Results.
45 judgments found.
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| September 2017 |
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Mortgagee entitled to payment and to foreclose, possess and sell after respondent's default; signed mortgage interest clause upheld.
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Mortgage enforcement — Order 30 Rule 14 — remedies: payment, foreclosure, possession, sale; incorporation of contractual terms — signed legal mortgage deed binds parties; enforceability of contractual interest (18% per month).
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29 September 2017 |
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Plaintiffs' action dismissed for want of prosecution for failing to provide ordered particulars; counsel's hearsay affidavit expunged.
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Civil procedure — dismissal for want of prosecution — failure to furnish further and better particulars — affidavit by counsel containing hearsay/legal argument — expurgation of inadmissible paragraphs — negotiations with non-party do not excuse non-compliance — prejudice requirement for dismissal.
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29 September 2017 |
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Court dismissed preliminary objections and ordered trial to determine paternity and child-of-family status, despite statutory deeming provisions.
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Family law — paternity — application for trial of issue whether child is a child of the family — omission to cite statutory provision in notice of application not fatal — High Court’s inherent jurisdiction to order trial where DNA evidence raises genuine paternity dispute — Sections 5(1)(c) and 75 of Matrimonial Causes Act do not preclude paternity inquiry for ancillary relief.
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29 September 2017 |
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Five years’ continuous separation, even while cohabiting in separate bedrooms, established irretrievable breakdown permitting divorce.
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Matrimonial Causes Act ss 8, 9(e), 18(1) — Divorce — five years’ separation — living under same roof but in separate bedrooms — irretrievable breakdown — decree nisi — custody, property and maintenance referrals.
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29 September 2017 |
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Mortgagee entitled to judgment for debt and interest and to possession, foreclosure and sale if unpaid within 90 days.
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Mortgage law — Order 30 Rule 14 — enforcement of registered legal mortgage and further charge — remedies cumulative: judgment for debt, contractual interest, delivery of possession, foreclosure and sale — payment period and consequences of non‑payment.
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29 September 2017 |
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Warrants of distress issued on unquantified, unreconciled rent claims are null and set aside; procedural breaches and counsel authority issues noted.
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Civil procedure — Warrant of distress — Validity where rent not reconciled or quantified — Procedural irregularities (omission of "Republic of Zambia") — Authority of advocates to act — Court's interlocutory jurisdiction (Order 3 Rule 2) and reliance on English Rules to fill lacunae.
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29 September 2017 |
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Plaintiff’s Sheriff-auction acquisition of immovable mining assets failed due to irregular execution and lack of statutory surface rights and licence.
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Civil procedure — Execution and sale by Sheriff — writ of fieri facias vs sale of immovable property; Sheriff’s Act ss14–15 — indemnity and purchaser protection; High Court Rules Order XLII — elegit and execution procedure; Mines and Minerals Development Act — mineral processing licence, surface rights, village consent and Zambian shareholding requirements; bona fide purchaser for value/no notice.
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28 September 2017 |
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Applicant established irretrievable breakdown from respondent’s unfaithfulness and domestic violence; decree nisi granted, ancillary matters reserved.
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Matrimonial Causes Act s8 and s9(1)(b) — unreasonable behaviour — social media evidence of intimacy — domestic violence — objective test for irretrievable breakdown — decree nisi; custody/maintenance reserved.
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28 September 2017 |
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Applicants failed to prove entitlement to a vesting order; Section 14 requires a prior court order, so application was dismissed.
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Vesting orders — High Court Act s.14 requires prior court order before nominating another to execute conveyance; Lands and Deeds Registry Act s.63 applies only after court vesting order; applicant must prove entitlement on balance of probabilities.
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28 September 2017 |
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Holder of a dishonoured cheque may sue on it; buyer’s implied‑warranty claim failed where seller was not trading and buyer accepted the goods.
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Bills of Exchange — Dishonoured cheque; presumption of valuable consideration; burden to prove fraud/duress
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Sale of Goods — Section 14 (fitness and merchantable quality) — applicability where seller not in trade. Transfer of property and acceptance — buyer’s retention and payments constitute acceptance; risk passes when parties intend. Counterclaim for defects dismissed
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27 September 2017 |
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22 September 2017 |
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Court ordered trial on paternity; deeming provision and child‑interest rule do not bar judicial paternity determination.
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Family law — Paternity — "Child of the family" under s5(1)(c) Matrimonial Causes Act — Child’s best interests (s75) — High Court’s inherent jurisdiction and Order 3 Rule 2 — interlocutory trial of issue on paternity — omission of statutory citation in process not fatal.
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22 September 2017 |
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Appellant's election reinstated after petitioner failed to prove bribery and undue influence to required electoral standard.
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Electoral law — election petitions — section 97(2)(a) EPA 2016 — candidate liability for acts done by or with candidate's knowledge/consent; standard of proof in election petitions — fairly high degree of convincing clarity; admissibility and weight of unpleaded evidence; need for corroboration of partisan witnesses; annulment of election only where misconduct likely prevented majority from electing preferred candidate.
