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Citation
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Judgment date
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| December 2015 |
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A bank put on enquiry must take reasonable steps to protect a customer’s account; failure warrants reimbursement, interest and damages.
Banking law – ATM withdrawals – bank’s duty once put on enquiry – fiduciary duty and reasonable care; ATM skimming and investigations; charge‑back reversal; liability for unauthorized ATM transactions; damages for inconvenience and negligent handling of customer complaint.
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31 December 2015 |
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Bank mortgage claim and borrowers syndication-based counterclaim arise from separate transactions; counterclaim severed for separate trial.
Civil procedure - Order 15 r.5(2) White Book - discretion to strike out or sever counterclaim; mortgage actions vs separate syndication agreement; effect of entire agreement clause; Pandoliker precedent considered; functus officio argument rejected.
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9 December 2015 |
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Bank granted judgment for outstanding overdraft and authorized foreclosure sale of mortgaged property after six-month default.
Civil procedure – Originating summons (Order 30 Rule 14) – Default judgment where no opposing affidavit filed; Mortgage law – overdraft facility secured by mortgage – quantification of debt and contractual interest; Power of sale/foreclosure – authorization to sell without further court order after default; Sale to be publicly advertised and surplus refunded to mortgagor.
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7 December 2015 |
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Whether the Lands Tribunal Act ousts the High Court's original jurisdiction in land matters.
Lands Tribunal Act (ss.4,16) — Whether the Act ousts the High Court's original jurisdiction in land matters — Scope of Lands Tribunal's jurisdiction — Jurisdictional limits and prerogative remedies.
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4 December 2015 |
| November 2015 |
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20 November 2015 |
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Interim injunction refused where plaintiff failed to prove irreparable harm and damages were an adequate remedy.
Interlocutory injunction — Cyanamid principles — Serious question to be tried; irreparable injury; adequacy of damages; balance of convenience; status quo is the position immediately preceding commencement of proceedings — refusal of injunction where decision already acted upon.
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13 November 2015 |
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Court held judicial review appropriate where applicant challenges decision‑making process despite statutory appeal route under s73.
Administrative law — judicial review vs statutory appeal under s73 ICT Act — challenge to decision‑making process (procedural impropriety/illegality) — Order 14A procedure and mode of commencement.
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12 November 2015 |
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Summary possession under Order 113 is inappropriate where the occupier alleges agent consent and other triable factual or equitable disputes.
Land — summary possession (Order 113 RSC) — limited to clear cases of squatting — alleged agent consent, promissory estoppel and disputed facts require trial — summary procedure inappropriate.
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11 November 2015 |
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Alleged disrepair did not excuse tenant's withholding of rent; court ordered recovery and vacant possession.
Rent Act — recovery of rent and vacant possession; landlord's repair obligations — alleged disrepair does not justify withholding rent; interest and costs; leave to appeal.
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10 November 2015 |
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A stay pending appeal requires shown prospects of success; account and restitution applications lacked statutory or procedural basis.
Civil procedure — Stay of execution pending appeal — Applicant must show appeal has merit and prospects of success; Evidence (Bankers' Books) Act — application unsupported; restitution for goods damaged during execution — procedural basis misconceived.
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10 November 2015 |
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9 November 2015 |
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A defendant’s application to decide a statute-bar preliminary issue was dismissed and the dispute ordered to proceed to full trial.
Civil procedure – Preliminary issue (Order 14A) – Application to strike out as statute-barred – Whether summary determination appropriate – Overlapping ownership proceedings – Matters to be determined at full trial.
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5 November 2015 |
| October 2015 |
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Stay of execution confirmed to prevent prejudice to the applicant pending determination of the appeal.
Civil procedure — Stay of execution pending appeal — Rule 51 RSC and Order 3 Rule 2 High Court Act — requirement to show good and convincing reasons and irreparable injury or prejudice — appeal on a point of law.
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30 October 2015 |
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Special leave to review a judgment was refused where late awareness of the judgment did not justify delayed application.
Civil procedure — Review of judgment — Order 39(2) High Court Rules — Special leave to bring review out of time — Delay and late awareness — Exceptional circumstances and finality of litigation.
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30 October 2015 |
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A statutory agency's immunity from execution does not prevent a court fixing a period for payment of a judgment debt.
High Court Rules (Order XXXVI r VII) – power to fix time for payment; Zambia Development Agency Act s11A – immunity from execution; enforceability of court orders; courts should not make orders of no avail; timing orders not equivalent to execution powers.
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15 October 2015 |
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Long inaction (11 years) and inadequate reconstitution of a lost file justified refusal to set aside dismissal for want of prosecution.
Civil procedure – dismissal for want of prosecution – inordinate delay (11 years) – reconstitution of lost court file – setting aside dismissal – prejudice to defendant (faded recollection, unavailable witnesses) – refusal to set aside dismissal upheld.
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14 October 2015 |
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Court struck two matters off the roll and set short restoration periods, warning of dismissal for want of prosecution.
Civil procedure – strike off for want of prosecution – non-appearance despite notice or prior attendance – restoration period before dismissal.
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14 October 2015 |
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Plaintiff lacked title; demolition by landowner was not wrongful; claim dismissed with costs awarded to defendants.
Property law – Demolition of structure – Trespass to land – Title and proprietary rights – Permission to cultivate versus right to build – Evidence and warnings – Damages claim dismissed.
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12 October 2015 |
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A defendant’s unexplained non-compliance with pre-trial directions justified entry of final judgment for the plaintiff.
Commercial Court Rules – strict compliance with scheduling directions – Order LIII Rule 7(1), 7(5) and 7(6) High Court Rules (Cap 27) – defendant’s failure to file pre-trial documents – entry of final judgment – assessment of repair costs and loss of use – interest at Bank of Zambia lending rate – costs taxed.
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9 October 2015 |
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Application for a garnishee order nisi dismissed for failure to prove an attachable debt owed by the garnishee.
Garnishee order nisi – requirement to prove an attachable debt owed by garnishee to judgment debtor; Order 49 Rules of Supreme Court; paragraph 49/2/3 White Book – sources of deponent's information; unsigned contract insufficient as sole evidence.
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9 October 2015 |
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Application to join municipal council dismissed for failure to show sufficient interest or necessary presence to justify joinder.
Civil procedure — Joinder of parties (Order 14/15) — Requirement to show sufficient interest or a question between parties — Municipal authority — Joinder versus calling as witness.
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8 October 2015 |
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Whether unsettled partnership accounts and insufficient evidence justify referring capital and profit shares to the Deputy Registrar.
Partnership law — settlement of accounts where partners did not keep books; burden and standard of proof in civil claims (balance of probabilities); appellate review of factual findings.
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7 October 2015 |
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Applicant’s delay and acquiescence barred confirmation of an ex-parte interlocutory injunction in a land dispute.
Interlocutory injunction — American Cyanamid principles — serious question to be tried; irreparable injury; balance of convenience; acquiescence; land disputes; status quo.
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7 October 2015 |
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7 October 2015 |
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Applicant’s delay and acquiescence, plus respondent’s substantial development, justified discharging an ex-parte interlocutory injunction over disputed land.
Interlocutory injunctions — requirements: serious issue to be tried, irreparable harm, balance of convenience; Ex-parte injunction — discharge where applicant’s delay/acquiescence or respondent’s substantial expenditure prejudices fairness; Land disputes — uniqueness of land and potential inadequacy of damages; Status quo — courts reluctant to create a new status quo at interlocutory stage.
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7 October 2015 |
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Divorce granted where parties lived apart for two years and respondent consented; joint custody; maintenance/property referred.
Matrimonial Causes Act s.8 and s.9(1)(d) – divorce – two years' continuous separation plus respondent consent – decree nisi granted; joint custody; maintenance and property settlement referred.
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7 October 2015 |
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Leave for judicial review refused where applicant suppressed material facts and failed to engage with the revenue authority.
Judicial review – leave to apply – suppression of material facts – failure to accept service/engage with authority – search and seizure under Customs and Excise Act – process not merits – Wednesbury unreasonableness.
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5 October 2015 |
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Court found marriage irretrievably broken due to intolerable conduct and violence; granted decree nisi, parties share house pending property adjustment.
Divorce – irretrievable breakdown – unreasonable behaviour – involvement of family and extramarital contacts – findings of domestic violence – decree nisi and property adjustment.
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2 October 2015 |
| September 2015 |
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Whether a shareholder may be liable for a subsidiary's gratuity obligations where companies operate as a single economic unit.
Company law — lifting corporate veil — single economic unit; shareholder liability for subsidiary debts; legitimate expectation from payments; acknowledgment of debt; interest and costs.
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29 September 2015 |
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Unregistered sale documents are null and void; registered title prevails and defendants’ occupation and counterclaim dismissed.
Lands and Deeds Registry Act (ss.4(1), 6) – mandatory registration of documents transferring land – unregistered conveyances null and void; discretionary late registration requires application; registered title conclusive; injunction and demolition for trespass.
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18 September 2015 |
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Conviction for an undefined ‘merger’ offence breached the constitutional requirement that criminal offences be defined in written law.
Competition law – definition of ‘merger’ – principle of legality – Article 18(8) Constitution – strict construction of criminal statutes – administrative or foreign law cannot substitute for statutory definition – conviction quashed.
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2 September 2015 |
| August 2015 |
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14 August 2015 |
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Non-compliance with an 'Unless' costs order bars further applications until costs are paid.
Civil procedure — 'Unless' orders and compliance — preliminary points under Rules of the Supreme Court — Order 14A/1 inapplicable where question not finally dispositive; Order 33/3 applicable — abuse of court process — adjournment sine die with liberty to restore — costs ordered.
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14 August 2015 |
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Plaintiff lacked standing because no concluded contract existed between the plaintiff and the defendant; claim dismissed.
Contract formation – agreement in principle vs concluded contract; Privity of contract – party status and locus to sue; Construction contract addendum – rights and consideration; Specific performance/estoppel/legitimate expectation – inapplicable absent privity; Multiplicity/abuse of process.
