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Citation
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Judgment date
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| 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |