivision was not created; contract did not transfer title; plaintiff not entitled to specific performance; bona fide purchaser holds title.
Land law – contract of sale does not per se transfer title; subdivision and lawful creation of parcels; specific performance; equitable interest and payment; mortgagee in possession, foreclosure and sale; bona fide purchaser for value without notice; conclusive effect of certificate of title; caveat requirements; demolition by registered proprietor.
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23 July 2014 |
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Court dismissed review and stay applications for lack of new facts, held appeal was the proper remedy, but granted leave to appeal.
Civil procedure — Review of judgment — Review versus appeal; amendment of pleadings — refusal where matter will not proceed to trial; stay of execution — requirement to show likelihood of success; costs; leave to appeal granted.
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22 July 2014 |
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Court refused the applicant’s review of misjoinder ruling, holding allegations against the respondent require trial; leave to appeal granted.
Civil procedure – review application – misjoinder – affidavit in opposition – pleadings raising specific factual allegations – matters to be determined at trial on the balance of probabilities – leave to appeal granted.
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22 July 2014 |
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A fresh action on property already adjudicated by a subordinate court is res judicata and must proceed by appeal.
Res judicata; abuse of process/forum shopping; property dispute; injunction; requirement to appeal from subordinate court decisions.
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21 July 2014 |
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20 July 2014 |
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Accused convicted of manslaughter for participating in and aiding an unlawful mob assault causing death.
Criminal law – manslaughter versus murder – joint enterprise/common intention – aiding and abetting – identification and corroboration of relatives’ evidence – reduction of charge under section 181 CPC.
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17 July 2014 |
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Whether wrongful dismissal damages should use the 1997 salary or be inflation-adjusted; special leave granted to seek review.
Civil procedure — wrongful dismissal — damages calculation — whether damages measured at time of breach or adjusted for inflation — interpretation of trial judge's award — remittal for review.
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15 July 2014 |
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Decree Nisi granted where parties lived apart over five years; maintenance and property issues adjourned.
Matrimonial Causes Act s.9(1)(e) – irretrievable breakdown – continuous separation of five years – Decree Nisi; custody agreed; maintenance and property settlement adjourned; costs each party; leave to appeal.
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15 July 2014 |
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A court dismissed the applicant’s attempt to strike out the respondent’s forgery allegations as premature in interlocutory proceedings.
Civil procedure – interlocutory applications – striking out scandalous, irrelevant or oppressive material – allegations of forgery premature at interlocutory stage – evidence to be led at trial of main action – costs in the cause.
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15 July 2014 |
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Marriage dissolved under s9(1)(e) for over five years' separation; maintenance and property issues reserved for further determination.
Family law — Matrimonial Causes Act 2007 s9(1)(e) — irretrievable breakdown — living apart for continuous five years — Decree Nisi to be made absolute unless cause shown — custody agreed — maintenance and property reserved.
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14 July 2014 |
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Interim injunction restrained the respondent from removing the child to protect the applicant's access and the child's best interests.
Interim injunctions — American Cyanamid test — custody and removal of child from jurisdiction — adequacy of damages — balance of convenience — preservation of status quo — wardship of child.
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9 July 2014 |
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9 July 2014 |
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A plaintiff's attempt to enforce a previously satisfied judgment debt was an abuse of process; the writ was set aside and appeal allowed.
Civil procedure – Execution of judgment – Writ of fieri facias – Enforcement of out-of-pocket expenses – Whether debt already satisfied – Abuse of process – Setting aside writ – Costs – Leave to appeal.
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9 July 2014 |
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9 July 2014 |
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A prima facie arguable case at the leave stage suffices; failure to exhibit a written decision alone did not warrant discharging ex parte leave.
Judicial review — leave stage — prima facie/arguable case required; setting aside ex parte leave — grounds include material non‑disclosure, lack of jurisdiction, alternative remedies, undue delay, failure to satisfy preconditions; sufficiency of evidence — written decision vs verbal notification.
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3 July 2014 |
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3 July 2014 |
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Court appointed Deputy Registrar to execute assignment under s.14 after vendor refused to comply with specific performance order.
High Court Act s.14 – nomination to execute conveyance where judgment debtor refuses to execute – specific performance of sale – appointment of Deputy Registrar to execute assignment – purchaser to advance vendor fees recoverable as debt.
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2 July 2014 |