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Commercial Registry - 2017 June

2 judgments
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2 judgments
June 2017
Development Bank of Zambia v Ald Plant and Fleet Management Limited (2016/HPC/0543) [2017] ZMHC 513 (29 June 2017)
Court may decide personal guarantees within a mortgage action when claims arise from the same transaction and documents.
  • Mortgage action — Order 30 rule 14 — Personal guarantees — Joinder of causes — Construction of security documents — Avoidance of multiplicity of actions — Binding Supreme Court precedent — Section 13 High Court Act.
29 June 2017
ZCCM Investments holdings Plc v First Quantum Minerals Limited and Ors (2016/HPC/0515) [2017] ZMHC 512 (15 June 2017)
Court refused recusal: attending as legal adviser at board meetings did not disqualify the firm under Rule 33(1)(d) or (e).
  • Professional conduct — recusal — Legal Practitioners Practice Rules 33(1)(d) & (e) — whether attendance as legal adviser at board meetings makes practitioner a likely witness — legal professional privilege — supervisory jurisdiction under s85 of the Legal Practitioners Act.
15 June 2017