Results.
14 judgments found.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |