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Commercial Registry - 2017 May

2 judgments
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2 judgments
May 2017
Zambia National Commercial Bank Plc v Mubiana Mubiana (2016/HPC/0559) [2017] ZMHC 521 (29 May 2017)
Procedural irregularities in mortgage originating summons were curable; court ordered amendments and refused to set aside proceedings.
  • Civil procedure — originating summons — procedural irregularity — omission of electronic address — defective affidavit (extraneous matter; missing exhibit; undated jurat) — curable defects — court’s discretion to allow amendment and expungement rather than dismissal.
29 May 2017
Standard Chartered Bank Zambia Plc v Celine Meena Nair (2016/HPC/0466) [2017] ZMHC 511 (9 May 2017)
Mortgagee entitled to judgment, interest, and foreclosure/possession despite non‑compliance with White Book formalities.
  • Civil procedure — mortgage actions (Order 30 r14 High Court Rules) — evidentiary requirements — applicability of Order 88 (White Book) — foreclosure vs sale — equity of redemption extinguished on default.
9 May 2017