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14 August 2015 |
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Where the defendant admitted key facts, the court entered judgment on admissions ordering specific performance and mesne profits.
Civil procedure – Judgment on admissions (Order 21 r.6 HCR; Order 27 r.3 RSC) – Specific performance – Vacant possession – Mesne profits – Damages not awarded in addition to specific performance.
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11 August 2015 |
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Respondent's cohabitation with another woman found to be unreasonable behaviour establishing irretrievable breakdown.
Matrimonial Causes Act s9 — irretrievable breakdown — unreasonable behaviour — cohabitation with another person as evidence of breakdown — objective test (Mahande v Mahande) — referral of property adjustment to Deputy Registrar.
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11 August 2015 |
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Court enforced the parties' written variation surrendering the L2606D, dismissing both monetary claim and counterclaim; each bears own costs.
Contract variation – subsequent written agreement substituting security equipment; Sale of goods – unpaid seller's remedy, repossession and lien; Parol evidence and interpretation of ambiguous minutes; Enforcement of parties' consensual variation; Relief for deprivation of use/accounting.
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7 August 2015 |
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Court expunged an affidavit paragraph that contained legal argument, upholding Order 5 Rule 15 against legal conclusions in affidavits.
Civil procedure — Affidavits — Admissibility of content — Order 5 Rules 15–17 High Court Rules — Affidavits must not contain legal argument or conclusions; factual statements permissible — Expungement of impermissible paragraphs.
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7 August 2015 |
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Where the respondent failed to appear after substituted service, the applicant obtained judgment and liberty to foreclose and sell the mortgaged property.
Foreclosure – mortgagee’s remedy – possession and sale – originating summons under Order 30 Rule 14 – substituted service by advertisement – default judgment – interest per Order XXXVI Rule 8 and Judgments Act – foreclosure/sale without further court order on default.
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6 August 2015 |
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Defendant's strike-out application dismissed for non-prosecution; default judgment entered for plaintiff; limitation not expired.
Civil procedure – Default judgment – Failure to file defence – Application to strike out as statute-barred under Order 14 Rule 1 and the Limitation Act 1939 dismissed for non-prosecution; limitation based on alleged fraud not expired; Commercial Court requires expeditious pleadings.
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6 August 2015 |
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Joinder of parties without a court order for non-joinder is irregular and the added parties were struck out.
Civil procedure — Joinder of parties — Non-joinder order required — Irregular joinder as abuse of court process — Authenticity and presence of orders on court record — Striking out improperly joined parties — Costs awarded to successful applicants.
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6 August 2015 |
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Decree nisi granted for irretrievable breakdown after five-year separation; custody awarded and alleged bigamy referred for investigation.
Matrimonial law – irretrievable breakdown – five years' continuous separation as ground for divorce – decree nisi; custody and access; referral of maintenance and property settlement to Registrar; costs to successful party where petitioner abandons petition; alleged bigamy referred to police and DPP.
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2 August 2015 |
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Improper commencement under Rule 3 voided proceedings; court set them aside and ordered each party to bear its own costs.
Landlord and Tenant (Business Premises) Act — mode of commencement — Rule 3 inapplicable to claims for annulment of termination and damages — preliminary issue on jurisdiction — proceedings set aside for irregularity — costs: each party to bear own costs.
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2 August 2015 |
| July 2015 |
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Application to stay an interim injunction dismissed for lack of sufficient grounds and valid service established.
Civil procedure – Stay of execution – Order 36 r.10 – Appeal does not automatically stay execution; applicant must show sufficient grounds; proper service of process; interlocutory applications must not pre-empt merits.
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28 July 2015 |
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Bank law: withdrawal of cheque facility under Directive 6(b) was valid; “CHQ STOPPED” marking not defamatory; claim dismissed.
Banking law – cheque facilities; Directive 6(b) National Payment Systems Directives – withdrawal of cheque facility after three dishonoured cheques within twelve months; service on last known address; notice content requirements; returned cheques stamped “CHQ STOPPED” – not defamatory; damages claim dismissed.
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13 July 2015 |
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Applicant entitled to judgment for unpaid flour under a signed credit agreement after respondent’s admission and unchallenged documentary proof.
Contract formation – signed credit application – sale of goods – unchallenged invoices and deposit slips – admission of debt – judgment on admission – interest and costs awarded.
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7 July 2015 |
| June 2015 |
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A registered certificate of title conclusively establishes the applicant's ownership; occupiers without title are squatters and subject to eviction.
Land law – Certificate of title – Section 33 Lands and Deeds Registry Act – conclusive evidence of ownership; Squatters – occupiers without title – eviction; Jurisdiction – High Court retains original jurisdiction in land matters despite Lands Tribunal.
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30 June 2015 |
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Adultery damages are compensatory and require proof; petitioner failed to prove pecuniary or consortial loss, claim dismissed.
Family law – Divorce – Adultery – Damages for adultery are compensatory (pecuniary and consortial loss) and require proof of loss; prior marital breakdown mitigates damages; petitioner must prove loss even if defendants do not contest.
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29 June 2015 |
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29 June 2015 |
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28 June 2015 |