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Principal Registry Lusaka - 2019

4 judgments
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4 judgments
Citation
Judgment date
November 2019
Neira Investments Limited v Northern Province Co-operative and Marketing Union Limited (2019/HP/0454) [2019] ZMHC 34 (29 November 2019)
Holding over and payment created a quarterly periodic tenancy requiring three months’ notice; distraint was lawful and plaintiff’s special-damage claim failed.
Landlord and tenant — expiry of fixed-term lease and holding over — creation of periodic (quarterly) tenancy by payment and acceptance of rent — notice to quit equals period length; distraint for rent — lawfulness of Warrant of Distress; proof of special damages required with reasonable particularity.
 29 November 2019
August 2019
Kayelu Ngonga v Patricia Musakanya (2013/HP/0377) [2019] ZMHC 35 (9 August 2019)
Application for extension of time to appeal dismissed for inordinate delay, insufficient reasons and no grounds or prospects of success.
Civil procedure — Extension of time to appeal — Discretion guided by length and reasons for delay and, where appropriate, merits — Applicant must provide grounds/prospects of success — Procedural irregularities curable under rules permitting extension of time.
 9 August 2019
Steven Mambo Moonga Naluvwi and Anor v Attorney General and Ors (2015/HP/325) [2019] ZMHC 37 (7 August 2019)
Application for default judgment dismissed; matter to proceed to hearing on merits, no order as to costs.
Civil procedure – default judgment – whether defendants’ non-appearance justified termination of proceedings; earlier originating summons default order set aside – matter re-commenced by writ – Order for Directions complied with – application dismissed.
 7 August 2019
March 2019
Kenneth Walembi Kajimana (Suing as Administrator of the estate of the late Andy Nyiwangu Kanjimana(MALE) v The Attorney General and Anor (2010/HP/293) [2019] ZMHC 38 (13 March 2019)
Plaintiff awarded inflation-adjusted loss of delayed pension difference against the Attorney General; Fund Board not liable; interest and costs awarded.
Pension law — wrongful retirement and underpayment — inflation/indexation of pension benefits — State liability — interest on monetary judgments — interpretation of Public Service Pensions Act.
 13 March 2019