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Principal Registry Lusaka - 2004

3 judgments
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3 judgments
November 2004
Chrispin Mushiba v Administrator General (2002/HP/A.0061) [2004] ZMHC 4 (4 November 2004)
Conditional correspondence did not revive a time‑barred claim; prior leave required to sue after appointment of a provisional liquidator.
  • Limitation of actions — acknowledgement of debt — conditional correspondence does not revive time‑barred claims; Companies Act s.281 — provisional liquidator — prior leave required to commence or proceed with actions against the company; Procedural duty — plaintiff must obtain leave before suing liquidated company.
4 November 2004
October 2004
Chibawe Mbolongwe and Anor v Flannery Mbolongwe and Ors (2001/HP/0819) [2004] ZMHC 5 (6 October 2004)
Court found first defendant procured title by fraud, set aside titles and ordered possession returned to the plaintiffs.
  • Succession and estate administration — inclusion of partially-paid government house in Will; validity of Local Court letters of administration where testator left a Will; fraud in procurement of administration orders and state title; nemo dat quod non habet — purchaser/mortgagee cannot acquire better title; cancellation of Certificates of Title under Lands and Deeds Registry Act; declaratory relief and possession; damages assessment.
6 October 2004
August 2004
Dr Peter Machungwa and Anor v The Attorney General and Ors (2001/HP/0705) [2004] ZMHC 2 (30 August 2004)
Applicants failed on judicial review: tribunal’s finding of unauthorized conversion under section 4(d) valid; no breach of natural justice.
  • Administrative law — judicial review limited to process not merits; Parliamentary & Ministerial Code — section 4(d) converting government property; Illegality and irrationality standards; natural justice and admissibility of complainant’s investigative statements.
30 August 2004