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Commercial Registry - 2024

11 judgments
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11 judgments
Citation
Judgment date
August 2024
Lamise Trading Limited (Suing in its capacity as Shareholder of Intelligent Mobility Solutions Limited) v Kapsch Trafficcom AG and Anor (2024/HPC/0339) [2024] ZMHC 190 (12 August 2024)
Court granted leave to the applicant to issue and serve a derivative-action writ out of jurisdiction despite procedural defects.
Civil procedure – service out of jurisdiction – Order 10 Rule 16 High Court Rules – leave to issue and serve process; derivative action by shareholder; curable procedural irregularity; defective power of attorney; advocate’s receipt of process does not waive leave requirement.
 12 August 2024
July 2024
Nalikwanda Agro Processing Limited v Khembule Commodities Limited and Anor (2023/HPC/0714) [2024] ZMHC 200 (16 July 2024)
A stay pending appeal may be granted where the respondent shows prospects of success and enforcement risks irreparable harm.
Civil procedure – Stay of execution pending appeal; Judgment on admission; Discretionary relief – prospects of success; risk of rendering appeal nugatory; appeal does not automatically stay execution.
 16 July 2024
Inde Credit Company Limited v Broderick Investments Limited and Ors (2023/HPC/0687) [2024] ZMHC 201 (6 July 2024)
Acknowledgement of loan facilities or vague emails do not constitute clear admissions for judgment on admission.
Judgment on admission; Order 21 Rule 6 High Court Rules; requirement of clear, unambiguous and unconditional admission; acknowledgement of loan facilities not admission of debt; email correspondence insufficient for judgment on admission.
 6 July 2024
May 2024
Premier Credit Zambia Limited v Muwanei Brendah Mwandamena (2024/HPC/0171) [2024] ZMHC 207 (17 May 2024)
Possession under a consent judgment is not foreclosure; s14 HCA inapplicable and claim for conveyance was res judicata.
Equitable mortgage — possession versus foreclosure — enforcement of consent judgments — applicability of section 14 High Court Act — res judicata.
 17 May 2024
April 2024
Lamsat International Limited v African Banking Corporation Zambia Limited T/A Atlas Mara Zambia (Formerly known as Finance Bank Limited) (2023/HPC/0629) [2024] ZMHC 202 (16 April 2024)
Court granted stay pending appeal as the interlocutory appeal could affect the trial and no prejudice was shown.
Civil procedure — Stay of proceedings pending appeal; interlocutory appeal; appeal does not automatically stay (Order 47 Rule 5); court's discretion to stay (Orders 3 & 47); timing of interlocutory applications (Order 19 Rule 3(3)); prejudice requirement; novel issue on setting aside Court of Appeal judgment for fraud.
 16 April 2024
March 2024
Urban Brands Asset Management Limited and Anor v Impala Hotels and Suites Ndola Limited and Ors (2024/HPC/0063) [2024] ZMHC 310 (18 March 2024)
Leave to appeal denied where summons failed to state grounds and no realistic prospects of success were shown.
Appeal — leave to appeal — Court of Appeal Rules Order 10 r.4(3) — grounds must be stated in motion/summons — procedural competence — realistic prospects test (Breza Engineering) — draft memorandum insufficient — mode of commencement — originating summons — s.134(1) Companies Act.
 18 March 2024
Urban Brands Asset Management Limited and Anor v Impala Hotels and Suites Ndola Limited (2024/HPC/0063) [2024] ZMHC 308 (7 March 2024)
Statutory oppression claims under the Companies Act must be commenced by originating summons; wrong mode renders action incompetent.
Company law — s.134 Companies Act (oppression remedy) — mode of commencement — originating summons required — High Court Act s.10 importing RSC Order 5 Rule 3 — wrong mode renders proceedings incompetent — costs awarded to successful defendants.
 7 March 2024
February 2024
Yousuf Badat v Chansa Kapijimpanga and Kelly Davis Kapijimpanga (2020/HPC/0451) [2024] ZMHC 109 (27 February 2024)
The plaintiff proved defendants breached director duties; court ordered accounting, asset surrender and removal from directorship.
Company law — Directors' statutory and fiduciary duties (Sections 105, 106, 120) — duty to account and promote company success; shareholder's derivative/individual action (s138); accounting and recovery of secret or misapplied profits; oppressive conduct remedy (s134); injunctive relief (s330); removal/disqualification of directors.
 27 February 2024
Sarah Nkombo Malambo v Leonard Malambo and Ors (2021/HPC/0284) [2024] ZMHC 107 (21 February 2024)
Court held alleged removals and PACRA changes invalid; conduct was unfairly prejudicial and Plaintiff reinstated.
Companies Act – appointment and removal of directors and company secretary – validity of members'/board resolutions – notice and quorum requirements – PACRA filings – minority shareholder relief – unfairly prejudicial/oppressive conduct (s.134) – rectification of register.
 21 February 2024
Agrilink Limited v First National Bank Zambia Limited and Hollard Insurance Zambia Limited (2020/HPC/0840) [2024] ZMHC 108 (14 February 2024)
Court enforces written finance and insurance terms, dismisses premium-overcharge and other claims, but finds bank failed to issue proper VAT invoices.
Contract law; vehicle-asset finance; insurance premiums—declared sum insured versus retail value; privity; VAT tax invoices and input tax claims; Insurance Premium Levy (2016); debt collection costs under finance facilities; credit reference reporting; enforceability of bank counter-claims.
 14 February 2024
January 2024
Intercontinental Great Brands LLC v Zayaan Investments Limited (2023/HPC/0224) [2024] ZMHC 1 (30 January 2024)
Whether a registered mark should be expunged when confusingly similar to a famous prior mark and registered in bad faith.
Trade marks — Expungement — Sections 16, 17 and 18 Trade Marks Act — fraud and bad faith — confusing similarity to a famous prior mark — honest concurrent use.
 30 January 2024