Results.
168 judgments found.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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The respondent bank lawfully withdrew the applicant’s cheque facility under statute; stopped-cheque markings were not defamatory.
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Banking law — Withdrawal of cheque facility — National Payment Systems Directive 6(b) — three dishonoured cheques within 12 months — notice to last known address — adequacy of notice content — returned cheque endorsement "CHQ STOPPED" — defamation — breach of contract — damages
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13 July 2015 |
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Judgment for the applicant for unpaid flour supplied under a signed credit agreement, based on documentary admissions.
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Contract formation — credit application form as binding agreement; Evidence — documentary proof and admission establish debt; Judgment on admission; Proceedings where defendant absent/non‑compliant with court directions
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7 July 2015 |
| June 2015 |
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A plaintiff’s certificate of title is conclusive ownership; un-titled occupants are squatters and must be evicted; High Court has land jurisdiction.
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Land law — certificate of title conclusive under s.33 Lands and Deeds Registry Act — proof of ownership; Squatting — occupiers without title are squatters and may be evicted; Jurisdiction — High Court retains original jurisdiction in land matters despite Lands Tribunal; Failure of defendants to prove allocation by cooperative or illegality of plaintiff’s title
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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.
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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 |