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22 September 2017 |
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Online publisher liable for defamatory allegations; apology by broadcaster mitigated damages.
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Defamation — libel — truth/justification; fair comment; qualified privilege and responsible journalism; mitigating effect of apology; damages assessment.
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20 September 2017 |
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Applicant’s possession claim dismissed where respondents held earlier state-issued titles and no fraud was alleged.
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Land law — possession — originating summons (Order 113) — priority of title — certificate of title under s.33 Lands and Deeds Registry Act conclusive in absence of fraud — burden of proof — failure to allege fraud.
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20 September 2017 |
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The applicants' pensions must be calculated under section 39(1); section 39(2) imposes a ceiling, not an alternative.
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Public Service Pension Fund Act s39 — retirement in national interest — s39(1) is the operative calculation formula; s39(2)(a),(b) are ceilings, not alternative options — legal opinion on 'best option' not binding — constitutional pension right did not alter statutory construction.
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20 September 2017 |
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Court awarded mortgagee judgment for indebtedness and permitted foreclosure/sale if unpaid after an eight‑month repayment period.
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Mortgage law — legal mortgage and further charge — remedies of mortgagee are cumulative — court may order sale though foreclosure only claimed — judgment for indebtedness and interest; vacant possession and power of sale on default.
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19 September 2017 |
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Interim injunction refused: Commissioner’s discretion and registered title deeds defeat plaintiff’s legitimate expectation claim.
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Interim injunctions; legitimate expectation in land allocation; Commissioner of Lands' discretionary power; registered title deeds conclusive under s33 Lands and Deeds Registry Act; interlocutory relief against owners with registered titles.
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19 September 2017 |
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Whether the applicant may stay proceedings under a narrow adjudicator-to-arbitration clause absent any adjudicator determination.
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Arbitration Act s10 — stay and refer to arbitration; scope of arbitration clause; adjudicator prerequisite; narrow vs broad construction; inadmissibility/risks of counsel-sworn affidavits.
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19 September 2017 |
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Proceedings commenced by an entity without proven capacity and signed by an unqualified person are null and dismissed.
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Civil procedure — capacity to sue (unproved trust status) — mode of commencement — originating summons vs writ and statement of claim — action against deceased (requires personal representative) — cause of action — unauthorised practice of law by unqualified person — nullity of proceedings.
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18 September 2017 |
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Detention for 45 days without being brought before a court violated the applicant’s constitutional right to personal liberty; habeas corpus granted.
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Habeas corpus — detention without being brought promptly before a court — Article 13(3) Constitution — s.33 Criminal Procedure Code — unlawful and unconstitutional detention — immediate release and costs.
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18 September 2017 |
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Court entered judgment on admission where defendant's correspondence plainly and unequivocally admitted the debt, awarding interest and costs.
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Civil procedure — Judgment on admission under Order 21 r6 (High Court Rules) and Order 27 r3 (RSC) — admissions by correspondence — requirement that admissions be clear and unequivocal — abandonment of counterclaim — interest and costs where defendant kept plaintiff out of its money.
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18 September 2017 |
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Court consolidated duplicate suits over the same loan and security, ordering single commercial proceedings and awarding costs to the respondents.
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Civil procedure — Multiplicity of actions — Abuse of process — Consolidation where multiple suits arise from same loan and security — Mortgage/enforceability issues — Commercial jurisdiction.
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15 September 2017 |
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15 September 2017 |
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Plaintiff awarded damages for defamation and trespass against producer and subject of a defamatory documentary; broadcaster exonerated by qualified privilege.
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Defamation — elements (reference, publication, defamatory imputation) — Broadcast documentary — Qualified privilege/public interest — Malice (burden to prove) — Trespass to land (certificate of title, s.33 Lands and Deeds Registry Act) — Exemplary damages for wanton, reckless conduct — Interest and costs.
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14 September 2017 |
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A court cannot enter judgment on admission based on interlocutory findings; admissions must be clear and unconditional.
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Civil procedure — Judgment on admission — admissions must be clear, unequivocal and unconditional — Order 21 HCR and Order 27 RSC; Interlocutory injunction — limits of findings at interlocutory stage; affidavit evidence incomplete and not substitute for trial; discretion to enter judgment on admission; remittal for trial.
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14 September 2017 |
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Whether the applicant's dismissal was wrongful and whether he is entitled to terminal benefits and other pay.
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Labour law — wrongful dismissal — alleged breach of contract and disciplinary procedure — disciplinary and grievance process followed — supervisor negligence for subordinate theft — entitlement to terminal benefits, accrued leave, notice pay and housing allowance — burden of proof.
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14 September 2017 |
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Judgment on admission entered for admitted K340,000; triable issues over circumstances and interest deferred to trial.
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Civil procedure — Admission of fact — Express and implied admissions — Judgment on admission under Order 21/Order 27 — Partial admissions and triable issues — Escrow/payment instructions — Requirement of clarity of admissions.
