Results.
99 judgments found.
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| September 2025 |
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Plaintiff's 13 October letter introduced new terms and amounted to a counter‑offer; no binding settlement existed, claim dismissed.
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Contract formation — offer and acceptance; conditional acceptance as counter‑offer; requirement of mirror‑image acceptance; consideration and consensus ad idem; status of without‑prejudice (salvo jure) settlement negotiations.
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1 September 2025 |
| August 2025 |
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Joinder application dismissed as res judicata, abuse of process and functus officio; applicant lacked sufficient interest.
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Joinder — Order 14 r.5 High Court Rules — Whether person entitled to or likely to be affected should be joined; Res judicata — same cause of action, same parties, prior opportunity; Abuse of process/forum shopping — piecemeal litigation prohibited; Functus officio — court divested of jurisdiction on previously adjudicated issue; Privity of contract — subcontractor’s interest in principal contract.
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6 August 2025 |
| July 2025 |
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Application for leave to bring a derivative action dismissed for wrong mode of commencement and failure to show prima facie company interest.
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Companies Act s331 — derivative actions — leave to commence — procedural mode: originating summons under High Court Rules Order 6 Rule 1(3) where matter fit for chambers; notice under s331(5) requires service only
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Corporate Insolvency Act s66 — liquidation vs possession by central bank; requirement to show prima facie company interest and wrongdoing
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23 July 2025 |
| May 2025 |
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Whether a police-signed payment agreement is void for duress and the company's liability for employee loans and withheld pensions.
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Contract — Duress: payment agreement signed under police detention voidable; Corporate law — ostensible authority/agency by estoppel: managing director's conduct bound company; Employment/pension: employer must remit deducted pension contributions; Evidence: burden to prove claimed sums; Remedies: refund, interest at commercial rate, costs; Special damages require particularisation.
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29 May 2025 |
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Application to set aside arbitral interim and joinder orders dismissed for want of jurisdiction and as abuse of court process.
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Arbitration — Interim/interlocutory orders — Scope of 'award' — Jurisdiction to set aside — Complementary role of courts — Abuse of court process — Joinder — Article 16 (jurisdictional challenges) vs Section 17 (set aside).
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19 May 2025 |
| April 2025 |
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Plaintiff’s claim dismissed for want of prosecution; defendant largely succeeds on counterclaim for rent arrears, unpaid utilities, trespass and possession.
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Commercial lease — rent arrears — deemed admissions under Order 53 Rule 6 — evidence and want of prosecution — recovery of unpaid utilities — failure to prove account‑change charge — generator charges and recoverable fuel costs — trespass and damages — possession.
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16 April 2025 |
| March 2025 |
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Unlicensed lender can enforce a valid loan agreement; equitable mortgage permits foreclosure, not sale, with specified interest regime.
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Money Lenders Act — unlicensed lending — effect on contracts (criminal sanction does not automatically void contract) — enforceability of contractual interest — equitable mortgage — foreclosure not sale — post‑judgment interest (average short‑term deposit rate to judgment; Bank of Zambia lending rate thereafter).
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28 March 2025 |
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A bank that fails to close accounts on a customer's written instruction must remit balances and cannot keep dormancy charges caused by its lapse.
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Banker–customer relationship; account closure procedure; application of Bankers Association of Zambia Code; corrected written instructions; dormancy versus closure; unjust enrichment and liability for dormant‑period charges; interest on judgment; costs.
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24 March 2025 |
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IPCs issued without the contractually appointed engineer are invalid; parties must appoint an engineer, assess works, reconcile accounts, and bear their own costs.
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Contract law — EPC contract — requirement for independent engineer to certify works and issue IPCs; interim payment certificates without appointed engineer invalid; privity of contract — separate USD3.6m contract not binding non-parties; remedies — post-judgment appointment of engineer, valuation and reconciliation; costs — each party to bear own costs.
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14 March 2025 |
| August 2024 |
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Court granted leave to the applicant to issue and serve a derivative-action writ out of jurisdiction despite procedural defects.
