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Citation
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Judgment date
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| December 2020 |
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Failure to file mandatory accompanying documents with originating process is an irregularity warranting setting aside.
High Court Rules — Order 6(1) (as amended by S.I. No. 58 of 2020): mandatory attachment of statement of claim, list/description of documents, list of witnesses, and letter of demand — non‑compliance amounts to irregularity; registry acceptance does not cure breach; court power to set aside originating process
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28 December 2020 |
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Written design-and-build contract; variation permitting owner-purchased materials; breach and negligence for building without approvals; refunds for borehole and fittings.
Contract law — written design-and-build lump-sum contract; parol evidence and collateral variation; variation by mutual agreement and consideration; forbearance vs variation; construction law — implied term and duty to obtain planning/building approvals; negligence for commencing works without statutory permits; remedies — damages and refunds for breached ancillary oral contracts; counterclaim failure for lack of particulars and evidence.
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16 December 2020 |
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Signed financing agreement constituted an admission of K1,277,367 enabling judgment on admission and damages for breach.
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4 December 2020 |
| November 2020 |
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Claim for commission dismissed: plaintiff failed to prove agency or partnership and did not discharge the burden of proof.
Company law – corporate personality; Agency and partnership – oral agreements and actual authority; Burden of proof in asserting agency/partnership; Privity of contract; Claims for commissions without formal appointment.
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24 November 2020 |
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A receiver's termination under a deed was lawful; remuneration requires proven recoveries, while qualifying expenses are secured and payable from charged assets.
Corporate Insolvency Act — appointment and revocation of receivers under deed of appointment; termination-by-notice clauses; receiver's remuneration contingent on recoveries; statutory/regulatory fee caps and freedom of contract; expenses incurred by receiver treated as secured claims with priority under section 20(4).
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3 November 2020 |
| October 2020 |
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Business rescue commenced within pending winding‑up by a non‑party without notice to appear was irregular and set aside.
Corporate Insolvency Act; business rescue proceedings; locus standi of shareholder/director; Companies (Winding‑Up) Rules 2004 Rule 10(1); procedural irregularity; commencement of proceedings; originating notice of motion in pending winding‑up; ex parte order set aside.
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14 October 2020 |
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Contempt application dismissed because the injunction's prohibition to "interfere" with the contract was ambiguous.
Contempt of court; injunctions—terms must be clear and unambiguous; "interference with contract" ambiguous when directed at a contracting party; jurisdiction under Order 52.
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13 October 2020 |
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Slip rule is limited to correcting clerical slips; a party dissatisfied with a costs order must appeal, not seek amendment.
Civil procedure — Slip rule (Order 20 r.11) — Correction of clerical mistakes only — Interpretation or amendment of judgments not permitted to alter substantive costs orders — Costs — Appeal remedy.
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6 October 2020 |
| September 2020 |
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Third-party mortgage upheld; later further charge and guarantee found forged and unenforceable; bank entitled to judgment and foreclosure.
Mortgage action – third-party mortgage enforceability – misrepresentation – handwriting expert evidence – validity of further charge and deed of guarantee – bank's duty to advise surety – foreclosure and cumulative remedies.
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20 September 2020 |
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Plaintiff's late compliance triggered dismissal for want of prosecution, while defendant's third-party proceedings continue independently.
Civil procedure – dismissal for want of prosecution – effect of dismissal – Order for further directions – third-party proceedings survive dismissal – independent lis – fresh action not barred.
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11 September 2020 |
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Court entered judgment on admission where defendant's pleadings and correspondence plainly acknowledged the debt.
Judgment on admission — Admission in pleadings and correspondence — Requirement that admission be clear, unambiguous and unequivocal — Counterclaim or draft forensic report does not automatically bar judgment on admission — Orders XXI HCR & Order 27 RSC.
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7 September 2020 |
| August 2020 |
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Illegality defence rejected; respondents must refund monies received and face damages for fraudulent misrepresentation.
Contract law — Illegality defence; unjust enrichment — money had and received; fraudulent misrepresentation; assessment of damages; counterclaim dismissed for lack of proof.
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30 August 2020 |
| July 2020 |
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A later suit by associated persons may be stayed until costs awarded in an earlier related action are paid.
Civil procedure – Stay of proceedings pending payment of costs – Subsequent action founded on the same cause of action may be stayed until earlier costs are paid – Order 40 Rule 8 – Associated parties and identical cause/subject matter – English authorities Martin v Earl Beauchamp, James M'Cabe.
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27 July 2020 |
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Clear admission in defence justified entry of judgment on admission for unpaid purchase moneys with interest and costs.
Commercial procedure – Judgment on admission – Order XXI r6 HCR and Order 27 r3 RSC – Clear or unequivocal admissions in pleadings – Sale of equipment and variation – Unavailability of inability-to-pay defence – Contractual remedies and interest.
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13 July 2020 |
| June 2020 |
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Secured creditor proved loan and mortgage but seizure of movable collateral without express contractual consent and court order was irregular.
Security interests – Movable Property (Security Interest) Act s.72(3) – Requirement of express contractual consent to relinquish possession without court order – Validity and enforceability of freely executed loan agreements – Consequences of unlawful seizure and auction of movable collateral.
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25 June 2020 |
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17 June 2020 |
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Whether alleged post‑incorporation share allotments complied with the Companies Act and whether K20,000 was improperly withdrawn.
Company law — share transfers and allotments — compliance with Companies Act and Articles — requirement for transfer instruments, share certificates, notice and certified resolutions — invalidity of unproved allotments and unauthorized withdrawals — restoration of register and preservation of funds.
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4 June 2020 |
| May 2020 |
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Deposit of title deeds creates an equitable mortgage entitling lender to foreclosure nisi, then absolute foreclosure if unpaid.
