Commercial Registry - 2025 May

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2 judgments

Citation	Judgment date
May 2025
ZAL ELEVATORS LIMITED V KAYONGO KAYONGO (2022/HPC/068 7) [2025] ZMHC 66 (29 May 2025) Whether a police-signed payment agreement is void for duress and the company's liability for employee loans and withheld pensions. Contract – Duress: payment agreement signed under police detention voidable; Corporate law – ostensible authority/agency by estoppel: managing director's conduct bound company; Employment/pension: employer must remit deducted pension contributions; Evidence: burden to prove claimed sums; Remedies: refund, interest at commercial rate, costs; Special damages require particularisation.	29 May 2025
Atlas Mara Financial Services Limited and Anor v DBF Capital Partners Limited and Anor (2024/HPC/ARB/0680) [2025] ZMHC 29 (19 May 2025) Application to set aside arbitral interim and joinder orders dismissed for want of jurisdiction and as abuse of court process. Arbitration — Interim/interlocutory orders — Scope of 'award' — Jurisdiction to set aside — Complementary role of courts — Abuse of court process — Joinder — Article 16 (jurisdictional challenges) vs Section 17 (set aside).	19 May 2025