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Civil procedure — service out of jurisdiction — Order 10 Rule 16 High Court Rules — leave to issue and serve process; derivative action by shareholder; curable procedural irregularity; defective power of attorney; advocate’s receipt of process does not waive leave requirement.
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12 August 2024 |
| July 2024 |
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A stay pending appeal may be granted where the respondent shows prospects of success and enforcement risks irreparable harm.
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Civil procedure — Stay of execution pending appeal; Judgment on admission; Discretionary relief — prospects of success; risk of rendering appeal nugatory; appeal does not automatically stay execution.
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16 July 2024 |
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Acknowledgement of loan facilities or vague emails do not constitute clear admissions for judgment on admission.
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Judgment on admission; Order 21 Rule 6 High Court Rules; requirement of clear, unambiguous and unconditional admission; acknowledgement of loan facilities not admission of debt; email correspondence insufficient for judgment on admission.
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6 July 2024 |
| May 2024 |
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Possession under a consent judgment is not foreclosure; s14 HCA inapplicable and claim for conveyance was res judicata.
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Equitable mortgage — possession versus foreclosure — enforcement of consent judgments — applicability of section 14 High Court Act — res judicata.
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17 May 2024 |
| April 2024 |
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Court granted stay pending appeal as the interlocutory appeal could affect the trial and no prejudice was shown.
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Civil procedure — Stay of proceedings pending appeal; interlocutory appeal; appeal does not automatically stay (Order 47 Rule 5); court's discretion to stay (Orders 3 & 47); timing of interlocutory applications (Order 19 Rule 3(3)); prejudice requirement; novel issue on setting aside Court of Appeal judgment for fraud.
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16 April 2024 |
| March 2024 |
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Leave to appeal denied where summons failed to state grounds and no realistic prospects of success were shown.
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Appeal — leave to appeal — Court of Appeal Rules Order 10 r.4(3) — grounds must be stated in motion/summons — procedural competence — realistic prospects test (Breza Engineering) — draft memorandum insufficient — mode of commencement — originating summons — s.134(1) Companies Act.
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18 March 2024 |
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Statutory oppression claims under the Companies Act must be commenced by originating summons; wrong mode renders action incompetent.
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Company law — s.134 Companies Act (oppression remedy) — mode of commencement — originating summons required — High Court Act s.10 importing RSC Order 5 Rule 3 — wrong mode renders proceedings incompetent — costs awarded to successful defendants.
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7 March 2024 |
| February 2024 |
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The plaintiff proved defendants breached director duties; court ordered accounting, asset surrender and removal from directorship.
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Company law — Directors' statutory and fiduciary duties (Sections 105, 106, 120) — duty to account and promote company success; shareholder's derivative/individual action (s138); accounting and recovery of secret or misapplied profits; oppressive conduct remedy (s134); injunctive relief (s330); removal/disqualification of directors.
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27 February 2024 |
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Court held alleged removals and PACRA changes invalid; conduct was unfairly prejudicial and Plaintiff reinstated.
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Companies Act — appointment and removal of directors and company secretary — validity of members'/board resolutions — notice and quorum requirements — PACRA filings — minority shareholder relief — unfairly prejudicial/oppressive conduct (s.134) — rectification of register.
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21 February 2024 |
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Court enforces written finance and insurance terms, dismisses premium-overcharge and other claims, but finds bank failed to issue proper VAT invoices.
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Contract law; vehicle-asset finance; insurance premiums—declared sum insured versus retail value; privity; VAT tax invoices and input tax claims; Insurance Premium Levy (2016); debt collection costs under finance facilities; credit reference reporting; enforceability of bank counter-claims.
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14 February 2024 |
| January 2024 |
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Whether a registered mark should be expunged when confusingly similar to a famous prior mark and registered in bad faith.
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Trade marks — Expungement — Sections 16, 17 and 18 Trade Marks Act — fraud and bad faith — confusing similarity to a famous prior mark — honest concurrent use.
