Commercial Registry - 2022 August

3 judgments

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3 judgments
Citation
Judgment date
August 2022
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.
26 August 2022
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.
9 August 2022
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.
4 August 2022