Results.
19 judgments found.
|
|
|
| November 2025 |
|
|
Whether arbitration clauses survive contract dissolution and oust court jurisdiction, and if certain affidavit paragraphs should be struck out.
-
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.
|
17 November 2025 |
| October 2025 |
|
|
Inaccurate CRB reporting breached statutory duties and was negligent, but plaintiff failed to prove causation or actual loss, so claim dismissed.
-
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.
|
6 October 2025 |
| September 2025 |
|
|
Electronic service plus affidavit of service satisfied Order VI Rule 1(d); application to set aside originating process dismissed.
-
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.
|
30 September 2025 |
|
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.
-
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.
|
8 September 2025 |
| August 2025 |
|
|
An interim injunction pending appeal was confirmed to prevent the applicant convening meetings, disposing assets, or interfering with management.
-
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.
|
29 August 2025 |
|
Whether binding purchase orders under a framework agreement justified specific performance and payment for undelivered goods.
-
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.
|
12 August 2025 |
| July 2025 |
|
|
A witness statement executed abroad with an electronic signature must be authenticated under the Authentication of Documents Act to be admissible.
-
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.
|
22 July 2025 |
|
Written contract sold the leasehold interest; no mistake; defendant defaulted; forfeiture and rescission granted, damages to be assessed.
-
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.
|
22 July 2025 |
|
Bank not liable where customer delayed recall of cross‑border payment and bank took prompt, reasonable recovery steps.
-
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.
|
14 July 2025 |
| June 2025 |
|
|
Receiver’s deed showing appointment suffices to permit substitution of a company in receivership as party to litigation.
-
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.
|
25 June 2025 |
|
Third‑party claim dismissed as res judicata after prior judgment invalidated IPCs and payment obligation.
-
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).
|
12 June 2025 |
| March 2025 |
|
|
Court dismissed application to expunge uncertified data and relevant documents, allowing authentication at trial and expunging improper affidavit paragraphs.
-
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.
|
31 March 2025 |
|
Claims under the Landlord and Tenant (Business Premises) Act must be commenced by originating notice of motion; originating summons robbed court of jurisdiction.
-
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).
|
28 March 2025 |
|
The applicant is entitled to remittance and account closure; the respondent cannot retain dormancy charges caused by its own lapse.
-
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.
|
24 March 2025 |
|
Without-prejudice settlement communications are inadmissible; plaintiff's negotiation paragraphs and recording expunged, leave to amend granted.
-
Evidence — Without prejudice communications — Settlement negotiations — Admissibility — Privilege — Expunction of negotiation paragraphs and recording — Leave to amend pleadings — Procedural objections.
|
13 March 2025 |
|
Purchase orders created a contract; breach found but fraud and claimed losses unproven; nominal damages awarded.
-
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.
|
5 March 2025 |
| February 2025 |
|
|
Failed negotiations left no binding post-termination contract; specific performance, valuation orders, and damages were refused.
-
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.
|
7 February 2025 |
| January 2025 |
|
|
The applicant's subpoena application was dismissed for failing relevance, necessity and proportionality requirements; costs in the cause.
-
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.
|
29 January 2025 |
|
The defendants' preliminary jurisdictional objection based on a South African forum clause was dismissed; foreign clause not automatic ouster.
-
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).
|
15 January 2025 |