Results.
58 judgments found.
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| February 2020 |
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Court affirmed Surveyor General's demarcation as consistent with prior judgment, ordered title deeds per plan and apportionment of survey fees.
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Land law — boundary demarcation — omission in judgment regarding retained portion — review — multiplicity of actions — reliance on Surveyor General's site plan to give effect to earlier judgment; costs apportioned for surveyor fees.
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28 February 2020 |
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28 February 2020 |
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28 February 2020 |
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28 February 2020 |
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28 February 2020 |
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28 February 2020 |
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Interlocutory injunction granted for first plaintiff; injunction discharged for second due to Supreme Court stay.
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27 February 2020 |
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27 February 2020 |
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A plaintiff not party to a contract lacks locus standi to enforce it; amendment without leave cannot cure that defect.
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Civil procedure — Locus standi — Privity of contract bars a stranger to a contract from enforcing its terms; attempted amendment/joinder without leave cannot cure lack of standing — Alleged writ irregularity immaterial where lack of standing is dispositive.
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27 February 2020 |
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27 February 2020 |
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27 February 2020 |
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27 February 2020 |
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Writ of execution for disputed interest set aside; interest to be assessed and seized goods restored.
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Execution — writ of fieri facias — irregular execution where creditor unilaterally computes disputed interest — assessment by Deputy Registrar required — restoration of seized goods or return of proceeds — costs.
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26 February 2020 |
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Plaintiff could not obtain judgment on a land sale balance without first proving title; court ordered title deduction and procedural steps to conclude dispute.
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Contract for sale of land — requirement to deduce title before enforcing purchase price; provisions purporting to bind non-parties severed; laches and delayed prosecution; refusal of judgment on admission absent proof of ownership; procedural directions to conclude long-running litigation.
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26 February 2020 |
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Corporate veil lifted where directors used the company as a façade to defraud a creditor; directors personally liable for judgment debt.
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Company law — separate legal personality — lifting/piercing the corporate veil where company used as façade to defraud creditors; enforcement of consent judgment; directors’ personal liability; costs and interest (LIBOR) awarded.
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26 February 2020 |
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25 February 2020 |
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25 February 2020 |
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25 February 2020 |
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25 February 2020 |
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Backdated sale was void; second defendant holds subject property; specific performance ordered for plaintiff's original plot.
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Backdated contract — void ab initio; Bona fide purchaser for value without notice — protection of third party purchaser; Specific performance — enforceability of original contract for Subdivision R; Vendor's mistaken resale — inability to pass good title; Caveat and injunction — discharge where no equitable interest.
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24 February 2020 |
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24 February 2020 |
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Court granted a preservation order protecting disputed shares during liquidation pending determination of the main action.
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Civil procedure — Preservation/detention of subject-matter of suit — Order 27 R.3 HCR and Order 29 R.2 White Book — preservation of shares during company liquidation — discretionary remedy; adequacy of damages not a prerequisite.
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24 February 2020 |
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Abrupt lane change to avoid a third vehicle breached duty of care and caused plaintiff’s actionable damage.
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Road Traffic Act; negligence — duty of care — breach by abrupt lane change; causation despite third-party fleeing; proof of special damages; assessment of repairs and interest; counterclaim dismissed.
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21 February 2020 |
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21 February 2020 |
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Whether agency and contractual liability existed for unpaid fertilizer supplies, and whether fraud was sufficiently pleaded and proved.
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Contract formation — identity of contracting party; Agency — express, implied and ratification; Fraud — requirement of particularity and proof; Misnomer — typographical error in trading name; Bank transfer — restitution and liability; Interest and costs; Leave to appeal granted.
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20 February 2020 |
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Court entered judgment on admission for outstanding US$14,000, finding the defendant's written admission clear and unconditional.
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Civil procedure — Judgment on admission under Order 21 r.6 — Admission in writing — Clarity and unequivocality of admissions — Request versus condition precedent — Affidavit in opposition not amounting to bona fide defence.
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19 February 2020 |
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Court confirmed an unopposed ex parte Mareva injunction, to continue until further order or trial, with costs in the cause.
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Civil procedure — Mareva (freezing) injunction — Confirmation of ex parte interim freezing order where respondent does not oppose — Injunction to continue until further order or trial — Costs in the cause.
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18 February 2020 |
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Whether subsequent investor status cures initial incapacity to buy land; vendor bound by agent’s ostensible authority; survey and injunction granted.
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Property law — capacity of non‑Zambian to own land; investor permit curing prior incapacity; ostensible authority binds vendor; specific performance and survey of land; bona fide purchaser for value without notice; malicious prosecution and false imprisonment standards.
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17 February 2020 |
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Certificate of practical completion and the employer’s conduct estopped the defendant from denying the construction debt.
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Construction contract — certificate of practical completion — defect liability period — architect as employer's agent — estoppel from employer's acknowledgements — counterclaim for defects requires cogent proof.
