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6 judgments
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6 judgments
December 2025
Trident Packaging Limited v Gavi Beverages Limited and Ors (2024/HKC/64) [2025] ZMHC 110 (2 December 2025)
Adjournment denied where the respondent failed to give 10‑day notice and show compelling exceptional reasons.
  • Civil procedure — Adjournment — Order 33 rules 1 & 2 — ten days' notice required — adjournment only for compelling and exceptional circumstances — application to set aside not a substitute for adjournment notice — Commercial Court fast-track; winding up petition.
2 December 2025
June 2025
Medha Consultancy Limited v Lake Petroleum Limited (2024/HKC/58) [2025] ZMHC 39 (24 June 2025)
Whether a December 2019 payment was a loan or sale; court orders restitution of US$100,000 with SOFR interest.
  • Contract law — characterization of transaction (loan v. sale) — burden of proof for affirmative defence — failure to call witnesses — proof and authenticity of written agreement — unjust enrichment/restitution — interest at SOFR.
24 June 2025
March 2025
Cylinder Repair and Engineering Ltd and Anor v Foveros Mining Limited (2019/HKC/026) [2025] ZMHC 9 (10 March 2025)
Plaintiff's enforcement application dismissed because a court-approved scheme of arrangement forfeited their claim for missing the bar date.
  • Corporate insolvency — Scheme of arrangement — Court-approved scheme binding on all creditors under section 46(8) — Bar date for claims — Forfeiture of unsubmitted claims — Enforcement by writ of fieri facias barred where claim forfeited.
10 March 2025
September 2024
Konkola Copper Mines Plc (In Liquidation) v Kumbele Mining Company Limited and Anor (2020/HKC/0044) [2024] ZMHC 188 (26 September 2024)
Stay denied: procedural default under Commercial Court rules and factual insolvency issues needing evidence, so appeal prospects were dim.
  • Civil procedure — stay of proceedings pending appeal; interlocutory injunction — discretionary stay requiring special circumstances; Commercial Court procedure — mandatory filing of affidavits and skeleton arguments (Order 53); corporate insolvency — s.103(1) leave to sell assets is a factual question requiring evidence.
26 September 2024
July 2023
Tom Sayer v Madison Asset Management Company and Anor (2023/HKC/ 06) [2023] ZMHC 50 (24 July 2023)
2nd defendant lacked standing to discharge a garnishee nisi that expressly related only to the 1st defendant's accounts; application dismissed.
  • Garnishee proceedings — locus standi to set aside ex parte order — effect of stay of execution limited to named party — garnishee order relates to specified judgment debtor’s accounts — creditor equality and insolvency exceptions.
24 July 2023
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