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3,481 judgments
December 2024
Mwiza Mbewe and Anor v Attorney General (2019/HP/1624) [2024] ZMHC 278 (17 December 2024)
High Court lacks jurisdiction to determine disputes over certificates of re-entry; recourse is to the Lands Tribunal.
  • Lands Act s.13(3) — Certificate of re-entry — Jurisdiction — Challenges to re-entry fall within the Lands Tribunal’s exclusive jurisdiction — High Court lacks jurisdiction to determine re-entry disputes.
17 December 2024
James Philip Mdala (Suing as Administrator of the Estate of Agnes Lucia Kaluzi Mdala) v Viva Med Limited and Ors (2021/HP/0790) [2024] ZMHC 265 (10 December 2024)
Applicant failed to prove respondents’ medical negligence or regulator’s statutory breach; leave to appeal granted.
  • Medical negligence — standard of care (Bolam) — peri‑operative anaphylaxis and CPR management — causation and duty to warn (Chester v Afshar considered but not applied) — weight of expert evidence — regulatory/licensing duty of Health Professions Council — absence of post‑mortem undermining causation.
10 December 2024
Christopher Chilongo (Suing as Secretary General of City of Lusaka Football Club 1970) v Cavmont FMO Corporation Limited and Anor (2018/HP/848) [2024] ZMHC 263 (9 December 2024)
Court invalidated a special resolution and consequent share transfers as void, ordered reversion and equitable compensation with 1st defendant mainly liable.
  • Company law — alteration of share capital — validity of resolutions — Companies Act (sections mirroring old s.74/now s.140) — directors’ powers and requirement for member approval — subscription agreements — burden of proof for validity of meetings and resolutions — conversion and allotment of shares — transfers and assignments void for illegality — unjust enrichment and equitable restitution — apportionment of compensation.
9 December 2024
Food Reserve Agency v Lusaka Province Co-Operative Union Limited (2023/HP/ARB/002) [2024] ZMHC 279 (9 December 2024)
An arbitral award was set aside because the arbitrator failed to determine the applicant's counterclaim, though delay and other procedural complaints failed.
  • Arbitration Act s.17 — setting aside arbitral award; Originating summons procedure — Rule 34 Arbitration (Court Proceedings) Rules; computation of time; service on counsel; arbitrator’s procedural powers post‑hearing; denial of hearing opportunity; failure to decide counterclaim renders award invalid; delay and public policy.
9 December 2024
Gargaar Freighters Limited v Kemcore Zambia Limited (2023/HN/198) [2024] ZMHC 256 (9 December 2024)
Defendant liable for full transport invoices despite invoicing to related Botswana entity; nominal damages awarded.
  • Contract interpretation — admissibility of extrinsic/internal emails; corporate group invoicing — liability of contracting party despite invoices to related entity; unjust enrichment/quantum meruit; breach of contract; nominal damages; interest and costs.
9 December 2024
Lapinta Road Network Limited v Bed- Rock Network Limited (2024/HN/420) [2024] ZMHC 255 (9 December 2024)
A typographical misnomer is curable; interlocutory injunction discharged for lack of irreparable harm and potential alteration of status quo.
  • Civil procedure — misnomer/curable error; amendment of pleadings; interlocutory injunction — test: serious question, irreparable harm, balance of convenience, clean hands; preservation of status quo; mining rights and adequacy of damages.
9 December 2024
Raphael Mwale Mulenga and Anor v CNMC Luanshya Copper Mines Plc (COMP/ IRC /ND/ 82 / 2020) [2024] ZMHC 254 (9 December 2024)
Employer lawfully dismissed employees for failing to report witnessed theft; police exoneration did not bar disciplinary action.
  • Employment law — summary dismissal; disciplinary procedure and audi alteram partem; duty to report misconduct as implied contractual term; police exoneration not determinative in civil/disciplinary proceedings; discretion in penalties; reinstatement and backpay rarely awarded; employer's record-keeping and burden on payment claims.
9 December 2024
Raphael Mwale Mulenga and Anor v CNMC Luanshya Copper Mines Pls (COMP/IRC/ND/82/2020) [2024] ZMHC 253 (9 December 2024)
Employer lawfully dismissed employees who witnessed but failed to report theft; dismissal was neither wrongful nor unfair.
