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Commercial Registry - 2025

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7 judgments
Citation
Judgment date
September 2025
Morgan Naik v Amadeus International Limited and Anor (2024/HPC/0426) [2025] ZMHC 64 (1 September 2025)
Plaintiff's 13 October letter introduced new terms and amounted to a counter‑offer; no binding settlement existed, claim dismissed.
Contract formation – offer and acceptance; conditional acceptance as counter‑offer; requirement of mirror‑image acceptance; consideration and consensus ad idem; status of without‑prejudice (salvo jure) settlement negotiations.
 1 September 2025
August 2025
Module Metrix Zambia Limited v Zambia Legacy Missions International and 3 Ors (2018/HPC/0194) [2025] ZMHC 63 (6 August 2025)
Joinder application dismissed as res judicata, abuse of process and functus officio; applicant lacked sufficient interest.
Joinder – Order 14 r.5 High Court Rules – Whether person entitled to or likely to be affected should be joined; Res judicata – same cause of action, same parties, prior opportunity; Abuse of process/forum shopping – piecemeal litigation prohibited; Functus officio – court divested of jurisdiction on previously adjudicated issue; Privity of contract – subcontractor’s interest in principal contract.
 6 August 2025
July 2025
Precious Chisebuka and 2 Ors v Kaleya Smallholders Company Ltd and 4 Ors (2024/HPC/0855) [2025] ZMHC 53 (23 July 2025)
Application for leave to bring a derivative action dismissed for wrong mode of commencement and failure to show prima facie company interest.
Companies Act s331 - derivative actions - leave to commence – procedural mode: originating summons under High Court Rules Order 6 Rule 1(3) where matter fit for chambers; notice under s331(5) requires service only. Corporate Insolvency Act s66 – liquidation vs possession by central bank; requirement to show prima facie company interest and wrongdoing.
 23 July 2025
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
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