Results.
102 judgments found.
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| March 2026 |
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Defendant entitled to set off losses from thefts against unpaid invoices; exact losses to be assessed by the Registrar.
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Contract/Commercial law — Guarding services — interpretation of deployment instruction (two officers per shift) — breach of duty of care/negligence — set-off under clause 6.4 — disputed invoice procedure (clause 6.3.3) — valuation of losses to be assessed by Registrar — interest and costs to abide assessment.
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5 March 2026 |
| November 2025 |
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Whether arbitration clauses survive contract dissolution and oust court jurisdiction, and if certain affidavit paragraphs should be struck out.
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Arbitration Act s.10(1) — stay and refer to arbitration; High Court Rules Order V Rules 15–16 — content of affidavits; separability of arbitration clause — survival after contract dissolution; competence of section 10 application without prior appearance; joinder application dependent on jurisdictional outcome.
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17 November 2025 |
| October 2025 |
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Inaccurate CRB reporting breached statutory duties and was negligent, but plaintiff failed to prove causation or actual loss, so claim dismissed.
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Credit reporting — Accuracy obligation of credit providers — Credit Data (Privacy) Code clauses 2.6 and 2.7 — Presumption of contravention where verification steps not taken — Negligence in handling credit data — Causation and proof of actual damage required for recovery of damages for statutory breach or negligence.
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6 October 2025 |
| September 2025 |
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Electronic service plus affidavit of service satisfied Order VI Rule 1(d); application to set aside originating process dismissed.
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Civil procedure — Order VI Rule 1(d) High Court (Amendment) Rules 2020 — requirement to serve letter of demand — electronic service and read receipts — affidavit of service — Court’s interlocutory power under Order III Rule 2 — setting aside originating process.
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30 September 2025 |
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A priority-client investment loss did not establish adviser liability; contractual terms and regulatory framework showed the bank was a non-advisory distributor, so claim dismissed; costs awarded to plaintiff.
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Banking and wealth management — distributor v adviser; securities contracts — ISAF/CIP/term sheet govern relationship; misrepresentation and negligent misstatement — burden of proof; Securities (Conduct of Business) Rules — freedom of contract, consumer protection and limits on exclusion clauses; costs awarded where conduct falls below internal code despite substantive defeat.
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8 September 2025 |
| August 2025 |
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An interim injunction pending appeal was confirmed to prevent the applicant convening meetings, disposing assets, or interfering with management.
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Injunction pending appeal — jurisdiction to grant interim injunction — preservation of status quo — balance of convenience — prospects of success on appeal — special circumstances — locus standi of liquidator/central bank in corporate affairs.
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29 August 2025 |
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Whether binding purchase orders under a framework agreement justified specific performance and payment for undelivered goods.
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Contract law — Framework agreement and purchase orders — binding nature of purchase orders under clause 3.4; termination and cancellation — contractual notice and material breach; specific performance ordered for undelivered, specific goods; evidentiary weight of laboratory test reports (ZABS); damages — special damages for storage proved, lost profits not proven.
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12 August 2025 |
| July 2025 |
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A witness statement executed abroad with an electronic signature must be authenticated under the Authentication of Documents Act to be admissible.
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Evidence — Authentication of foreign documents — Authentication of Documents Act — "Document" includes witness statements — verification of signature required — unauthenticated foreign documents inadmissible — Evidence Act does not displace Authentication Act.
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22 July 2025 |
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Written contract sold the leasehold interest; no mistake; defendant defaulted; forfeiture and rescission granted, damages to be assessed.
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Contract — sale of leasehold interest vs title — parole and documentary evidence — mistake/cross‑purposes — enforceability of forfeiture clause — rescission for breach — equitable damages for loss of use; counter‑claim dismissed.
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22 July 2025 |
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Bank not liable where customer delayed recall of cross‑border payment and bank took prompt, reasonable recovery steps.
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Banking law — duty to follow customer instructions; recall versus stop order; cross‑border payment limitations; reasonable steps to recall; proof of assurances and timing of recall.
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14 July 2025 |
| June 2025 |
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Receiver’s deed showing appointment suffices to permit substitution of a company in receivership as party to litigation.
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Civil procedure — alteration/substitution of parties — Order 16 Rule 1 High Court Rules; Corporate insolvency — appointment of receiver under deed — Corporate Insolvency Act s4; Evidence of receivership — deed bearing PACRA stamp sufficient despite PACRA record inconsistencies; Company under receivership lacks capacity to act by directors — only receiver may sue or be sued.
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25 June 2025 |
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Third‑party claim dismissed as res judicata after prior judgment invalidated IPCs and payment obligation.
