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Commercial Registry - 2022 September

2 judgments
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2 judgments
September 2022
Konkola Copper Mines Plc v Kalymnos Processing Limited and Anor (2018/HKC/0030) [2022] ZMHC 33 (26 September 2022)
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.
26 September 2022
Central Agri Commodities Limited v Henry Kamwale (2022/HPC/223) [2022] ZMHC 45 (6 September 2022)
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.
6 September 2022