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High Court of Zambia - 2023 March

6 judgments
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6 judgments
March 2023
Stuart Sikazwe (T/A Musekelelwa Enterprises) v Vurun Beverages Zambia Limited (2018/HP/0247) [2023] ZMHC 39 (29 March 2023)
Contract suspension under an express clause upheld; plaintiff failed to prove claimed losses; defendant's K12,792 counterclaim succeeds.
  • Contract law — distributorship — suspension versus termination — clause permitting suspension for non-payment; civil burden of proof — claimant must prove special losses with transaction-specific evidence; weight of reconciliation documents and unsigned communications; counterclaim established by final reconciliation.
29 March 2023
Zopco SA v Alex Stewart International Zambia Limited and Ors (2021/HKC/041) [2023] ZMHC 84 (29 March 2023)
Court dismissed insurers' application to refer dispute to arbitration and rejected enforceability challenge based on a repealed Insurance Act.
  • Arbitration clause — Order 14A preliminary determination — choice of forum — forum non conveniens — contested factual disputes and allegations of fraud — jurisdictional limits — enforceability under Insurance Act (repealed provision) — dismissal of premature challenge.
29 March 2023
People v G M (HPJ/06/2022) [2023] ZMHC 61 (21 March 2023)
21 March 2023
Abel Ng'andu and Ors v Engineering Institution of Zambia (2022/HP/1214) [2023] ZMHC 72 (6 March 2023)
Committee’s annulment of all elections using unadopted draft rules and without hearing affected persons was unlawful and quashed.
  • Administrative law — judicial review — internal disciplinary/electoral bodies — amenability to review (Datafin) — excess of jurisdiction — use of unpromulgated draft rules — breach of natural justice — Wednesbury unreasonableness.
6 March 2023
Maverick Properties Limited v MC Construction & General Dealers (2016/HP/2373) [2023] ZMHC 40 (6 March 2023)
Plaintiff's premature rescission barred specific performance; deposit refundable; defendant awarded nominal damages and assessed legal fees.
  • Contract law — rescission and anticipatory breach — premature rescission bars specific performance; withholding deposits and unilateral deductions require contractual authority or judicial determination — damages and legal fees recoverable but must be proved/assessed.
6 March 2023
Bicon Zambia Limited v The Engineering Institution of Zambia (2022/HP/1157) [2023] ZMHC 76 (4 March 2023)
Whether the applicant's challenge to a public body's suspension must proceed by judicial review with leave or by writ.
  • Administrative law — Judicial review v. ordinary civil action; leave requirement (Order 53); Order 14A and Order 33 (preliminary issues/strike out); declarations and damages; procedural impropriety, illegality, irrationality; when full trial/viva voce evidence is required.
4 March 2023