  • Employment law — summary dismissal — disciplinary proceedings despite police exoneration — duty to report misconduct as implied contractual term — natural justice and opportunity to be heard — sufficiency of substratum of facts — employer's discretion on penalties — burden on employer to justify dismissal; reinstatement rare.
9 December 2024
Joseph Malanji v Darlington Paul Chitangi (2024/HP/1069) [2024] ZMHC 412 (6 December 2024)
Tenant's withholding of rent for alleged repair failures did not justify non-payment; landlord entitled to arrears and eviction.
  • Landlord and tenant — Rent arrears and eviction — Withholding rent for alleged failure to repair — Tenant not entitled to withhold rent — Rent Act ss 4(e), 13(1)(a), 14
  • Civil procedure — Proof of payment — Sufficiency of evidence — Pictorial statements insufficient; bank/receipts required to discharge alleged payments
6 December 2024
Ultra Care Dental Clinic Limited v Patents And Companies Registration Agency (PACRA) (2024/HPA/070) [2024] ZMHC 361 (6 December 2024)
The applicant’s ex parte request for a stay of a Registrar directive to change its name was dismissed for lack of good and convincing reasons.
  • Companies Act s.341 — appeal against Registrar’s decision — stay of execution — discretionary remedy — requirements for grant of stay (irreparable harm, appeal rendered nugatory) — Order 59 Rule 13 — Nyampala Safaris precedent.
6 December 2024
Ultra Care Dental Clinic Limited v Patents and Companies Registration Agency (PACRA) (2024/HPA/070) [2024] ZMHC 416 (6 December 2024)
Appellant failed to show good and convincing reasons for a stay pending appeal against PACRA’s name-change directive.
  • Civil procedure — Stay pending appeal — Discretionary equitable remedy — Requirements: good and convincing reasons, irreparable harm or appeal rendered nugatory — Order 59 Rule 13
  • Company law — Appeal from Registrar’s decision — Appeal under Companies Act s 341 — Time and notification considerations
6 December 2024
Albatross Mining Limited v Zamastone Limited and Ors (2024/HP/1527) [2024] ZMHC 282 (3 December 2024)
Applicant failed to demonstrate high prospects of success to justify a stay of execution of a consent judgment.
  • Stay of execution — consent judgment — setting aside consent judgment — applicant must show high prospects of success; Order 3 r.2 HCR; legal representation undermining claim of non-comprehension.
3 December 2024
Frank Chinambu and Anor v Zambia Airports Corporation Limited (2020/HP/0482) [2024] ZMHC 270 (3 December 2024)
Director's Car Policy was contractual; sale price wrongly computed (20% depreciation only) and plaintiff entitled to pro‑rata bonus.
  • Employment law — incorporated terms — Director's Car Policy forms part of contract; interpretation of disposal formula (20% depreciation then 25% of residual); management computes sale price, Board approves; entitlement to pro‑rata bonus where employer caused lack of appraisal.
3 December 2024
Sikopo Mataa Ng'andu v Tripher Ng'andu (2024/HPF/D380) [2024] ZMHC 268 (3 December 2024)
Court found irretrievable breakdown due to respondent's unreasonable behaviour and granted a decree nisi, with property settlement referred to Registrar.
  • Divorce — Irretrievable breakdown — Unreasonable behaviour (physical assault, failure to provide, prolonged separation) — Section 8 and 9(1)(b) Matrimonial Causes Act — Jurisdiction (domicile/residence; one-year rule) — Objective reasonable person standard — Cumulative conduct — Decree nisi; property settlement referral; costs; leave to appeal.
3 December 2024
ZCCM Investments Holdings Plc v Konkola Copper Mines Plc (In Provisional Liquidation), Vedanta Resources Holdings Limited and 676 Ors (2019/HP/0761) [2024] ZMHC 301 (2 December 2024)
A pending appeal does not suspend scheme distributions; court ordered immediate payment within 10 days and awarded costs.
  • Corporate insolvency — scheme of arrangement — sanctioning and registration — appeal does not automatically stay distributions; Deed of Release and Waiver does not bar statutory objection or constitutional right to appeal; court power to fix time for compliance with sanctioning order; entitlement to distributions absent stay.
2 December 2024
November 2024
Joyce Mutunda Kaswaya v Christopher Mutinta Kaswaya (2024/HPF/D230) [2024] ZMHC 400 (29 November 2024)
Petitioner established irretrievable breakdown from respondent's cumulative unreasonable behaviour; decree nisi granted, property matters referred to Registrar.