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13 September 2017 |
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Court stayed only the costs award pending appeal, conditional on taxation and payment into Court; leave to appeal granted.
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Stay of execution — appeal does not automatically operate as stay — discretion — prospects of success and exceptional circumstances required — costs award stayed on terms (taxation and payment into Court) — leave to appeal granted.
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12 September 2017 |
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Lifting the applicant's suspension for state witness status did not bar disciplinary proceedings; dismissal held lawful.
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Employment law — Disciplinary procedures — Suspension lifted for state witness status does not terminate disciplinary proceedings — Wrongful dismissal (contractual) requires breach of employment contract or process — Unfair dismissal is statutory and requires proven statutory breach — Recovery of surcharge via amendment to dismissal and terminal benefits.
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11 September 2017 |
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Court confirmed a two-year sentence, holding sentencing disparity justified by plea and mitigation, not a miscarriage of justice.
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Criminal procedure — Revisionary powers of the High Court — Review of sentence in joint enterprise — Differential sentences justified by plea and mitigation — Appellate interference only for manifestly excessive, wrong in principle, illegal or substantial miscarriage of justice — Right to be heard in revision discretionary.
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11 September 2017 |
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Whether the respondent was bound to pay the plaintiff under a signed quotation and acknowledged invoice for drilling works.
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Contract formation — signed quotation and terms — acceptance; Evidence — invoice and e-mail acknowledgement; Payment — blank cheques completed, deposited then stopped; Burden of proof — balance of probabilities; Remedies — judgment for agreed invoice, interest and costs; Leave to appeal granted.
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11 September 2017 |
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Marriage dissolved on ground of irretrievable breakdown due to continuous separation exceeding five years.
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Divorce law — Irretrievable breakdown — Living apart for at least five years (s.9(1)(e)) — Decree nisi — Referral of maintenance/property issues to Deputy Registrar.
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11 September 2017 |
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Marriage dissolved where the parties lived apart for over five years, establishing irretrievable breakdown.
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Matrimonial Causes Act s8 and s9(1)(e) — irretrievable breakdown of marriage — proof by continuous separation of at least five years — decree nisi granted — maintenance/property issues referred to Deputy Registrar.
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11 September 2017 |
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Court upheld overdraft security and agreed compounding where contracted, but disallowed capitalising arrangement fees and ordered recalculation by Registrar.
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Banking law — overdraft facilities — third party mortgage and further charge — admissibility of historical bank statement entries — compound interest agreed in mortgage — arrangement/facility fees separate and not capitalisable — deduction of interest on reversed debits — assessment by Deputy Registrar.
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8 September 2017 |
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Decree nisi granted where parties lived apart for two years and respondent voluntarily consented to divorce.
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Matrimonial Causes Act — divorce — irretrievable breakdown — two years’ continuous separation — respondent’s voluntary consent — decree nisi.
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8 September 2017 |
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Special leave to apply for review refused due to inordinate delay and inadequate explanation, risking prejudice to third parties.
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Judicial discretion; Order XXXIX r.2 High Court Rules; special leave to review; inordinate delay; inadequate explanation for delay; prejudice to third parties; stay of execution; leave to appeal.
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7 September 2017 |
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Court removed caveats on estate properties, finding the caveator failed to show reasonable cause despite beneficiary status.
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Lands and Deeds Registry Act (s76, s81, s82) — Caveats — Burden on caveator to show cause — Intestate Succession Act (s19) — Duties of administrators — Removal of caveats where administrators accounted — No compensation without pleaded claim.
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7 September 2017 |
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7 September 2017 |
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7 September 2017 |
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6 September 2017 |
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Dismissal was wrongful due to breach of disciplinary appeal timeframe; contractual notice damages and pro rata gratuity awarded.
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Employment law — wrongful dismissal — breach of disciplinary code appeal timeframe — damages limited to contractual notice period; Contractual gratuity — pro rata entitlement on termination for disciplinary reasons; Accrued leave payable on exit; Damages for mental distress require exceptional proof; Exemplary damages require wanton or contumelious conduct.
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5 September 2017 |
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Guarantee procured by misrepresentation and undue influence set aside; guarantor refunded and lender’s counterclaim dismissed.
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Contract law — guarantee and pledge — misrepresentation and undue influence vitiating guarantee — creditor’s duty to ensure guarantor obtains independent legal advice — repayment and interest on sums paid — counterclaim dismissed.
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5 September 2017 |
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Guarantee set aside where creditor and borrower misled guarantor; repayment of K9,000 with interest ordered.
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Guarantee and suretyship — misrepresentation and undue influence — creditor's duty to ensure guarantor obtains independent legal advice — setting aside guarantee — repayment and interest — dismissal of counterclaim.
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5 September 2017 |
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Interlocutory injunction granted to preserve status quo in a property sale dispute where plaintiff showed serious issue.
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Interlocutory injunction — preservation of status quo — serious question to be tried — clear right/good arguable case — irreparable harm — balance of convenience — adequacy of damages — disputed property sale and outstanding balance.
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1 September 2017 |