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Principal Registry Lusaka - 2001

2 judgments
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2 judgments
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