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High Court of Zambia - 2020 November

7 judgments
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7 judgments
Citation
Judgment date
November 2020
First National Bank Zambia Ltd & Another v Metalco Industries Company Ltd & 4 Others (HP/C 358 of 2019) [2020] ZMHC 312 (25 November 2020)
Whether a creditor may set aside a business rescue resolution and administrator appointment for lack of rescue prospects and competence.
Corporate Insolvency Act s22, s36, s44 – Business rescue – Setting aside resolution commencing business rescue – Competence of business rescue administrator – ‘Reasonable prospect’ test – Court’s jurisdiction despite creditors’ internal review rights.
 25 November 2020
Roy Bwalya v Edenvale Investments Limited (2019/HKC/039) [2020] ZMHC 390 (24 November 2020)
Claim for commission dismissed: plaintiff failed to prove agency or partnership and did not discharge the burden of proof.
Company law – corporate personality; Agency and partnership – oral agreements and actual authority; Burden of proof in asserting agency/partnership; Privity of contract; Claims for commissions without formal appointment.
 24 November 2020
Mutinta Lina Mayuni Linyama v David Mbumbi Linyama (2019/HPF/D374) [2020] ZMHC 405 (13 November 2020)
Petitioner’s adultery established irretrievable breakdown; unreasonable‑behaviour claim failed for condonation and inadequate particulars.
Family law – Matrimonial Causes Act – irretrievable breakdown – unreasonable behaviour (s9(1)(b)) – requirement for particulars and effect of condonation; adultery (s9(1)(a)) – admission as proof; joinder of alleged third party (s10(1)) mandatory; Section 13 six‑month rule; welfare of children and property referral.
 13 November 2020
Olive Clearing and Forwarding Ltd v Kibalebozzo (HP/C 472 of 2019) [2020] ZMHC 319 (8 November 2020)
Court expunged improper legal arguments from counsel’s affidavit, admitted a curably defective affidavit, and ordered security or interim attachment.
Procedure – interlocutory applications – preliminary issues under Order 14A; Affidavits – jurat requirements and curable defects; Affidavits – deponents who are counsel must not include legal argument or prayers; Interim attachment – Order 26, Rule 1, requirement to call for security and court's discretion where defendant is non-resident and goods at risk of removal.
 8 November 2020
Foster Talala Tembo & Ors v Casino Marina (APP/IRCLK/212/2020) [2020] ZMHC 484 (6 November 2020)
Where the dispute arose after Constitution Amendment Act No. 2 of 2016, no leave is required to file the complaint out of time.
Industrial relations — leave to file out of time — applicability of section 85(3) ILRA — effect of Constitution Amendment Act No. 2 of 2016 — amicable settlement attempts as excuse for delay.
 6 November 2020
GWALUGUANO INVESTMENTS LIMITED V PIUS MATANGA AND ORS (2008/HP/0733) [2020] ZMHC 480 (6 November 2020)
Whether a later municipal allocation can defeat the applicant's prior property rights defined by original boundary fences.
Land law – sale of land – identification of sold parcel by physical demarcation (wire fence, poles) – erroneous/undated site plans and numbering do not defeat an agreed identifiable sale; Survey diagrams – vendor’s obligations and privity of contract; Municipal allocation – later allocation cannot lawfully encroach on previously sold, physically demarcated land; Possessory and evidential weight of fence stumps and poles.
 6 November 2020
Martin Mutondo v Development Bank of Zambia (2020/HPC/0721) [2020] ZMHC 407 (3 November 2020)
A receiver's termination under a deed was lawful; remuneration requires proven recoveries, while qualifying expenses are secured and payable from charged assets.
Corporate Insolvency Act — appointment and revocation of receivers under deed of appointment; termination-by-notice clauses; receiver's remuneration contingent on recoveries; statutory/regulatory fee caps and freedom of contract; expenses incurred by receiver treated as secured claims with priority under section 20(4).
 3 November 2020