  • Divorce — irretrievable breakdown — unreasonable behaviour (s.9(1)(b)) — cumulative conduct — denial of conjugal rights; jurisdiction — residence/domicile; proof on balance of probabilities; property settlement referral; costs — each party bears own; leave to appeal granted
29 November 2024
Mubiana Sitali and 10 Ors v M & H Packaging Industries Limited (COMP/IRCLK/832) [2024] ZMHC 262 (28 November 2024)
Claims for breach, gratuity and unworked‑period salary were dismissed where dismissal followed repeated unauthorized strikes and dues were paid.
  • Labour law — unauthorized strikes — dismissible misconduct; proof of breach of contract; entitlement to remuneration for periods not worked; Ministerial minimum wage categorisation.
28 November 2024
Percy Mussa v William Tembo (2020/HP/0448) [2024] ZMHC 280 (28 November 2024)
Default judgment set aside because defendant raised an arguable defence despite an unconvincing explanation for default.
  • Civil procedure — setting aside default judgment — primary consideration is an arguable defence on the merits — explanation for default relevant but secondary — seizure under warrant of distress alleged — costs and leave to appeal.
28 November 2024
Horag Mulenga v V. M. General Dealers (2025/HN/IR/39) [2024] ZMHC 318 (25 November 2024)
Employee wrongfully and unfairly dismissed; awarded 12 months' pay and accrued leave; employer's damage claim dismissed.
  • Employment law — wrongful and unfair dismissal — necessity to charge employee and afford hearing — measure of damages beyond notice period — calculation using statutory minimum pay — counter-claim for alleged damage must be proven.
25 November 2024
Matildah M. Chilambwe v The Labour Commissioner and Anor (APPEAL/01/2022) [2024] ZMHC 291 (25 November 2024)
Whether the Labour Commissioner lawfully cancelled the applicant union's registration while court proceedings on its validity were pending.
  • Labour law — Trade union registration — Cancellation of certificate by Labour Commissioner — Effect of pending litigation on recognition and union activity — Section 12 and section 13(4)(a) Industrial and Labour Relations Act — Restoration of registration and costs for non-appearance.
25 November 2024
African Banking Corporation Zambia Limited T/A Atlas Mara v The Competition and Consumer Protection Commission (Re Allan Moosho) (2023/HPC/A0883) [2024] ZMHC 239 (24 November 2024)
Failure to notify a borrower of MPR-driven loan adjustments breached section 49(5); restructuring directive upheld but fine recalculated to published cap.
  • Competition & consumer protection — supply of services with reasonable care and skill — banking services — duty to notify borrowers of interest-rate (MPR) variations — Bank of Zambia circulars and Cost of Borrowing Regulations — judicial notice of public regulatory materials — scope of administrative powers vs. statutory sanctions — published fines guidelines control cap.
24 November 2024
Sharon Muzungu Makungu v Emmanuel Bwalya Makungu (2024/HPF/D561) [2024] ZMHC 269 (22 November 2024)
Decree nisi granted for two‑year separation; petitioner awarded custody; maintenance and property issues referred to Registrar; costs shared.
  • Family law — Divorce — Matrimonial Causes Act s.8 and s.9(1)(d) — Two years' continuous separation as ground for divorce — Decree nisi — Custody awarded to petitioner — Maintenance and property settlement referred to Registrar — Costs each party to bear.
22 November 2024
Alice Sinkala v Andrew Tanganyika (2024/HPF/D484) [2024] ZMHC 396 (21 November 2024)
Uncontested divorce granted for two years’ separation; petitioner granted custody; property settlement referred to Registrar.
  • Family law — Divorce — Matrimonial Causes Act ss.8 and 9(1)(d) — two years’ continuous separation — decree nisi granted; Custody — petitioner awarded custody with respondent access; Property settlement — referred to Registrar where matter uncontested; Costs — each party to bear own costs
21 November 2024
Andrew Mwamba and Ors v Health Professions Council of Zambia (2023/HPIR/ 1297) [2024] ZMHC 231 (21 November 2024)
A minor, non-prejudicial amendment filed without leave was treated as properly before the Industrial Relations Division; matter to proceed on merits.
  • Industrial Relations Court — Pleadings — Amendment of answer — IRC Rule 36 and Rule 55 — High Court Rules inapplicable to IRD — White Book applicable only to lacunae — Validity of pleadings signed by in-house counsel — Substantial justice over procedural technicality.
