Principal Registry Lusaka - 2001

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2 judgments

Citation	Judgment date
December 2001
Fauster Musukwa and Anor v Emmanuel J. Mwansa (1999/HP/1608) [2001] ZMHC 3 (26 December 2001) Ex parte injunction discharged where applicant failed to prosecute the matter and produce essential documentary evidence, unfairly prejudicing the defendant. Civil procedure – interlocutory ex parte injunction – discharge for failure to prosecute and absence of supporting documentary evidence – fairness to respondent.	26 December 2001
September 2001
Apogo Inter-Trade Limited v Inter- African Network for Human Rights and Development (1999/HP/A11) [2001] ZMHC 4 (4 September 2001) Appeal allowed: no proved contract for consultancy fees and plaintiff lacked privity to sue. Contract law – oral consultancy agreement – requirement of organisational written contracts and budget approval – evidentiary weight of unstamped/sample documents; Burden of proof – balance of probabilities; Privity – company not party to consultant’s dealings; Appellate review of findings of fact (Nkhata test).	4 September 2001