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14 February 2020 |
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14 February 2020 |
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Court struck out improperly filed pleadings and documents for non-compliance with discovery rules and improper reply.
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Civil procedure — strike out of pleadings and documents — failure to comply with discovery and inspection (Order 24) — pleadings must state facts not evidence (Order 18(7)) — remedial timetable and costs awarded.
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13 February 2020 |
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The appellant was acquitted because the Prosecution failed to prove fraudulent trick and produced no expert proof the product was fake.
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Criminal law — Cheating (s311) — requirement of fraudulent trick or device — burden of proof on Prosecution — necessity of expert/scientific evidence to prove product fakery — improper substitution of court’s lay examination for expert evidence — identification evidence.
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12 February 2020 |
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11 February 2020 |
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Five‑year continuous separation suffices for irretrievable breakdown under s9(1)(e); court granted decree nisi.
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Matrimonial Causes Act s9(1)(e) — Divorce — five‑year continuous separation — irretrievable breakdown; Matrimonial Causes Rules 1973 Rule 33(3)(ii) — Special Procedure List; Decree nisi — timeline to become absolute; Costs — parties to bear own costs.
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10 February 2020 |
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Administrator ordered to produce inventory and account; distribution must consider the child's age and educational needs.
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Intestate Succession Act (ss.5,8,9,19,42) — Administrator’s duty to produce inventory and render account — Distribution of houses and spouse’s life interest — Children’s shares commensurate with age and educational needs — Personal chattels (motor vehicles) shared among spouse and children.
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10 February 2020 |
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Court confirmed interim injunction restraining the respondent's construction, finding the applicant's title conclusive and damages inadequate.
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Interim injunctions — Order XXVII, Rule 1 — serious question to be tried; certificate of title conclusive absent fraud; balance of convenience; damages inadequate for interference with land; preservation of status quo.
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10 February 2020 |
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Decree nisi granted where parties lived apart two years and respondent consented; custody, maintenance and property to be addressed separately.
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Matrimonial Causes Act 2007 — Divorce — Irretrievable breakdown — Parties lived apart for two years — Respondent's consent — Decree nisi; custody; maintenance; property settlement; costs.
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10 February 2020 |
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Petitioner proved irretrievable breakdown by five-year separation; decree nisi granted, each party to bear own costs.
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Matrimonial Causes Act — divorce — irretrievable breakdown — five years continuous separation — proof of marriage (certificate) — decree nisi — no children/no other proceedings.
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10 February 2020 |
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A Consent Settlement Order obtained earlier bars re‑litigation of land ownership; preliminary objection by notice was valid and sustained.
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Procedure — Preliminary objection — Order 14A r.2 and Order 33 r.3 — Notice to raise preliminary issue acceptable; Res judicata/consent settlement order — court‑annexed mediation settlement equivalent to judgment; abuse of process — re‑litigation barred; striking out defendant.
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10 February 2020 |
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7 February 2020 |
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Court held the one-month notice rule applies to interlocutory pre-judgment proceedings, not post-judgment execution applications; objection dismissed.
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Procedure
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application to stay execution — applicability of Order 2, rule 3 (notice after one year) to post-judgment execution proceedings
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where domestic rules silent, court may look to English High Court practice (White Book) under s.10 High Court Act
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Interpretation — "since the last proceeding" refers to interlocutory pre-judgment proceedings, not execution
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Relief — preliminary objection dismissed; costs to respondents
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7 February 2020 |
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7 February 2020 |
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7 February 2020 |
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Court stayed proceedings and referred the employment terminal-benefits dispute to arbitration, holding the arbitration clause survived contract termination.
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Arbitration clause — separability and survival after contract termination — interpretation of arbitration clauses — stay of court proceedings and referral to arbitration under Section 10(1) Arbitration Act — employment/terminal benefits dispute.
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7 February 2020 |
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6 February 2020 |
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Decree nisi granted where parties lived apart two years and the respondent consented; ancillary issues referred to Deputy Registrar.
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Matrimonial law — divorce — irretrievable breakdown — continuous two-year separation and respondent’s consent as statutory ground — grant of decree nisi and referral of maintenance and property settlement to Deputy Registrar.
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6 February 2020 |
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Court found irretrievable breakdown from respondent's behaviour and granted a decree nisi; each party to bear own costs.
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Family law — Divorce — Irretrievable breakdown — Behaviour making cohabitation unreasonable — Uncontested petition and acknowledgement of service — Decree nisi granted; decree to become absolute after six weeks; each party to pay own costs; leave to appeal granted.
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6 February 2020 |
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Applicant failed to prove imminent dissipation of assets; court refused security and interim attachment under Order 26 Rule 1.
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Civil procedure — Order 26 Rule 1 High Court Rules — security for decree — interim attachment of property — requirement to apply to Court — necessity to prove imminent disposal or removal with intent to obstruct execution — hearsay and unauthenticated documents insufficient.
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6 February 2020 |
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5 February 2020 |
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5 February 2020 |