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Res judicata — same parties, cause of action and subject matter — prior judgment final and binding; Interim Payment Certificates (IPCs) — validity and role as precondition to employer's payment under EPC contract; Third‑party proceedings terminated in limine; Costs — each party to bear own costs (Order 40 r.6).
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12 June 2025 |
| March 2025 |
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Court dismissed application to expunge uncertified data and relevant documents, allowing authentication at trial and expunging improper affidavit paragraphs.
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Civil procedure — interlocutory application to expunge documents — Electronic Communications and Transactions Act (Sections 9(4), 12(3)) — certification versus authentication of data messages — affidavit formalities and expungement for extraneous matter — relevance objections premature pre-trial.
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31 March 2025 |
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Claims under the Landlord and Tenant (Business Premises) Act must be commenced by originating notice of motion; originating summons robbed court of jurisdiction.
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Landlord and Tenant (Business Premises) Act — mode of commencement — originating notice of motion v originating summons — jurisdiction — interpretation of lease rights (termination, renewal/right of first refusal, ownership of improvements).
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28 March 2025 |
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The applicant is entitled to remittance and account closure; the respondent cannot retain dormancy charges caused by its own lapse.
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Bank–customer relationship; account closure procedure; Bankers Association of Zambia Code as prescriptive standard; acquiescence by conduct; dormancy and bank charges; unjust enrichment; interest on judgment sums; costs award.
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24 March 2025 |
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Without-prejudice settlement communications are inadmissible; plaintiff's negotiation paragraphs and recording expunged, leave to amend granted.
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Evidence — Without prejudice communications — Settlement negotiations — Admissibility — Privilege — Expunction of negotiation paragraphs and recording — Leave to amend pleadings — Procedural objections.
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13 March 2025 |
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Purchase orders created a contract; breach found but fraud and claimed losses unproven; nominal damages awarded.
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Contract formation — purchase orders and conduct — implied/express contract; Breach of contract — partial performance and unilateral rescission; Fraudulent misrepresentation — higher civil standard of proof; Quantification of special damages — requirement of evidence and certainty; Currency/exchange-rate claims — transactions in kwacha and refund; Remedies — nominal damages where special loss unproven.
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5 March 2025 |
| February 2025 |
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Failed negotiations left no binding post-termination contract; specific performance, valuation orders, and damages were refused.
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Contract law — negotiation to agree on price does not create a binding contract; Specific performance — discretionary remedy; Valuation — court will not appoint valuer where negotiations failed; Evidence — expert reports expunged for non-compliance with rules.
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7 February 2025 |
| January 2025 |
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The applicant's subpoena application was dismissed for failing relevance, necessity and proportionality requirements; costs in the cause.
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Civil procedure — Subpoena ad testificandum and duces tecum — Leave discretionary — Criteria: relevance, necessity, proportionality, legitimate purpose, timing, procedural compliance — Party subpoenas to be filed at least 14 days before trial — No trial by ambush.
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29 January 2025 |
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The defendants' preliminary jurisdictional objection based on a South African forum clause was dismissed; foreign clause not automatic ouster.
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Private international law — choice of law vs choice of forum — non-exclusive foreign jurisdiction clause — forum non conveniens — court's power to decide preliminary issues under Order 14A/Order 33 — curable defects in affidavits — affidavits sworn by counsel (evidence from the bar).
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15 January 2025 |
| November 2024 |
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Failure to notify a borrower of MPR-driven loan adjustments breached section 49(5); restructuring directive upheld but fine recalculated to published cap.
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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.
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24 November 2024 |
| October 2024 |
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The applicant entitled to judgment, vacant possession and sale after the respondents’ default; 60 days to pay before foreclosure.
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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.
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28 October 2024 |
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Where an arbitration clause is silent on appointment, a party must seek an arbitral institution’s appointment before court intervention.
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Arbitration law — Arbitration clause silent on appointment — Arbitration Act s.12 and UNCITRAL Model Law Art.11 — party must request arbitral institution to appoint arbitrator — limited role of Court in appointment.
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16 October 2024 |
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Court assessed loan balance, held interest was simple at the contract rate, calculated judgment and authorised foreclosure.
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Assessment of amount due — Registrar’s limited jurisdiction — Contractual interest rate (60% p.a. / 5% monthly) — Simple versus compound interest — Calculation of judgment sum — Credit for interim payment — Foreclosure remedy — Leave to appeal granted
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14 October 2024 |
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Issuing a FiFa against the mortgagor is irregular where judgment provides for foreclosure and separate enforcement of guarantors.
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Civil procedure — Execution — Writ of fieri facias — Irregularity where FiFa includes mortgagor though judgment envisaged foreclosure and separate enforcement of guarantors; necessity of evidence (valuation) to justify enforcement against guarantors; stay of execution pending challenge to writ.
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14 October 2024 |
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Non-compliance with Companies Act execution formalities rendered the NDA invalid and the applicant's claim dismissed.
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Companies Act s.32(4) — statutory execution formalities for corporate documents — document signed by single signatories without attestation invalid — severability clause cannot cure failure to comply with mandatory statutory formalities — claim dismissed in limine.
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11 October 2024 |
| September 2024 |
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A contractual clarification that insurer cover applied for gross negligence estopped the defendant from relying on a ZMW2,500 limitation.
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Contract law — limitation of liability clause; clarification/addendum and estoppel; fidelity guarantee insurance — insurer's duty to indemnify; proof of loss; breach of contract and recovery of unpaid fees; interest and unconscionable contractual rate.
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19 September 2024 |
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Applicant bank entitled to contractual compound interest, judgment and foreclosure; Section 110 caps recoverable interest but does not suspend it.
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Mortgage actions — Order 30 Rule 14 — remedies; Contractual compound interest enforceable where clause permits it; Banking and Financial Services Act Section 110(1)(b) — in duplum rule caps recoverable interest but does not suspend interest on non-performing loans; Foreclosure, possession and enforcement against surety permitted; Judgment entered for bank.
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16 September 2024 |
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Claim against the 2nd defendant dismissed as statute-barred; vicarious liability not established.
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Limitation Act 1939 (as extended to Zambia) — accrual of cause of action — statute-barred claims; vicarious liability — requirement of sufficient nexus between tortfeasor and principal; Order 14A — determination of pure questions of law without full trial; continuing trespass vs accrual for limitation.
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16 September 2024 |
| August 2024 |
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Application for judgment on admission dismissed where alleged admission of debt was disputed and not unequivocal.
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Civil procedure — Judgment on admission — Order 21 Rule 6 — Admission must be clear, unambiguous and unequivocal; company name change does not defeat rights; disputed repayments, rebates and acquittals may create triable issues preventing summary judgment.
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30 August 2024 |
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The applicant’s leave application was dismissed because Section 23 does not require leave for appeals from the High Court.
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Court of Appeal Act s23 — leave to appeal — appeals from High Court — Order 10 Rule 4(3) Court of Appeal Rules — application misconceived — appellate precedents: Chainama Hills; Mirriam Banda Zimba.
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19 August 2024 |
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Insufficient evidence linking accused to ownership/control of dogs; no prima facie case for manslaughter.
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Criminal procedure — no case to answer — prima facie test; Manslaughter by omission/culpable negligence; Duty to control dangerous animals (s.214 Penal Code); Proof of ownership and control of animals; Identification and causation in animal‑attack fatalities.
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13 August 2024 |
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Minority shareholder granted leave under Companies Act s331 to pursue derivative claim for alleged majority shareholder fiduciary breaches.
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Companies Act s331 — derivative action — leave to commence proceedings — criteria: likelihood of success, costs, prior action by company, company’s interests; Foss v Harbottle exception; majority shareholder fiduciary duties; procedural sufficiency of power of attorney; effect of company’s failure to oppose.
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12 August 2024 |
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Application for judgment on admission dismissed because defence and documents lacked clear, unequivocal admissions.
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Judgment on admission — discretionary relief — requires clear and unequivocal admission in pleadings or documents; set-off and disputed valuation preclude entry of judgment; general denials versus traversing allegations.
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2 August 2024 |
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Possession or manufacture of sample bags alone does not prove trade mark use in the course of trade.
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Trade mark infringement — registered proprietor — elements: valid registration, use in course of trade without consent, likelihood of confusion — possession/manufacture of sample sacks does not necessarily constitute use in trade — burden of proof on proprietor.
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2 August 2024 |
| July 2024 |
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Failure to specifically traverse allegations can amount to deemed admissions, but the court may still refuse judgment on admission where substantive disputes and a counterclaim exist.
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Civil procedure — Order 53 Rule 6 High Court (Amendment) Rules — failure to specifically traverse allegations — deemed admission — discretion to enter judgment on admission — counterclaim and substantive disputes may render judgment inappropriate.
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29 July 2024 |
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Applicant awarded judgment for loan recovery; Registrar to assess amount; foreclosure permitted if unpaid within 90 days.
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Equitable mortgage; loan recovery; enforceability of contractual interest and fees; assessment of judgment debt by Registrar; foreclosure and sale of mortgaged property.
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22 July 2024 |
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Court set aside business rescue resolution where board lacked reasonable belief of financial distress and prospect of rescue.
