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High Court of Zambia - 2015 July

3 judgments
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3 judgments
July 2015
Mukasano v Mukosha and Others (HP 328 of 2015) [2015] ZMHC 136 (28 July 2015)
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.
28 July 2015
Hussa Limited v Access Bank Zambia Limited (HPC 745 of 2011) [2015] ZMHC 114 (13 July 2015)
The respondent bank lawfully withdrew the applicant’s cheque facility under statute; stopped-cheque markings were not defamatory.
  • 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
13 July 2015
Agri-options v Jeffrey's Bakery Limited (HPC 31 of 2015) [2015] ZMHC 111 (7 July 2015)
Judgment for the applicant for unpaid flour supplied under a signed credit agreement, based on documentary admissions.
  • 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
7 July 2015