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District Registry-Ndola - 2024

7 judgments
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7 judgments
Citation
Judgment date
December 2024
Gargaar Freighters Limited v Kemcore Zambia Limited (2023/HN/198) [2024] ZMHC 256 (9 December 2024)
Defendant liable for full transport invoices despite invoicing to related Botswana entity; nominal damages awarded.
Contract interpretation – admissibility of extrinsic/internal emails; corporate group invoicing – liability of contracting party despite invoices to related entity; unjust enrichment/quantum meruit; breach of contract; nominal damages; interest and costs.
 9 December 2024
Lapinta Road Network Limited v Bed- Rock Network Limited (2024/HN/420) [2024] ZMHC 255 (9 December 2024)
A typographical misnomer is curable; interlocutory injunction discharged for lack of irreparable harm and potential alteration of status quo.
Civil procedure — misnomer/curable error; amendment of pleadings; interlocutory injunction — test: serious question, irreparable harm, balance of convenience, clean hands; preservation of status quo; mining rights and adequacy of damages.
 9 December 2024
October 2024
Felister Musonda (Suing in her capacity as Administratrix and Beneficiary of the estate of the Late Victor Mupenda) v Republique Democratique Du Congo Consulate General (Sued in the capacity as employer of the deceased) (2024/HN/314) [2024] ZMHC 293 (31 October 2024)
A claim for employment benefits against a consular office is barred by statutory consular immunity; the High Court lacked jurisdiction.
Diplomatic/Consular immunity – Diplomatic Immunities and Privileges Act (Ch.20) – Consular officers and offices immune from suit and legal process in respect of acts in course of official duties – Jurisdictional bar to claims for employment benefits against consular offices – Court's duty to satisfy condition precedent of jurisdiction even if defendant does not respond.
 31 October 2024
May 2024
Damiano Mutale (Suing in his capacity as Vice Secretary of Damiano Academy Football Club) and Anor v Andrew Kamanga (Sued in his capacity as President of the Football Association of Zambia (FAZ)) and Anor (2024/HN/176) [2024] ZMHC 27 (2 May 2024)
Court refused to discharge an ex parte injunction, reluctantly adjourning the inter partes hearing to allow proper service and response.
Civil procedure – interlocutory injunction – ex parte order not discharged – abridgement of time for inter partes hearing – adjournment by consent due to lack of service and pending interlocutory applications – Order 33 High Court Rules – costs in the cause.
 2 May 2024
April 2024
Friday Mpundu and Ors v Mike Manda (2023/HN/CA.13) [2024] ZMHC 48 (3 April 2024)
Media statements alleging land 'grabbing' were defamatory; defences of truth and fair comment failed.
Defamation — elements and defences; justification (truth) — requirement for particulars and documentary proof; honest opinion/fair comment — factual basis and verification; public interest reporting — responsible journalism; appellate review of findings of fact.
 3 April 2024
February 2024
Esther Kahilu Chikote v Richmond Finance Zambia Limited (2023/ HN/ 365) [2024] ZMHC 51 (19 February 2024)
Unregistered caveat has no effect; registered purchaser’s caveat upheld as bona fide purchaser for value without notice.
Property law – Caveat – Effect of an unregistered/ unprocessed caveat – Registered caveat prevails; bona fide purchaser for value without notice protects registered interest – Enforcement of Consent Judgment against registered owner to be pursued in issuing court.
 19 February 2024
January 2024
George Chishimba and Ors v Public Service Pension Fund ( Bisonite Zambia Limited) (2023/HN/148) [2024] ZMHC 47 (31 January 2024)
Whether the corporate veil should be lifted because the defendant effectively controlled its subsidiary and acted as its principal.
Company law — separate legal personality — lifting/piercing corporate veil; agency relationship and single economic unit; misjoinder; liability of holding company for subsidiary's obligations; employment termination benefits.
 31 January 2024