Principal Registry Lusaka - 2020 February

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3 judgments

Citation	Judgment date
February 2020
Belix Kenneth Mutale v Lenard Bwalya Kaluba and Ors (2004/HP /0093) [2020] ZMHC 477 (28 February 2020) Court affirmed Surveyor General's demarcation as consistent with prior judgment, ordered title deeds per plan and apportionment of survey fees. Land law — boundary demarcation — omission in judgment regarding retained portion — review — multiplicity of actions — reliance on Surveyor General's site plan to give effect to earlier judgment; costs apportioned for surveyor fees.	28 February 2020
Derrick Bwalya v Bornface Sichinga (2016/HP/0069) [2020] ZMHC 457 (21 February 2020) Abrupt lane change to avoid a third vehicle breached duty of care and caused plaintiff’s actionable damage. Road Traffic Act; negligence — duty of care — breach by abrupt lane change; causation despite third-party fleeing; proof of special damages; assessment of repairs and interest; counterclaim dismissed.	21 February 2020
Kelvin Chooma v Tamala Tonga and Ors (2015 /HP/ 628) [2020] ZMHC 411 (3 February 2020) The applicant failed to prove fraud; the registered Certificate of Title was upheld and the claim dismissed with costs. Land law – Certificate of Title conclusive under Lands and Deeds Registry Act – title challenge only for fraud/impropriety – allegations of fraud require specific pleading and higher standard of proof – ACC investigative letter insufficient without evidence – bona fide purchaser protected.	3 February 2020