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Commercial Registry-Lusaka - 2023

10 judgments
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10 judgments
November 2023
Eoge Zambia Limited v Star Oil Company Limited (2023/HPC/0598) [2023] ZMHC 70 (16 November 2023)
A respondent’s bare denials are deemed admissions permitting judgment on admission unless respondent proves payments.
  • Civil procedure — Judgment on admission — Order 53 Rule 6(2)-(5) — Bare or general denials deemed admissions — Proof of payment — Pleading particulars for damages — Interest from date of demand.
16 November 2023
October 2023
Ecobank Zambia Limited v National Association of Savings and Credit Union (2022/HPC/0519) [2023] ZMHC 92 (3 October 2023)
Filing suit during Michaelmas Vacation without leave deprived the court of jurisdiction; matter dismissed, plaintiff may recommence.
  • Civil procedure — vacation filings — Michaelmas Vacation — requirement of leave to commence process — jurisdictional effect of non-compliance with High Court Rules — defect not curable retrospectively.
3 October 2023
September 2023
Arm Secure Limited v Astro Holdings Limited and Ors (2021/HPC/0200) [2023] ZMHC 73 (7 September 2023)
A stay pending appeal requires realistic prospects of success and special circumstances; unsupported factual challenges are insufficient.
  • Civil procedure — Stay of execution pending appeal — Appeal does not operate as automatic stay — Stay granted only on good and convincing reasons/special circumstances — Prospects of success must be realistic — Appellate interference with trial findings of fact requires perversity, absence of evidence or misapprehension of facts.
7 September 2023
August 2023
Ald Plant & Fleet Management Limited v The Attorney General (2023/HPC/0515) [2023] ZMHC 78 (18 August 2023)
Court may appoint an arbitrator when the agreed arbitral institution fails and the respondent does not act.
  • Arbitration Act s.12(4)(c) — Court power to appoint arbitrator where agreed procedure fails; Arbitration (Court Proceedings) Rules r.10(1); Agreement naming a defunct arbitral institution; Court appointment of sole arbitrator; Costs awarded to applicant.
18 August 2023
July 2023
Arm Secure Limited v Astro Holdings Limited and Ors (2021/HPC/200) [2023] ZMHC 67 (11 July 2023)
Written contract terms governed the parties; plaintiff awarded K8,455,157.80; theft claims partly statute-barred; limitation clause enforced.
  • Contract law — incorporation of written terms into oral agreement; limitation clauses — validity and enforceability; Limitation Act — six-year bar to tort/simple contract claims; set-off and equitable adjustment; interest and costs on judgment.
11 July 2023
June 2023
Hubrey Milton Musal and Ors v AB Bank Zambia Limited (2017/HPC/0393) [2023] ZMHC 94 (29 June 2023)
Plaintiffs’ challenges to loan terms and requests for consolidation and injunction dismissed; defendant’s counterclaim succeeds with foreclosure nisi and judgment for K8,543,087.16.
  • Contract law — loan and collateral agreements — signature binds parties; consumer claims — unfair trading and extortionate terms not established; remedies — enforcement of signed credit contracts, foreclosure nisi, refusal to appoint receiver; awards — judgment for lender, nominal damages, interest and costs.
29 June 2023
May 2023
Diamond Motors Limited v Zambia Railways Limited (2022/HPC/0458) [2023] ZMHC 68 (11 May 2023)
Whether a notice of intention to arbitrate suffices to commence arbitration and avoid six-year limitation.
  • Arbitration jurisdiction; notice of intention to arbitrate; construction of contractual dispute-resolution clause (Clauses 8.1 & 10.2); commencement of arbitral proceedings (UNCITRAL Article 3); limitation — Limitation Act 1939 (six years); court review of interim jurisdictional ruling under Arbitration Act Article 16(3).
11 May 2023
Jammie Hayes v Yapi Merkezi Insaat Vee and Ors (2022/HPC/230) [2023] ZMHC 66 (8 May 2023)
Plaintiff’s 0.5% success-fee claim dismissed; entitled to 0.140% only upon first project financing drawdown.
  • Agency / letter of authorisation — contract by conduct — quantum meruit considered but contract by conduct found — success fee conditional on project financing/first drawdown — prior payments characterised as consultancy/commission — claim for 0.5% dismissed; entitlement to 0.140% accrues after first drawdown.
8 May 2023
Shoprite Holdings Limited and Anor v Africa Opportunity Fund L.P and Anor (2019/HPC/0501) [2023] ZMHC 74 (4 May 2023)
Arbitration rules govern award registration and service; court registration cannot alter an arbitral award—share‑register amendment set aside.
  • Arbitration law — Registration and enforcement of foreign arbitral awards — Arbitration Act and Arbitration (Court Proceedings) Rules govern registration and service — service out of jurisdiction under Rule 19 — mandatory 90‑day set‑aside period (Rule 17) is formal requirement but omission is curable — Court’s complementary role to arbitration does not permit altering an award (orders directing amendment of share register set aside).
4 May 2023
February 2023
Allan Mulemwa Kandala v Zambia National Commercial Bank and Ors (2012/HPC/0381) [2023] ZMHC 82 (28 February 2023)
Court held receivers’ appointment void for failure to satisfy debenture notice/crystallisation prerequisites; conveyances tainted but some titles protected.
  • Company/Receivership — validity of receiver appointment — continuing floating debenture — crystallisation and notice required; Debenture law — events of default and seven‑day execution rule; Property law — void conveyance by invalid receiver; Bona fide purchaser doctrine and lis pendens; Reliefs — declaratory reliefs, rescission, damages (nominal awarded).
28 February 2023