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Commercial Registry-Lusaka

104 judgments
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104 judgments
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
May 2015
Competition and Consumer Protection Commission Dana Oil Corporation Limited (2014/HPC/0479) [2015] ZMHC 546 (8 May 2015)
Commission not required always to apply under section 64, but lacked jurisdiction to fine a non‑merger party under section 61.
  • Competition law — merger control — sections 61, 64 and 37 — discretionary powers versus mandatory procedure — applicability of remedial provisions to parties to a merger — jurisdiction to impose penalties.
8 May 2015
February 2010
Christopher James Thorne v Christopher Mulenga and Ors (2008/HPC/0841) [2010] ZMHC 116 (16 February 2010)
A shareholder cannot obtain an interlocutory injunction to restrain receivers enforcing a debenture; the action was procedurally defective and dismissed.
  • Company law — separate legal personality; Receivers and managers appointed under a floating charge — power of sale; Interlocutory injunction — American Cyanamid principles (clear right, adequacy of damages, balance of convenience); Shareholder lacks proprietary right in company assets; Procedure — negligence/damages claims against receivers require writ not originating summons.
16 February 2010
November 2004
Fanwelll Kabulwebulwe and Ors v Zambia Porl Products Limited (In Receivership) and Ors (2002/HP/298) [2004] ZMHC 3 (25 November 2004)
Whether employees' redundancy and wrongful-termination claims against a company in receivership disclose triable issues or are plainly untenable.
  • Companies law — Receivership and preferential payments; Civil procedure — Strike out under Order 18, Rule 19; Reasonable cause of action; Triable issues; Redundancy and wrongful-termination claims against company/receivers.
25 November 2004