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30 January 2024 |
| December 2023 |
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Court declined applicant's request to file a writ during vacation, holding rules permit issuance only in the last eleven days.
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Civil procedure — High Court Rules — Order 2 Rule 4 — issuance of summons during vacations limited to last eleven days — 'direction of the court' pertains to pleadings not leave to issue summons — Order 49 Rule 3(1) merely designates vacations.
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29 December 2023 |
| January 2023 |
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Plaintiff failed to prove claimed hire charges; parties’ conduct showed payment was due only for actual days worked.
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Contract interpretation — hire of plant equipment — admissibility of surrounding circumstances and conduct to determine commercial intention — burden of proof in civil claims — whether charges payable per actual days worked or for entire custody period.
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31 January 2023 |
| November 2022 |
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Court referred quantification of loan arrears to assessment, dismissed most plaintiff claims and lost-income counterclaim, and ordered offset against agreed equipment purchase price.
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Banking and finance — Term loan facility — Validity despite clerical date error; Security — deposit of title deeds as collateral; Burden of proof — plaintiff must prove amount claimed; Self-help repossession — impermissible without court order; Counterclaim — lack of evidence for lost income; Sale of goods — written purchase price enforceable.
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8 November 2022 |
| September 2022 |
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Whether surface-rights owner can withhold consent to mining access where exploration licence cannot lawfully authorize mining.
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Mines and Minerals — Surface rights v. mining rights — Section 52(1)(b) Mines and Minerals Development Act — Requirement of written consent of surface rights owner — Ownership of stockpiled overburden and stockpiles — Limits of exploration licences; artisanal mining citizenship restrictions — Injunction and dismissal of counter-claim.
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26 September 2022 |
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A late application to amend pleadings near trial was dismissed for lack of reasonable diligence and prejudice to the respondent and court.
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Civil procedure — Amendment of pleadings — Interlocutory applications within 14 days of trial — Order 19 Rule 3(3) SI 58 of 2020 — Case management and proportionality — Prejudice and reasonable diligence — Discretion under Order 18.
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6 September 2022 |
| August 2022 |
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Whether the applicant may enforce 25% monthly compound interest and foreclose a mortgage under the Money Lenders Act.
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Money Lenders Act — statutory cap on interest — unenforceability of extortionate 25% per month rate; Enforceability of registered legal mortgage granted by administratrix; Capacity of administrator to pledge estate assets; Recovery of principal and foreclosure; Assessment of interest by Deputy Registrar.
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26 August 2022 |
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Whether a loan clause imposing 25% monthly (compound) interest is enforceable and effect of surrendering vehicle white book as equitable mortgage.
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Money Lenders Act — prohibition of compound interest — clause charging interest on interest illegal; equitable mortgage by surrender of vehicle white book; assessment of outstanding debt by Deputy Registrar; permitted simple interest and statutory caps.
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9 August 2022 |
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Settlement agreement enforced; privity and duress defences rejected; plaintiff awarded ZMW 528,070 with interest; no costs.
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Contract law — enforceability of settlement agreements; privity of contract; duress/undue influence; arbitration clause — stay and referral; burden of proof; interest; mediation non-attendance costs.
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4 August 2022 |
| June 2022 |
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Plaintiff's claims for director retainer fees and statutory-duty damages dismissed for failure to prove contractual entitlement or causation.
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Contract law — written employment contract and privity; extrinsic evidence inadmissible to vary clear terms; burden of proof on claimant; director remuneration requires appropriate resolution/authority; breach of statutory duty actionable only with proven causal damage.
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21 June 2022 |
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Applicant awarded judgment for debt with contractual interest and a 60-day redemption period before foreclosure.
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Mortgage enforcement — Third-party legal mortgage — Enforcement of contractual interest and compounding — Default and admission by conduct/non-appearance — Equity of redemption and prescribed redemption period before foreclosure.
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20 June 2022 |
| May 2022 |
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Whether directors may be made personally liable and their property charged after dissipating company funds—court pierced veil and ordered charges.