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Corporate Insolvency Act — commencement of business rescue — s21: statutory test for 'financially distressed' (likely insolvent within six months) and reasonable prospect of rescue — s22 court power to set aside resolution — filing at PACRA — invalid business rescue cannot be converted into liquidation without appropriate procedure — interlocutory relief under s28(2) only available during valid business rescue proceedings.
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19 July 2024 |
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The court set aside an arbitral award because the tribunal decided third‑party title/joint‑bailor issues, violating natural justice.
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Arbitration Act s17 — setting aside award; validity of arbitration agreement; jurisdictional challenges and 30‑day rule; disputes beyond scope of submission; public policy and natural justice — tribunal determining third‑party title/joint bailor issues; separability and finality of arbitral awards.
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5 July 2024 |
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Application to strike out defendants succeeded because claims were against the company alone without pleading to lift the corporate veil.
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Company law — separate legal personality — corporate veil — misjoinder under Order 14 Rule 5(2) — necessity to plead facts to lift corporate veil.
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5 July 2024 |
| June 2024 |
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Application to pay a judgment by instalments dismissed for insufficient and outdated financial disclosure.
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Civil procedure — Payment of judgment by instalments (Order 36 Rule 9) — Necessity of full, current disclosure of income, assets and liabilities (Order 47 Rule 1(3) White Book) — Insufficient disclosure; application dismissed.
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28 June 2024 |
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Minority shareholders excluded from company affairs; oral shareholders' agreement unenforceable; court ordered audited accounts and possible forensic audit.
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Company law — minority shareholders' rights — enforceability of oral shareholders' agreement against a company — Companies Act duties: AGMs, audited financial statements and dividend declarations — failure to call evidence — court order for audited accounts, internal production/sales reports and potential forensic audit — costs awarded to successful shareholders.
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27 June 2024 |
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High Court lacks jurisdiction to order instalment payments of a registered arbitral award; application dismissed.
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Arbitration — Enforcement of arbitral awards — Finality of awards — High Court's role limited to enforcement or setting aside — No jurisdiction to order payment in instalments — Registration of awards.
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27 June 2024 |
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Applicant failed to show irreparable harm; interim injunction against alleged nightclub nuisance dismissed.
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Interlocutory injunctions — requirements: serious question to be tried; irreparable injury; balance of convenience — Public nuisance — noise pollution — Privity of contract — standing to enforce lease terms — Related proceedings and potential conflicting orders.
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20 June 2024 |
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Mortgagee awarded judgment for unpaid loan with contractual interest and liberty to enforce foreclosure and sale after default.
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Mortgage action — Order 30 Rule 14 HCR / Order 88 RSC — loan default — foreclosure, delivery of possession and sale — interest on judgment — costs awarded.
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14 June 2024 |
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Whether acknowledgement of banking facilities or vague emails amount to a clear admission justifying judgment on admission.
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Civil procedure — Judgment on admission — Entry of judgment requires clear, unambiguous and unconditional admission — Acknowledgement of banking facilities or vague emails not sufficient — Order 21 Rule 6 High Court Rules.
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6 June 2024 |
| May 2024 |
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Unsigned written JVA was ineffective; verbal agreement existed but claims for breach, damages and indemnity were not proven.
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Contract law — Execution requirement — unsigned written JVA ineffective against non‑signatory; Joint venture — verbal agreement recognized but terms must be sufficiently certain to found liability; Evidence — claimant must prove monetary losses with invoices, receipts, BOQs and audited accounts; Third‑party indemnity — requires contract, statute or implied legal basis; Remedies — equitable valuation and apportionment where parties performed works; Costs — each party to bear own costs.
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15 May 2024 |
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Privity and contract interpretation: plaintiff's remedies lie against the contracting (second) defendant, not a non‑party first defendant.
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Contract law — interpretation and privity of contract; subcontracting and non‑privity; agency; entitlement to contractual remedies (unpaid balance, contractual finance charges, indemnity, demurrage); costs allocation.
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14 May 2024 |
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Plaintiff granted judgment on admission for breach of contract; damages and interest to be assessed by the Registrar; costs awarded.
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Commercial contract — judgment on admission — defendant lacking defence — damages referred to Registrar for assessment — interest to be ascertained — costs taxed in default of agreement.
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9 May 2024 |
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Mortgagee awarded judgment, foreclosure and sale of secured immovable and movables following mortgagor's admitted default.
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Mortgage law — Valid registered mortgage and further charge — Default — Originating summons under Order 30 Rule 14 — Foreclosure, possession and sale of immovable and movable security — Judgment for outstanding debt and contractual interest.
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9 May 2024 |