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Citation
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Judgment date
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| October 2017 |
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Interim status quo injunction granted to preserve competing land title rights pending trial.
Interim injunction – Land dispute – Competing certificates of title – American Cyanamid principles: serious issue to be tried, damages inadequate, balance of convenience – Status quo preserved; State directed to enter appearance.
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10 October 2017 |
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Court invalidated derogatory definitions in the Mental Disorders Act, upheld need for humane treatment and urged statutory reform while declining wholesale repeal.
Constitutional law — Mental health legislation — Derogatory statutory language and discrimination — Involuntary detention and procedural safeguards — Humane treatment and standards of care in psychiatric institutions — Scope of judicial relief versus legislative reform — Supervisory enforcement orders against statutory agencies.
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9 October 2017 |
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Court dismissed procedure challenge to writ, entered judgment on admission and permitted foreclosure and guarantor enforcement.
Civil procedure — originating process — writ vs originating summons; multiplicity of actions; judgment on admission; mortgage remedies — foreclosure, possession, power of sale; enforcement of personal guarantee; disclosure of bank statements.
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7 October 2017 |
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6 October 2017 |
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Decree nisi granted for irretrievable breakdown under unreasonable behaviour; custody to petitioner, maintenance/property referred.
Family law — Divorce — Irretrievable breakdown of marriage under Matrimonial Causes Act Sections 8 and 9(1)(b) — Unreasonable behaviour — Custody of minor children — Referral of maintenance and property settlement.
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4 October 2017 |
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Whether earlier fixed‑term service counts for redundancy where later written employment contracts expressly supersede prior agreements.
Employment law – redundancy – scope of service for redundancy calculations – application of Section 28C(2) Employment Act – effect of subsequent written contracts superseding earlier fixed‑term contracts; contractual incorporation – addenda and supersession clauses; incentive bonuses and employer medical scheme entitlements.
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4 October 2017 |
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Divorce petition dismissed: no continuous two‑year separation and respondent’s consent found not voluntary.
Divorce — Matrimonial Causes Act s.9(1)(d) — living apart for two years — meaning of 'living apart' in long‑distance marriages — consent to decree — voluntariness and subsistence of consent.
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2 October 2017 |
| 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Bills of Exchange – Dishonoured cheque; presumption of valuable consideration; burden to prove fraud/duress. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |