Skip to document content Skip to main menu Skip to search

High Court of Zambia - 2022 May

10 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Topics
  • Alphabet
Sort by:
10 judgments
Citation
Judgment date
May 2022
Innovative Material Systems Division of Liquid Waste Technology LCC v Herpworth Suppliers Limited and Anor (2019/HPC/0218) [2022] ZMHC 38 (31 May 2022)
Whether directors may be made personally liable and their property charged after dissipating company funds—court pierced veil and ordered charges.
Company law – Lifting the corporate veil under Section 175(1) Corporate Insolvency Act – directors held personally liable where company business carried on to defraud creditors; Tracing and mixed funds (Diplock) – identifiable transfers to directors; Charging orders (Order 50 RSC) – prerequisites met for directors’ assets; Non‑party recipients – cannot be charged absent joinder and hearing.
 31 May 2022
Honourable Dr Chilufya v Anti Corruption Commission and Anor (HP 1476 of 2021) [2022] ZMHC 9 (27 May 2022)
Plaintiff must specify defamatory words and correct inconsistent/unstated damage claims or face dismissal; exemplary/aggravated damages must be specifically pleaded.
Civil procedure – Order 14A preliminary issues; Defamation – requirement to plead words complained of (Order 18, Rule 7); Libel by schedule – leave required; Pleadings – embarrassing/inconsistent endorsements; Distinction between liquidated and unliquidated claims; Requirement to specifically plead exemplary and aggravated damages (Order 18, Rule 12).
 27 May 2022
Honourable Dr. Chitalu Chilufya v The Anti-Corruption Commission and Anor (2021/HP/1476) [2022] ZMHC 125 (27 May 2022)
Plaintiff’s defamation pleadings failed to specify alleged defamatory words; inconsistent and unliquidated damages and unpleaded exemplary/aggravated damages were struck out.
Civil procedure – preliminary objections under Order 14A – defamation pleadings: requirement to plead the exact words or obtain leave to plead libel by schedule; embarrassing pleadings; liquidated vs unliquidated demands; necessity to specifically plead exemplary and aggravated damages.
 27 May 2022
Law Asssociation of Zambia v Chikoli (HP 21 of 1318) [2022] ZMHC 8 (24 May 2022)
Withdrawal of a complaint does not bar disciplinary proceedings; striking off upheld for dishonest handling of client funds.
Disciplinary proceedings — Legal Practitioners Act — professional misconduct for failing to account for client funds — withdrawal of complainant does not bar disciplinary inquiry — right to fair hearing and service of notices — striking off as sanction.
 24 May 2022
David Chongo v Group 4 Secure Solutions Limited (COMP/IRCLK/275/2021) [2022] ZMHC 128 (23 May 2022)
Applicant's claim for terminal benefits after summary dismissal dismissed; paid wages and leave; severance not available retroactively.
Employment law — Summary dismissal — Entitlement under s.51(2) limited to wages and accrued benefits; Collective agreement applicability determined by effective date; Severance under s.54 non‑retroactive; Exhaustion of administrative channels vs. 90‑day jurisdiction rule.
 23 May 2022
Betternow Finance Company Limited T/A Inde Credit Company Limited v Emergency Response Zambia Limited and Ors (2021/HKC/019) [2022] ZMHC 27 (17 May 2022)
Loan secured by surrendered title deed created an equitable mortgage; third-party non-payment did not frustrate borrower’s repayment obligation.
Commercial law – invoice discounting facility – security by deed of assignment, surrender of title and director guarantees – equitable mortgage created by deposit of certificate of title; Contract law – frustration – clause "though not limited to" receivables preserves alternative repayment obligations; Remedies – judgment for debt, interest, possession, foreclosure and guarantor liability.
 17 May 2022
Kashinu Kambanji v Zondiwe Sharon Luhanga Kambanji (2021/HK/FC/D 83) [2022] ZMHC 26 (17 May 2022)
Petition dismissed: two‑year separation under s9(1)(d) fails without respondent’s consent; cross‑petition unsupported by evidence.
Family law – Divorce – Matrimonial Causes Act sections 8 and 9(1)(d) – Two‑year separation requires respondent’s consent – Burden of proof – Cross‑petition must plead statutory grounds and prove allegations – Insufficient evidence; petition and cross‑petition dismissed.
 17 May 2022
The People v Benny Essau Zulu (HP/255/2019) [2022] ZMHC 48 (17 May 2022)
Circumstantial and forensic evidence, including the accused leading police to the body, established murder beyond reasonable doubt.
Murder – Malice aforethought (s200, s204 Penal Code) – Circumstantial evidence – Accused leading police to scene admissible – Forensic pathology and ballistics linking firearm and vehicle – Onus on prosecution; standard of proof beyond reasonable doubt.
 17 May 2022
Even Ami Civil Engineering Ltd v L.M Engineering Ltd (HPC 176 of 2022) [2022] ZMHC 7 (12 May 2022)
A judgment creditor must exhaust execution remedies before filing a winding-up petition; premature petition dismissed.
Company law – Winding-up petitions – Judgment creditors must exhaust execution/enforcement on a judgment (s.57(3)(b)) before petitioning; petition filed prematurely; abuse of process not established.
 12 May 2022
Charles Mpundu v Food Reserve Agency (2018/HP/2182) [2022] ZMHC 34 (11 May 2022)
Plaintiff awarded mesne profits due to defendant's holding over and unreasonable delay in completing required repairs.
Mesne profits; landlord–tenant; holding over after lease termination; requirement of deprivation of possession; delay in repairs as basis for damages; interest and costs; leave to appeal.
 11 May 2022