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Principal Registry Lusaka - 2010

2 judgments
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2 judgments
Citation
Judgment date
October 2010
Evelyn Kangwa (Female) and Anor v Thandiwe Banda and Anor (2010/HP/960) [2010] ZMHC 114 (14 October 2010)
Interlocutory injunction against the First Lady dismissed for lack of evidence, wrong defendant, and statutory oversight of public funds.
Public funds – interlocutory injunction – First Lady's use of government facilities – Finance (Control and Management) Act – Auditor General and controlling officers’ roles – absence of irreparable harm – wrong party for injunctive relief.
 14 October 2010
September 2010
Kenneth Van Der Westherzen v Rota Rabels Limited and Ors (2010/HP/387) [2010] ZMHC 113 (8 September 2010)
A defendant may apply at any stage to stay proceedings and refer disputes to arbitration under section 10.
Arbitration Act s10 – stay and referral to arbitration at any stage; Companies Act s21 – Articles of Association as contract; arbitrability of company disputes; prior procedural steps do not bar s10 referral; pending court action may await arbitral award (s17 consequences).
 8 September 2010