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Principal Registry Lusaka - 2020 November

2 judgments
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2 judgments
November 2020
Mutinta Lina Mayuni Linyama v David Mbumbi Linyama (2019/HPF/D374) [2020] ZMHC 405 (13 November 2020)
Petitioner’s adultery established irretrievable breakdown; unreasonable‑behaviour claim failed for condonation and inadequate particulars.
  • Family law — Matrimonial Causes Act — irretrievable breakdown — unreasonable behaviour (s9(1)(b)) — requirement for particulars and effect of condonation; adultery (s9(1)(a)) — admission as proof; joinder of alleged third party (s10(1)) mandatory; Section 13 six‑month rule; welfare of children and property referral.
13 November 2020
GWALUGUANO INVESTMENTS LIMITED V PIUS MATANGA AND ORS (2008/HP/0733) [2020] ZMHC 480 (6 November 2020)
Whether a later municipal allocation can defeat the applicant's prior property rights defined by original boundary fences.
  • Land law — sale of land — identification of sold parcel by physical demarcation (wire fence, poles) — erroneous/undated site plans and numbering do not defeat an agreed identifiable sale; Survey diagrams — vendor’s obligations and privity of contract; Municipal allocation — later allocation cannot lawfully encroach on previously sold, physically demarcated land; Possessory and evidential weight of fence stumps and poles.
6 November 2020