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Commercial Registry - 2017 November

2 judgments
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2 judgments
November 2017
Pulse Financial Services Limited T/A Entrepreneurs Financial Centre v Enock Musaiwale Phiri and Anor (2017/HKC/0008) [2017] ZMHC 514 (22 November 2017)
Judgment after a hearing was not a default judgment; application to set it aside was dismissed with costs.
  • Civil procedure — Default judgment — Distinction between judgment after hearing and default judgment; originating summons — mortgage actions — requirement of leave for default judgment; setting aside judgments under Order 20 Rule 3; adjournment in Commercial Court — compelling and exceptional circumstances.
22 November 2017
Hubrey Milton Musalu and Ors v AB Bank Zambia Limited (2017 /HPC/0393) [2017] ZMHC 520 (17 November 2017)
Court granted interim injunction restraining respondent from foreclosing secured assets pending trial, finding a serious question to be tried.
  • Interim injunction — preservation of status quo — serious question to be tried — adequacy of damages — balance of convenience — equitable discretion — foreclosure of security pending trial.
17 November 2017