Commercial Registry - 2025 March

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2 judgments

Citation	Judgment date
March 2025
Lydia Lukiya Nabeza v Naomie Chambeshi Muteteka (2025/HPC/0102) [2025] ZMHC 40 (28 March 2025) Unlicensed lender can enforce a valid loan agreement; equitable mortgage permits foreclosure, not sale, with specified interest regime. Money Lenders Act – unlicensed lending – effect on contracts (criminal sanction does not automatically void contract) – enforceability of contractual interest – equitable mortgage – foreclosure not sale – post‑judgment interest (average short‑term deposit rate to judgment; Bank of Zambia lending rate thereafter).	28 March 2025
Yapi Merkezi Insaat Ve Sanayi A.S. and Anor v Zambia Railways Limited and Anor (2024/HPC/0230) [2025] ZMHC 13 (14 March 2025) IPCs issued without the contractually appointed engineer are invalid; parties must appoint an engineer, assess works, reconcile accounts, and bear their own costs. Contract law – EPC contract – requirement for independent engineer to certify works and issue IPCs; interim payment certificates without appointed engineer invalid; privity of contract – separate USD3.6m contract not binding non-parties; remedies – post-judgment appointment of engineer, valuation and reconciliation; costs – each party to bear own costs.	14 March 2025