High Court of Zambia - 2020

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469 judgments

Citation	Judgment date
January 2020
Mundia Mundia v Phiri (HP/A 31 of 2019) [2020] ZMHC 302 (29 January 2020)	29 January 2020
Investrust Bank Plc v Daka & 2 Others (HP 198 of 2018) [2020] ZMHC 240 (28 January 2020)	28 January 2020
Irfan Suleman Narbhandh v Musonda (HP 2023 of 2018) [2020] ZMHC 227 (28 January 2020)	28 January 2020
Pacific Cigarette Company v Alla Mcnab (HPF/D 9 of 2019) [2020] ZMHC 332 (28 January 2020)	28 January 2020
Patrick Sambi Malala v Chinyama & Another (HP 2198 of 2018) [2020] ZMHC 234 (28 January 2020)	28 January 2020
Xue Jiangxu and Anor v Lewis Musho (Sued as Receiver of Platinum Gold Equity and Kitwe Development Limited) v (2016/HPC0430) [2020] ZMHC 424 (28 January 2020) A company in receivership cannot sue except through its receiver; failure to do so renders the action null and void. Company law – receivership – locus standi – only the receiver can sue or defend for a company in receivership; nullity ab initio. Civil procedure – abuse of process, duplicity of actions, forum shopping Companies Act s281 – leave to sue in liquidation contexts	28 January 2020
Xue Jiang Xu & Another v Mosho(sued as receiver of platinum gold and Kitwe development Limited) & Another (HPC 430 of 2016) [2020] ZMHC 135 (28 January 2020)	28 January 2020
Bob Mathews Mubanga v Lusaka Water and Sewerage Company Limited (HP 1066 of 2018) [2020] ZMHC 209 (27 January 2020) Whether a permanent and pensionable employee is entitled to contractual gratuity on resignation under a company manual. Employment law – conditions of service – administrative manual vs draft – classification of grades 1–3 (fixed-term) and 4–6 (permanent and pensionable) – gratuity on resignation payable only to contractual staff – literal interpretation of contract terms.	27 January 2020
Geofrey Mubanga v Tiki & 3 Others (HP 117 of 2019) [2020] ZMHC 259 (27 January 2020)	27 January 2020
Chandrakant Girdhar Vaghela v The Attorney General & Another (HP 1376 of 2019) [2020] ZMHC 285 (26 January 2020)	26 January 2020
First National Bank Zambia Ltd v Spectrum Industries Ltd & Another (HP/C 463 of 2019) [2020] ZMHC 318 (24 January 2020)	24 January 2020
Chicken Slice Zambia Limited v Slice Investments Limited (2018/HPC/0423) [2020] ZMHC 473 (20 January 2020) The respondent (registered proprietor) entitled to injunction against the applicant’s continued use of its registered trademarks. Trade Marks Act — s7 bars actions by proprietors of unregistered marks for infringement; registered proprietor’s rights (s9, s57) — exclusive use and entitlement to injunction; damages require proof of loss or profit.	20 January 2020
Amatheon Agric Zambia Limited v Cassia Consultant Limited (HP/C 367 of 2019) [2020] ZMHC 313 (17 January 2020)	17 January 2020
Felimart Investment Ltd v Rhino Bicycles Limited & Another (HP/C 502 of 2019) [2020] ZMHC 320 (17 January 2020)	17 January 2020
The People v Patrick Chewe (HP/ 82/2017) [2020] ZMHC 421 (17 January 2020) Court convicted soldier of murder, rejecting accidental‑discharge defence based on circumstantial evidence and post‑offence conduct. Criminal law – Murder – Malice aforethought – Defence of accident – Firearm safety and training – Circumstantial evidence – Concealment and flight as indicia of guilt – Caution with child/relative witnesses but corroboration by independent evidence.	17 January 2020
Airtel Networks Zambia Plc v National Housing Authority (2016/HPC/0453) [2020] ZMHC 429 (16 January 2020) Whether the respondent validly increased rent by notice and lawfully distrained; agency and tenant's liability. Agency — conduct and correspondence establishing agency; tenancies — tenancy at will and reliance on unexecuted lease; contract — validity of rent increase by notice; distress — lawfulness of warrant for rent arrears; remedies — quantification and enforcement of distraint.	16 January 2020
Husty Moffat Mwachilele v Junko Investment & Another (HP 721 of 2017) [2020] ZMHC 151 (16 January 2020)	16 January 2020
Ivy Simeza Nshindano v Kenneth Nshindano (2019/HP/F/319) [2020] ZMHC 470 (15 January 2020) Court granted protective injunctions against assault, removal and disposal of matrimonial property but refused respondent's exclusion from the home. Matrimonial injunctions – s101(1) Matrimonial Causes Act and Order 27 Rule 7 – protective restraining orders – occupational order/ exclusion from matrimonial home – standard of evidence – restraint on disposal of matrimonial property.	15 January 2020
Access Bank Zambia Limited v Chichoke Investments Limited & Another (HPC 92 of 2018) [2020] ZMHC 193 (14 January 2020)	14 January 2020

High Court of Zambia - 2020

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