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Company law — Lifting the corporate veil under Section 175(1) Corporate Insolvency Act — directors held personally liable where company business carried on to defraud creditors; Tracing and mixed funds (Diplock) — identifiable transfers to directors; Charging orders (Order 50 RSC) — prerequisites met for directors’ assets; Non‑party recipients — cannot be charged absent joinder and hearing.
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31 May 2022 |
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Loan secured by surrendered title deed created an equitable mortgage; third-party non-payment did not frustrate borrower’s repayment obligation.
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Commercial law — invoice discounting facility — security by deed of assignment, surrender of title and director guarantees — equitable mortgage created by deposit of certificate of title; Contract law — frustration — clause "though not limited to" receivables preserves alternative repayment obligations; Remedies — judgment for debt, interest, possession, foreclosure and guarantor liability.
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17 May 2022 |
| April 2022 |
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Mortgagee entitled to foreclosure, possession, sale and enforcement of guarantors and debenture after mortgagor's default.
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Mortgage law — legal mortgage by demise — foreclosure, possession and sale on default — enforcement of personal guarantees (suretyship) — enforcement of debenture (fixed and floating charge) — uncontested originating summons evidence.
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5 April 2022 |
| February 2022 |
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A broker-placed marine cover existed at loss time; insured value awarded, but consequential business losses denied.
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Insurance law — validity of cover placed by broker — timing of electronic instructions and cover note; Marine-specific (valued) policy — indemnity principle limits recovery to insured value; Consequential/business loss — not recoverable without express policy provision; Evidence — burden of proof on plaintiff on balance of probabilities.
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16 February 2022 |
| January 2022 |
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Plaintiff failed to prove performance and novation, but judgment entered against the 1st defendant on its admission.
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Construction contracts; subcontractor's claim; privity of contract; novation (unenforced draft deed); evidentiary burden (invoices, delivery notes, commissioning); judgment against main contractor on admission.
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24 January 2022 |
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Court entered judgment on admission where defendant's condition precedent defence was unsupported and admission was unequivocal.
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Commercial law — Judgment on admission — Order XXI and Order 27 R.3 — Admission must be clear, unambiguous and unconditional — Condition precedent defence — Order 53 R.6/practice direction — Costs — Post-judgment interest (1% above LIBOR).
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18 January 2022 |
| November 2021 |
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Court permitted payment of admitted judgment debt in higher monthly instalments, finding the defendant’s proposed plan unfair and granting leave to appeal.
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Civil procedure — Payment of judgment debt in instalments — Instalment orders must fairly balance debtor’s affordability and creditor’s right to prompt satisfaction; default clause enforceable
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Evidence — Affidavit in reply — No leave required to file an affidavit in reply (distinct from further affidavits). Interest and costs awarded; leave to appeal granted
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30 November 2021 |
| September 2021 |
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Loan default established; equitable mortgage over disputed subdivision not proven, but guarantor’s house and vehicle enforceable to satisfy debt.
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Equitable mortgage — Creation and proof — Consistent property description and surrender of title deed required; Loan default — entitlement to judgment; Foreclosure and enforcement — guarantor’s property and vehicle enforceable; Sale of confiscated movables — application to reduce indebtedness; Procedure — Originating summons under Order 30 Rule 14.
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24 September 2021 |
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The applicant failed to show the arbitral award offended public policy; the court refused to set it aside.
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Arbitration — setting aside arbitral award — public policy — narrow, high threshold; scope of arbitration; mistakes of law apparent on face; Rule 23 compliance; finality of arbitral awards.
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20 September 2021 |
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A written loan agreement binds the parties despite payment in local currency; interest assessment referred to Registrar under statutory framework.
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Contract law — written loan facility — parol evidence rule — payment in local currency does not vary clear written terms — interest computation under Banking and Financial Services Act — referral to Registrar — interest thereafter at 1% above LIBOR — costs to successful lender.
