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Principal Registry Lusaka - 2020 October

4 judgments
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4 judgments
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Judgment date
October 2020
John Steele v Nelson Garnet and Ors (2019/HP/0603) [2020] ZMHC 465 (23 October 2020)
Shareholders cannot obtain an injunction over company land unless the company is a party or has authorized the application.
Company law – separate legal personality; locus standi of shareholders – interlocutory injunction – requirement that company (owner) be a party or that applicants show corporate authority/board resolution; Order 29 Rule 1 (interlocutory injunction by a party); preservation of status quo vs creating new conditions.
 23 October 2020
The People v Simusiku Sibulwa and Anor (HP/102/2020) [2020] ZMHC 422 (6 October 2020)
The accused were convicted of vandalising electricity cables; scene-reconstruction and leading evidence were held admissible.
Criminal law – Vandalism of electricity infrastructure – elements of the offence – admissibility of scene-reconstruction and leading evidence – voluntariness of recorded admissions – effect of investigative lapses (dereliction) – corroboration by unexplained coincidences.
 6 October 2020
The People v Abu Hussen Ibrahim Phiri and Anor (HP/305/2019) [2020] ZMHC 408 (2 October 2020)
Recent possession, recovery of victim's belongings, and circumstantial proof supported convictions for murder and aggravated robbery.
Criminal law – Murder (s.200, s.204 Penal Code) – Aggravated robbery (s.294(1) Penal Code) – Circumstantial evidence – Recent possession doctrine – Admissibility of suspects leading police to recovered exhibits – Forensic post-mortem evidence – Failure to lift fingerprints.
 2 October 2020
Kapiri Transport Limited v CLA Commercial Vehicles Limited (2019/ HP/ 688) [2020] ZMHC 466 (1 October 2020)
Arbitration clause in an unregistered (void ab initio) lease does not survive; without-prejudice labels do not guarantee exclusion.
Arbitration — Severability — Arbitration clause does not survive where underlying agreement is void ab initio for non-registration; Without-prejudice communications — admissibility where no genuine settlement attempt or exceptions apply; Stay of proceedings under s.10 Arbitration Act.
 1 October 2020