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Commercial Registry - 2023

2 judgments
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2 judgments
December 2023
Raubex Construction Zambia Limited v M & N Industrial Merchants Limited (2023/HPC/0898) [2023] ZMHC 93 (29 December 2023)
Court declined applicant's request to file a writ during vacation, holding rules permit issuance only in the last eleven days.
  • Civil procedure — High Court Rules — Order 2 Rule 4 — issuance of summons during vacations limited to last eleven days — 'direction of the court' pertains to pleadings not leave to issue summons — Order 49 Rule 3(1) merely designates vacations.
29 December 2023
January 2023
Samit Drilling Limited v Micas Investments Limited (2021/HKC/011) [2023] ZMHC 14 (31 January 2023)
Plaintiff failed to prove claimed hire charges; parties’ conduct showed payment was due only for actual days worked.
  • Contract interpretation — hire of plant equipment — admissibility of surrounding circumstances and conduct to determine commercial intention — burden of proof in civil claims — whether charges payable per actual days worked or for entire custody period.
31 January 2023