21 November 2024
Andrew Mwamba and Ors v Health Professions Council of Zambia (2023/HPIR/ 1297) [2024] ZMHC 289 (21 November 2024)
Minor amendment to respondent's answer filed without leave held valid; IRD procedure governed by IRC rules, White Book only fills lacunae.
  • Industrial Relations Court procedure — amendment of pleadings — Rule 36(5) IRC and Rule 55 IRC — applicability of High Court Rules to IRD — English White Book as gap-filler only — validity of pleadings signed by counsel — substantial justice over technicalities.
21 November 2024
Chilanga Cement Plc v Changzhou Zambia Resources Company Limited (2024/HP/1148) [2024] ZMHC 342 (21 November 2024)
Court granted an interim injunction restraining defendant's mining and use of plaintiff's titled land pending final determination.
  • Interim injunction — trespass to land — registered title as prima facie right — balance of convenience — irreparable injury — Order 27 Rule 1 High Court Rules — unopposed application/service.
21 November 2024
Rashmi Ishverdatt Joshi v Grandview Properties Limited (2021/HP/1573) [2024] ZMHC 350 (21 November 2024)
Court granted leave to appeal and a 14‑day extension to appeal the rescission of a contract, finding realistic prospects of success.
  • Appeal — leave to appeal required where not granted by judgment; test: realistic prospect of success; extension of time — discretion and length/reasons for delay; functus officio objection; rescission of contract and loss of deposit.
21 November 2024
Brenda Nyati Ndhlovu v Jator Ndhlovu (2024/HPF/D477) [2024] ZMHC 403 (19 November 2024)
Divorce granted for five-year separation; petitioner awarded custody; maintenance/property matters referred to Registrar.
  • Matrimonial Causes Act — Divorce for irretrievable breakdown — Continuous separation of five years — Decree nisi — Custody of children and access — Maintenance and property settlement referred to Registrar
19 November 2024
Amon Sinkala v Northern Consolidators Limited (2023/HPIR/470) [2024] ZMHC 245 (15 November 2024)
Complainant proved employment and entitlement to statutory 25% severance; specific severance and salary-arrears claims dismissed for lack of proof.
  • Employment law — existence of employment relationship; Employment Code Act 2019 s54 — statutory severance (25% gratuity); burden of proof on claimant for salary arrears; accrued leave quantification in absence of records.
15 November 2024
Armsafety Security Limited v Christabel Bupe Mwamba and Anor (2024/HP/403) [2024] ZMHC 257 (15 November 2024)
Amendment allowed where new relief arises from the original repudiation claim based on post‑writ events; respondents awarded costs.
  • Civil procedure — Amendment of pleadings (Order 18 Rule 1) — Distinction between new cause of action and post‑writ facts giving rise to additional remedies — Prejudice, costs and relation‑back.
15 November 2024
Job Mabuti v Dr. Henry Mbushi, S.C (T/A HBM Advocates) (2023/HP/1251) [2024] ZMHC 287 (15 November 2024)
A legal practitioner may not withhold client judgment funds to satisfy unpaid fees; must render a bill and sue.
  • Legal practitioners — withholding client funds — right of lien — prohibited; recovery of fees requires bill, one‑month wait and court proceedings (Order L Rule 2; Legal Practitioners Act); Order 14A RSC used to determine dispositive legal question.
15 November 2024
Kelvin Kapapilo and 13 Ors v Unitrans Freight Logistics (2021/HPIR/665) [2024] ZMHC 249 (15 November 2024)
Whether complainants dismissed during probation proved entitlement to unpaid salaries, leave or allowances; only one claimant succeeded.
  • Industrial relations — oral employment contracts — dismissal during probation — salary arrears — burden of proof and abandonment of claims — entitlement to leave and allowances — interest on awards (Bank of Zambia Short Term Lending Rate; thereafter 6%).
15 November 2024
Simon Tongowana Kapuya v the People (HPA/28/2024) [2024] ZMHC 306 (15 November 2024)
Conviction quashed where prosecution relied on inadmissible hearsay and failed to prove procurement and mens rea.
  • Criminal law — Procuring execution of documents by false pretences (s.354 Penal Code) — Mens rea and actus reus — Hearsay evidence inadmissible where witness did not personally hear or witness statements or handover — Prima facie case under s.206 Criminal Procedure Code — Conviction on single witness unsafe where evidence is hearsay and uncorroborated.
15 November 2024
Starfrance Zulu v Zambia Daily Mail Limited (COMP/2024/HN/IR/21) [2024] ZMHC 229 (15 November 2024)
Applicant unfairly dismissed; entitled to accrued pension (K241,871.70) and 36 months' salary; wrongful dismissal and severance claims dismissed.
  • Labour law — disciplinary procedure — opportunity to be heard — wrongful vs unfair dismissal — misplaced/unsubstantiated charge — defined contribution pension — accrued benefits payable
15 November 2024
Mutinta Sitemba v Thomas Kampamba Chilufya (2024/HPF/D. 336) [2024] ZMHC 299 (14 November 2024)
Decree Nisi granted where parties lived apart over two years and respondent consented; no collusion or likelihood of resumed cohabitation.
  • Family law — Divorce — Matrimonial Causes Act 2007 — Section 8 and Section 9(1)(d) — two years’ continuous separation plus respondent’s consent — Decree Nisi granted; consideration of collusion (s20) and likelihood of resumed cohabitation (s9(4)) — ancillary matters to mediation.
14 November 2024
Aaron Zulu & 11 ors v G4S Security Services (Z) Ltd (COMP/IRCLK/418/2018) [2024] ZMHC 235 (13 November 2024)
Court found dismissal reasonable for withdrawal of labour; unfair dismissal claim dismissed.
  • Employment law — Alleged illegal strike/withdrawal of labour — Reasonableness test for dismissal — Employer’s disciplinary power — Unchallenged disciplinary minutes as evidence.
13 November 2024
Kombe Mulenga Nkhoma v National Road Fund Agency (2022/HPIR/134) [2024] ZMHC 248 (13 November 2024)
Claim for wrongful/unfair dismissal dismissed; disciplinary process found fair and mental anguish unproven.
  • Employment law — disciplinary procedure — wrongful dismissal — unfair dismissal — double claiming of imprest/duplicate payments — requirement of proof for mental anguish damages; procedural fairness of domestic disciplinary hearings.
13 November 2024
Webster Chanda v Grand Corporate Business Consultants Limited and 2 Ors (2023/HP/1645) [2024] ZMHC 383 (13 November 2024)
Court declined charging order application for lack of jurisdiction because Order 50 RSC is premised on an English Act not extended to Zambia.
  • Civil procedure — Charging orders — Applicability of Order 50 RSC in Zambia — Charging Orders Act 1979 not extended to Zambia — Court lacks jurisdiction to grant charging order under Order 50 RSC; defective affidavits — Court may admit defective affidavits under Order 5 Rule 13 where defect is formal.
13 November 2024
George L. Kalema (Suing as General Secretary of UNUPSE) v Delta Force Security (COMP NO. 2022/HPIR/726) [2024] ZMHC 246 (12 November 2024)
Recognition agreement fixes employer’s duty to remit union subscriptions; pre-agreement arrears not recoverable; unpaid fees to be quantified.
  • Labour law — trade union subscription fees — recognition agreement crystallising employer’s obligation to remit subscriptions — recoverability of pre-recognition arrears — consequence of party’s non-appearance at trial.
12 November 2024
Kumamwa Moliya (suing as Headwoman Mwachinondo) and Ors v Marvin Mbaimbi Mohamed and Ors (2023/HP/1801) [2024] ZMHC 193 (4 November 2024)
Relitigation of alleged fraudulent land conversion held to be res judicata and an abuse of court process.
  • Res judicata — relitigation of land ownership and alleged fraudulent conversion; abuse of court process — multiplicity of litigation; Order 14A Whitebook — determination of questions of law without full trial; onus to prove fraudulent land conversion; injunction discharged.
4 November 2024
October 2024
Felister Musonda (Suing in her capacity as Administratrix and Beneficiary of the estate of the Late Victor Mupenda) v Republique Democratique Du Congo Consulate General (Sued in the capacity as employer of the deceased) (2024/HN/314) [2024] ZMHC 293 (31 October 2024)
A claim for employment benefits against a consular office is barred by statutory consular immunity; the High Court lacked jurisdiction.
  • Diplomatic/Consular immunity — Diplomatic Immunities and Privileges Act (Ch.20) — Consular officers and offices immune from suit and legal process in respect of acts in course of official duties — Jurisdictional bar to claims for employment benefits against consular offices — Court's duty to satisfy condition precedent of jurisdiction even if defendant does not respond.
31 October 2024
Phanuel Makombe v Lactalis Zambia Limited (2022/HPIR/186) [2024] ZMHC 247 (31 October 2024)
Summary dismissal for gross negligence and prior misconduct was lawful; no damages for mental distress awarded.
  • Employment law — dismissal — gross negligence and accumulation of misconduct; unfair vs wrongful dismissal; procedural defects do not nullify dismissal where dismissible offence proven; damages for mental distress require unfair/wrongful dismissal and proof.
31 October 2024
The Anti-Corruption Commission v Stardy Mwale and Ors (2022/HPEF/13) [2024] ZMHC 294 (31 October 2024)
Civil non‑conviction forfeiture application alleging Simonga Farm was acquired with proceeds of corruption; key issues include tainted property, proof standard, and proprietary interests.
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31 October 2024
Elijah Mukela Akangulubeta v Chinamanongo Lodge (2021/HPIR/60) [2024] ZMHC 250 (30 October 2024)
Applicant awarded accrued leave and salary arrears; claims for terminal benefits and unfair dismissal failed for lack of proof.
  • Employment law — verbal employment — proof of employer/employee relationship; entitlement to accrued leave and unpaid salary arrears; failure to prove terminal benefits; proceedings in absence of respondent; interest on awards.
30 October 2024
Frackson Njovu (Suing on his own behalf and on behalf of 10 other members of UNIP) v Tiyenji Chanda Kaunda (Sued both as President of UNIP and in his own capacity) and Ors (2019/HP/1237) [2024] ZMHC 286 (30 October 2024)
Court allowed substitution of defendants sued in representative capacities with newly registered office bearers.
  • Civil procedure — alteration of parties — Order 15 Rule 1 High Court Rules; substitution of parties sued in representative capacity; reliance on Registrar of Societies records; unopposed application; costs in the cause.
30 October 2024
Godfrey Shamanena v Anti-Corruption Commission (2024/HPEF/003) [2024] ZMHC 297 (30 October 2024)
Order 20 Rule 11 cannot be used to expand a judgment to grant substantive, unpleaded reliefs.
  • Slip rule (Order 20 r.11) — correction of clerical mistakes or accidental slips only — cannot be used to grant unpleaded substantive relief; pleadings define reliefs; court functus officio after judgment.
30 October 2024
Mubiana v Zambia National Commercial and Another (2023/HP/1227) [2024] ZMHC 419 (30 October 2024)
False imprisonment claim accrued on detention in March 2015; filed after six‑year limitation and therefore statute‑barred.
  • Civil Procedure — Summary determination under Order 14A (White Book) — Jurisdiction to decide pure questions of law without full trial
  • Tort — False Imprisonment — Accrual of cause of action — Civil cause of action accrues on date of detention
  • Limitation — Actions founded on tort — Six‑year limitation period (three years where claim includes personal injuries)
30 October 2024
Moses Sakala v Joyce Sinyiza and Anor (2023/HP/0?08) [2024] ZMHC 357 (29 October 2024)
A certificate of title is conclusive absent proved fraud; defendants failed to prove fraud, so plaintiff’s title upheld.
  • Land law — Certificate of title — Conclusive effect of registered title absent proven fraud or procedural impropriety — Allegations of fraud require specific pleading and higher standard of proof — Regularisation of settlements — Possession versus registered title.
29 October 2024
Zambia National Building Society v Abraham Miti and Anor (2024/HPC/0411) [2024] ZMHC 228 (28 October 2024)
The applicant entitled to judgment, vacant possession and sale after the respondents’ default; 60 days to pay before foreclosure.
  • Mortgage enforcement — Legal mortgage — Order 30 Rule 14 High Court Rules — Default — Remedies: judgment, foreclosure, sale, vacant possession — Cumulative remedies — Equity of redemption — Court-prescribed redemption period.
28 October 2024
Africa Supermarket Limited v Handford Chaaba and Anor (2015/HK/709) [2024] ZMHC 264 (25 October 2024)
Section 52 offences are criminal; the Commission may investigate but must refer prosecutions to courts; investigator can be a consumer.
  • Competition and Consumer Protection Act s52 — creates criminal offence; Commission's role investigatory not adjudicative; referral to courts/DPP for prosecution; 'consumer' definition includes investigator purchaser; Food and Drugs Act relevance where product expired; apparent bias standard.
25 October 2024