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Citation
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Judgment date
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| July 2014 |
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30 July 2014 |
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30 July 2014 |
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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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24 July 2014 |
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24 July 2014 |
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24 July 2014 |
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24 July 2014 |
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24 July 2014 |
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24 July 2014 |
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24 July 2014 |
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23 July 2014 |
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23 July 2014 |
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23 July 2014 |
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23 July 2014 |
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23 July 2014 |
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22 July 2014 |
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22 July 2014 |
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21 July 2014 |
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20 July 2014 |
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17 July 2014 |
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15 July 2014 |
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15 July 2014 |
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15 July 2014 |
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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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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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2 July 2014 |
| June 2014 |
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26 June 2014 |
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Application for mandatory and prohibitory injunctions to restore electricity refused for failure to meet high interlocutory standards and non-disclosure.
Interlocutory relief — mandatory injunctions — high degree of assurance required; prohibitory injunctions — adequacy of damages and mootness where supply already discontinued; Electricity (Supply) Regulations — Regulation 12(2) permitting immediate disconnection for safety/efficiency; equitable doctrine — clean hands and non-disclosure.
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24 June 2014 |
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20 June 2014 |
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17 June 2014 |
| May 2014 |
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29 May 2014 |
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20 May 2014 |
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14 May 2014 |
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On appeal the court varied the property order to protect the applicant’s share of rental income and required valuation or interim half-rental payments until sale.
Family law – Matrimonial Causes Act (maintenance and property settlement) – evaluation and sale of matrimonial home – treatment of rental income – appellate review of factual findings.
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4 May 2014 |
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4 May 2014 |
| April 2014 |
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24 April 2014 |
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24 April 2014 |
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21 April 2014 |
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Directors may sue to challenge a debenture’s validity; court confirmed interim injunction pending trial to prevent irreparable harm.
Company under receivership — locus standi exceptions to challenge validity of security; Debenture — consideration and enforceability; Interlocutory injunction — American Cyanamid test; Receivership — restraint pending trial.
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2 April 2014 |
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1 April 2014 |
| March 2014 |
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26 March 2014 |
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25 March 2014 |
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Court enforces equitable mortgage securing unpaid short‑term loan, awards K75,400 plus interest, grants 30‑day moratorium before foreclosure.
Commercial law – Loan facility – Equitable third‑party mortgage created by consent form – Substituted service – Unopposed originating summons – Monetary judgment; interest at Bank of Zambia rates – 30‑day moratorium; foreclosure and possession authorised – Costs to applicant.
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24 March 2014 |
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Applicant and respondent entitled to joint title; retrospective rental accounting denied; future rents shared equally.
Intestate succession – two houses in estate – section 9(2) Intestate Succession Act – children’s entitlement to choose house; Administrator’s powers and duty to obtain court authority before selling estate property (section 19) – beneficiaries’ rights to share property; accounting obligations rest on administrator not beneficiaries; prospective sharing of rents.
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23 March 2014 |