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14 September 2021 |
| August 2021 |
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Court struck out clause converting security to sale, revised excessive interest, ordered revised judgment debt and mortgage remedies.
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Money-lenders Act — excessive interest — statutory requirement to express or compute annual rate — unconscionable terms; equitable mortgage by deposit of title deeds; clog on equity of redemption — conversion clause void; estoppel cannot validate statutory non-compliance; revision of interest and mortgage remedies.
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26 August 2021 |
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Court awarded discounted principal less illegal penal interest; no equitable mortgage without co‑owner consent.
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Mortgage law — equitable mortgage; joint ownership and consent to deposit of title deeds; penal interest illegal; compromise/discount binding; burden to prove contractual interest rate and annexures.
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23 August 2021 |
| May 2021 |
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Court held respondents liable for the applicant's lost cargo, rejecting liability limitation due to defective airway bill and agency.
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Carriage by air — Warsaw Convention applicability and domestic Carriage by Air law — Airway-bill requirements (Article 8(c)) — Agency and beneficial ownership in freight transactions — Limitation of liability (Article 22) — Burden under Article 20 and adverse inference where carrier cannot explain loss.
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28 May 2021 |
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Court set aside fraudulent assignment, restored title, held transaction to be a loan, fixed K300,000 repayment with specified interest and dismissed counterclaim.
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Property law — registered assignment — alleged forgery and handwriting evidence — fraud vitiating registration; Lands and Deeds Registry Act — cancellation/restoration of certificate of title; Contract characterization — loan (mortgage) versus sale; Money Lenders Act — permissible interest and unconscionable charges; remedies — repayment, sale of secured property, costs.
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20 May 2021 |
| April 2021 |
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A judgment debtor (including a company in receivership) cannot claim goods seized in execution; notice set aside, sale stayed 90 days.
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Execution — Notice of claim to goods — Judgment debtor (including company in receivership) cannot claim goods seized in execution; Receivership — receiver is agent (Corporate Insolvency Act s13) — locus standi; Consent judgment enforceability; Stay of sale pending settlement.
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19 April 2021 |
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Plaintiff proved a K1,539,705.65 debt based on long-standing commercial dealings; defendant's fraud counterclaim was unproven.
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Commercial law — recovery of debt for goods and services; agency and apparent authority of company officers; counterclaim alleging fraud requires particularised proof; evidentiary weight of course of dealing and invoice documentation; award of interest where unliquidated damages not proved.
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14 April 2021 |
| March 2021 |
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Interpleader upheld: seized trailer and vehicle belong to third parties; guarantors not liable before sale of primary security; stay and costs granted.
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Civil procedure — Sheriffs interpleader — Order 17 White Book — Claim to goods seized in execution — Burden to prove title — Enforcement sequence: primary security before guarantors — Stay of execution — Costs.
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24 March 2021 |
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Claim for rental arrears dismissed because defendant failed to prove arrears remained after distraint; lease not shown to be unregistered.
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Lease — existence and commencement — rent obligation date — distraint (warrant of distress) — burden of proof as to outstanding arrears after distraint — effect of non-registration allegation on enforceability of lease.
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18 March 2021 |
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Court may hear applications to amend pleadings or witness statements after trial commencement where Order 18 and justice permit.
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Civil procedure — interlocutory applications — Order 19 r.3 SI No.58/2020 prohibiting interlocutory applications within 14 days of trial — Order 19 r.3(4) discretion and reasonable diligence — Amendment power of court under Order 18 r.1 — Witness statements and Practice Note 38/2A/9 — timing of objections to witness statements.
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15 March 2021 |
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Defendant’s challenge to a writ’s amount dismissed; writ correctly reflected the debt accelerated by default.
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Civil procedure — Execution — Writ of fi. fa. — Issuance after default under conditional installment order — Accuracy of amount stated — Order 45(1)(5) White Book (editorial notes) — Cubitt v Gamble distinguished — Application to set aside for irregularity dismissed; costs awarded.
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10 March 2021 |