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High Court of Zambia - 2022 January

4 judgments
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4 judgments
January 2022
Kasanka Trust Ltd and Ors v Gulf Adventure Ltd and Ors (HP 1280 of 2021) [2022] ZMHC 2 (25 January 2022)
An interim injunction restrained defendants' destructive activities in a Game Management Area due to likely irreparable environmental harm.
  • Environmental law — interim injunction — American Cyanamid test — serious question to be tried — irreparable environmental harm — adequacy of damages — balance of convenience — locus standi — water abstraction — Game Management Area protections.
25 January 2022
Climate Control Zambia Limited v Module Metrix Zambia Limited and Anor (2020/HKC/0015) [2022] ZMHC 17 (24 January 2022)
Plaintiff failed to prove performance and novation, but judgment entered against the 1st defendant on its admission.
  • Construction contracts; subcontractor's claim; privity of contract; novation (unenforced draft deed); evidentiary burden (invoices, delivery notes, commissioning); judgment against main contractor on admission.
24 January 2022
Zambia Industrial Commercial Bank Limited v Coster Mwaba and Anor (2021/HKC/016) [2022] ZMHC 20 (24 January 2022)
Plaintiff failed to prove existence, valid registration, or sums due under the mortgage; foreclosure application refused.
  • Mortgage law — proof of creation and registration of charge — timeliness of registration — sufficiency and clarity of account statements — originating summons for foreclosure and possession.
24 January 2022
Nuco Industrial Services Limited v Group Five Zambia Limited (2021/HKC/010) [2022] ZMHC 29 (18 January 2022)
Court entered judgment on admission where defendant's condition precedent defence was unsupported and admission was unequivocal.
  • Commercial law — Judgment on admission — Order XXI and Order 27 R.3 — Admission must be clear, unambiguous and unconditional — Condition precedent defence — Order 53 R.6/practice direction — Costs — Post-judgment interest (1% above LIBOR).
18 January 2022