Principal Registry Lusaka - 2020 January

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2 judgments

Citation	Judgment date
January 2020
Airtel Holdings Limited and Ors v Patents and Companies Registration Agency and Anor (2010/HP/ 1216) [2020] ZMHC 409 (31 January 2020) Plaintiffs failed to prove goodwill or likely confusion; Registrar properly cleared defendant's Airtel company names and claim dismissed. Company names — Registrar’s discretion under Companies Act s37 — mode of commencement: writ versus judicial review — Passing off — requirement of operational goodwill and evidence of likely confusion — unregistered name/trademark cannot confer monopoly rights.	31 January 2020
Ivy Simeza Nshindano v Kenneth Nshindano (2019/HP/F/319) [2020] ZMHC 470 (15 January 2020) Court granted protective injunctions against assault, removal and disposal of matrimonial property but refused respondent's exclusion from the home. Matrimonial injunctions – s101(1) Matrimonial Causes Act and Order 27 Rule 7 – protective restraining orders – occupational order/ exclusion from matrimonial home – standard of evidence – restraint on disposal of matrimonial property.	15 January 2020