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Commercial Registry-Lusaka - 2018

3 judgments
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3 judgments
May 2018
Competition and Consumer Protection Commission v Rachel Mhone Chama (2015/HPC/A0527) [2018] ZMHC 563 (2 May 2018)
Whether the respondent was a consumer of transport services and whether the Tribunal had jurisdiction absent an appealable Commission decision.
  • Competition and Consumer Protection Act — interpretation of "consumer" (s.2(1)(b)) — distinguishing consumer of goods and consumer of services; meaning of "order" and "direction" under s.60; appealable decisions; jurisdiction of Competition and Consumer Protection Tribunal; ultra vires acts and nullity of decisions.
2 May 2018
January 2018
STANDARD CHARTERED BANK PLC V GIFT MULAMBO MOONGA (2017/HPC/0353) [2018] ZMHC 564 (23 January 2018)
Applicant validly converted staff loan to commercial terms; respondent defaulted; judgment entered and foreclosure authorised.
  • Mortgage enforcement — Conversion of staff loan to commercial terms permitted by facility agreement — Variation of interest rates and notification by clause — Statement of account and banker's duty to disclose — Non‑retrospective application of Banking and Financial Services Act 2017 — Foreclosure and sale on default.
23 January 2018
J. L Morison (Export) Limited v Chibesakunda and Anor (2016/HPC/0209) [2018] ZMHC 566 (10 January 2018)
A defective undated affidavit was admitted and a loan agreement was upheld as a valid simple contract despite lack of seal or witness.
  • Companies law — requirement of seal for contracts; Contract formalities — deed versus simple contract; Witnessing and capacity of signatory — formal defect v. evidential issue; Affidavit admissibility — defective jurat permissible under Order 5 rule 13.
10 January 2018