High Court of Zambia - 2018 April

36 judgments
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Results. 36 judgments found.

36 judgments
April 2018
26 April 2018
26 April 2018
26 April 2018
26 April 2018
26 April 2018
26 April 2018
25 April 2018
25 April 2018
25 April 2018
25 April 2018
25 April 2018
24 April 2018
24 April 2018
The applicant's insurance claim failed because the policy lapsed for non‑payment and was not reinstated.
  • Insurance law — non‑payment of premium — automatic lapse under instalment agreement and Insurance Act; reinstatement requires full clearance of arrears; acceptance of partial late payment does not constitute waiver or reinstate policy; claims arising during lapsation inadmissible; reinsurer involvement immaterial to existence of cover.
24 April 2018
The applicant's stay and leave to appeal were refused because the injunction dissolution left nothing to stay and the appeal lacked realistic prospects.
  • + Injunctions — dissolution of ex parte interim injunction — when there is nothing to stay
  • + Stay of execution — only available where an enforceable remedy exists
  • + Appeal from chambers order — leave required; realistic prospects test
  • + Procedural irregularity — wrong rule cited not necessarily fatal
  • + Appellate scope — issues raised for first time or for trial are not grounds for leave
23 April 2018
23 April 2018
23 April 2018
20 April 2018
20 April 2018
19 April 2018
The applicants obtained specific performance: administrators must complete deceased's land sale contracts and caveat removed.
  • Administration of estates — administrators step into deceased's shoes but cannot vary valid written contracts; specific performance granted for sale of land; caveat removal where caveator fails to show cause.
19 April 2018
Decree nisi granted: respondent's unreasonable behaviour proved and marriage found irretrievably broken.
  • Divorce — irretrievable breakdown — unreasonable behaviour (s9(1)(b)) — credibility assessment — living apart (s9(1)(d)) — custody pending decree nisi becoming absolute — referral of maintenance and property settlement.
19 April 2018
A stay pending appeal was refused where the appeal lacked real prospects and the impugned ruling only awarded costs.
  • Civil procedure — Stay of execution pending appeal; expungement of affidavit paragraphs (legal argument/conclusion); prospects of success previewed by trial court; irreparable injury requirement; costs-only awards not ordinarily stayed.
19 April 2018
19 April 2018
18 April 2018
18 April 2018
17 April 2018
11 April 2018
11 April 2018
10 April 2018
10 April 2018
10 April 2018
6 April 2018
4 April 2018
3 April 2018
3 April 2018