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3 judgments
June 2021
Mundia Simainga and Anor v Kafue District Council (2021/HP/0165) [2021] ZMHC 106 (8 June 2021)
Article 160 requires a one-year delay before enforcing judgments against local authorities; premature writ of fieri facias struck out.
  • Constitutional law — enforcement of judgments against local authorities — Article 160 one-year moratorium — interpretation of "may" — writ of fieri facias — inappropriate invocation of Orders 14A, 33(3) and 18(19) — striking out of execution writ.
8 June 2021
February 2021
Mukana Livinus and Ors v The Attorney General (2018/HK/374) [2021] ZMHC 101 (15 February 2021)
Claims for malicious prosecution, false imprisonment and defamation dismissed; arrests supported by reasonable suspicion and statement was fair comment.
  • Malicious prosecution — reasonable and probable cause; false imprisonment — police discretion; defamation — fair comment and public interest; administrative transfers of police officers; proof of special damages.
15 February 2021
March 2020
Samuel David Chibuye v Standard Chartered Bank Zambia (2015/HP/422) [2020] ZMHC 455 (6 March 2020)
Court re-opened trial due to defendant’s unavailable material witnesses, finding risk of miscarriage of justice and awarding costs against the defendant.
  • Civil procedure — Re-opening trial — Discretion under s.13 High Court Act and Order 3 Rule 2 — Hearing in absence under Order 35 Rule 3 — Miscarriage of justice test — Onus on applicant — Credibility and weight of proposed evidence — Costs as compensation.
6 March 2020