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High Court of Zambia - 2022 October

7 judgments
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7 judgments
Citation
Judgment date
October 2022
People v Lungu and Ors (3 of 2022) [2022] ZMHC 15 (31 October 2022)
An acquittal entered where no signed charge, plea or trial occurred is null; autrefois acquit cannot bar fresh prosecution.
Criminal procedure — supervisory jurisdiction of High Court to review subordinate court proceedings — autrefois acquit — validity of acquittal upon withdrawal — requirement for signed formal charge under Section 90(4) — distinction between instituting proceedings and conducting private prosecution (DPP authorisation).
 31 October 2022
Emmanuel Ngandwe v Dr. Frank Ngoyi Mbalanga (2019/HP/0308) [2022] ZMHC 69 (26 October 2022)
26 October 2022
Shoprite Holdings Limited and Anor v Africa Opportunity Fund L.P and Anor (2019/HPC/501) [2022] ZMHC 115 (21 October 2022)
Court upheld ex parte registration and enforcement orders for an arbitral award, finding substituted service and share-register rectification acceptable.
Arbitration — Registration and enforcement of arbitral award — Rule 16 ex parte registration — Substituted service via nominees and publication — Court's complementary role in enforcement — Rectification of share register as enforcement measure.
 21 October 2022
First Alliance Bank Zambia Limited v The Plastic Shop Limited and Ors (2022/HPC/0502) [2022] ZMHC 129 (19 October 2022)
Court found debt and default but referred quantum and recoverability of interest/charges to inquiry under consumer-protection limits.
Banking law – Recovery of secured overdraft – Debt existence and quantum – Consumer protection under Banking and Financial Services Act (sections 109,110) – Prohibition/limitation of penal interest – Requirement to prove NPL date, principal at NPL date and composition of claimed sums – Referral to Deputy Registrar for inquiry – Mortgage enforcement and guarantor liability.
 19 October 2022
Lewis Malembeka v Christopher Ntalasha (sued in his capacity as Headman Mukwanka) and Anor (2020/HP/0615) [2022] ZMHC 39 (14 October 2022)
Whether an earlier action challenging a consent judgment constitutes abuse, and whether it can be consolidated with a concluded suit.
Civil procedure - Abuse of court process and multiplicity of actions; Consent judgments - scope of an action to set aside consent judgment; Consolidation - prerequisite that target matters be pending; Remedy of review where joined post-judgment.
 14 October 2022
People v Chilekwa Chisenga and Anor (HT 108 of 2022) [2022] ZMHC 14 (14 October 2022)
Court found the prosecution had made a prima facie case; both accused ordered to be put on their defence.
Criminal law – no-case-to-answer – prima facie standard at close of prosecution – assessment based on appearance of evidence – credibility reserved for final judgment.
 14 October 2022
Florence Mwansa Mutwala v New Future Financial Company Limited (2019 / HP/0377) [2022] ZMHC 70 (10 October 2022)
Whether a written sale with a buy‑back option was in substance an equitable mortgage entitling the applicant to redeem.
Characterisation of transaction — sale versus equitable mortgage; objective interpretation of written contract; buy‑back/option clauses; right to redeem; entitlement to vacant possession; enforcement of freely entered contracts.
 10 October 2022