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Citation
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Judgment date
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| 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Procedure — application to stay execution — applicability of Order 2, rule 3 (notice after one year) to post-judgment execution proceedings. Procedure — where domestic rules silent, court may look to English High Court practice (White Book) under s.10 High Court Act. Interpretation — "since the last proceeding" refers to interlocutory pre-judgment proceedings, not execution. 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.
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.
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.
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.
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 |
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Registered title is conclusive absent proved fraud; surveyors must re-survey to determine alleged encroachment before damages.
Certificate of title – Conclusive effect of registered title (Lands and Deeds Registry Act) – Fraud must be distinctly proved – Adverse possession cannot defeat registered proprietor – Order compelling government surveyors to re-survey and locate beacons – Encroachment and eviction conditional on survey findings – Damages declined pending establishment of extent of encroachment
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4 February 2020 |
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4 February 2020 |
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3 February 2020 |
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3 February 2020 |
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3 February 2020 |
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The applicant failed to prove fraud; the registered Certificate of Title was upheld and the claim dismissed with costs.
Land law – Certificate of Title conclusive under Lands and Deeds Registry Act – title challenge only for fraud/impropriety – allegations of fraud require specific pleading and higher standard of proof – ACC investigative letter insufficient without evidence – bona fide purchaser protected.
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3 February 2020 |
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3 February 2020 |
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3 February 2020 |
| January 2020 |
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31 January 2020 |
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Plaintiffs failed to prove goodwill or likely confusion; Registrar properly cleared defendant's Airtel company names and claim dismissed.
Company names — Registrar’s discretion under Companies Act s37 — mode of commencement: writ versus judicial review — Passing off — requirement of operational goodwill and evidence of likely confusion — unregistered name/trademark cannot confer monopoly rights.
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31 January 2020 |
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31 January 2020 |
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31 January 2020 |
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Repayment claim on an oral loan secured by a vehicle dismissed as statute-barred under the six-year limitation rule.
Limitation Act 1939 s.2 — actions founded in simple contract; accrual of cause of action on breach; oral loan agreements; collateral (pledge of vehicle); statute-barred claims.
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31 January 2020 |
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High Court General List retains jurisdiction to hear contractual redundancy claims despite creation of specialised divisions; no referral needed.
Constitutional law – Article 133 divisions of the High Court – jurisdiction of Industrial Relations/Labour Division; High Court general jurisdiction – employment/master-servant disputes; referral to Constitutional Court – when required.
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30 January 2020 |
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30 January 2020 |
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29 January 2020 |