Mortgage law – Equitable mortgage by deposit of title deeds – Borrower identity – Default and outstanding debt – Remedies of equitable mortgagee limited to foreclosure (no statutory power of sale or automatic possession) – Enforceability of contractual interest.
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18 May 2020 |
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Court entered judgment on admission for unpaid invoice, ordered interest and three monthly instalments with acceleration on default.
Commercial procedure – Judgment on admission; Order LIII r.6 High Court (Amendment) Rules S.I
No.27/2012 – failure to specifically traverse allegations deemed admission – admission of indebtedness – interest at short-term deposit and Bank of Zambia lending rates – instalment payment with acceleration on default; Practice Directions; China Henan precedent
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12 May 2020 |
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Buyer entitled to damages and reimbursement after seller delivered a non‑operational refurbished rig late; counterclaim dismissed.
Sale of Goods Act 1893 – concurrent payment and delivery – implied condition of fitness for purpose (s14(1)) where buyer relies on seller’s skill – express warranty breach – remedies: damages and reimbursement of repair parts – insufficiency of evidence for loss of revenue/reputation – dismissal of counterclaim for exchange losses.
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11 May 2020 |
| April 2020 |
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A power of attorney does not permit the donee to commence a representative suit in the donee’s own name; proceedings must be in the principal’s name.
Civil procedure — Representative actions — Whether power of attorney confers locus standi to sue in the donee’s own name — High Court Act s.10(1) — Application of Rules of the Supreme Court (Order 6, attorney plaintiff).
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30 April 2020 |
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High Court dismissed defendant's res judicata objection and struck out attempt to set aside Court of Appeal consent order; costs awarded.
Civil procedure – res judicata – five-part test; Order 14A – conditional appearance equals notice of intention to defend; jurisdiction – High Court cannot set aside consent order approved by Court of Appeal; application dismissed with costs.
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9 April 2020 |
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Whether leave of court was required to sue companies in liquidation and whether the claim was time‑barred.
Civil procedure – Order 14A RSC – preliminary issues; Corporate Insolvency Act – ss.66 & 98(2) – leave required before suing companies in liquidation; Liquidation procedure – application of Corporate Insolvency Act via s.138; Limitation – provable debts in liquidation suspend six‑year limitation; Banking and Financial Services Act relevance clarified.
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7 April 2020 |
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High Court has jurisdiction to grant leave to appeal interlocutory rulings; Court of Appeal Act and Rules govern appeal procedure.
Appeal — interlocutory rulings — leave required under s.23(1)(e) Court of Appeal Act; 'judgment' includes 'ruling' — Court of Appeal Act and Rules govern appeals; High Court Rules’ 14‑day provision inapplicable to appeals to Court of Appeal.
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6 April 2020 |
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A facility letter placed insurance duty on the applicant; respondent liable for service lapses—nominal damages and an audit ordered.
Contract interpretation – facility letter – insurance obligation on borrower; Privity of contract – non‑party landlord has no claim; Banking law – duty to supply services with reasonable care and skill (Competition & Consumer Protection Act) – system irregularities and wrongful charges; No evidence of unauthorised disclosure to third parties; Remedies – nominal damages and court‑ordered independent audit.
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3 April 2020 |
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Proceedings validly commenced before liquidation; subsequent winding-up required leave to continue, so action stayed by operation of law.
Corporate insolvency — s66 Corporate Insolvency Act — leave required to proceed where winding-up order made or provisional liquidator appointed; commencement of proceedings before liquidation — effect of subsequent compulsory liquidation — stay of proceedings by operation of law; arbitration — s10 Arbitration Act — court cannot refer to arbitration where action stayed by insolvency law and no leave obtained.
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2 April 2020 |
| March 2020 |
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Non-payment of premiums does not automatically void a life/keyman insurance policy; insurer entitled to time-on-risk premium.
Insurance law — Life/keyman insurance — Effect of non-payment of premium — Tax invoice/debit note as acknowledgement of debt — Waiver by instalment agreement — Time-on-risk premium — Inapplicability of section 76(1) (general insurance) to life assurance.
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31 March 2020 |
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Notice-to-complete not valid and vendor lacked title; specific performance dismissed, restitution of K85,961 ordered.
Contract law – sale of land – LAZ General Conditions of Sale: mandatory notice-to-complete procedure; service on named advocates required; Property law – nemo dat quod non habet – purchaser cannot acquire better title than vendor; Equity – unjust enrichment and restitution where contract incapable of performance.
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5 March 2020 |
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A section 22(1) application challenging a business rescue resolution is not caught by the moratorium and must be commenced by originating summons.
Corporate insolvency — Voluntary business rescue — Section 22(1) application to set aside resolution — Distinction between a challenge to the decision and proceedings against the company — Moratorium (s25(1)) inapplicable to section 22(1) applications; Procedure — absence of statutory procedure for section 22(1) applications — Rules of the Supreme Court (Order 5 Rule 3) prescribe originating summons; Party captioning — business rescue does not transfer locus standi to administrator — no requirement to indicate 'under Business Rescue Proceedings' in pleadings.
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3 March 2020 |
| February 2020 |
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Certificate of practical completion and the employer’s conduct estopped the defendant from denying the construction debt.
Construction contract – certificate of practical completion – defect liability period – architect as employer's agent – estoppel from employer's acknowledgements – counterclaim for defects requires cogent proof.
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14 February 2020 |
| January 2020 |
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The respondent (registered proprietor) entitled to injunction against the applicant’s continued use of its registered trademarks.
Trade Marks Act — s7 bars actions by proprietors of unregistered marks for infringement; registered proprietor’s rights (s9, s57) — exclusive use and entitlement to injunction; damages require proof of loss or profit.
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20 January 2020 |