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Principal Registry Lusaka - 2020 May

3 judgments
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3 judgments
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Judgment date
May 2020
Leo Luthombi Liambele (Suing as Secretary of the Outdoor Advertising Association of Zambia ) v Zambia Airports Corporation Limited (2020/HP/375) [2020] ZMHC 471 (29 May 2020)
Court dismissed interim injunction in procurement dispute, finding arbitration regime and adequacy of damages weigh against equitable relief.
Public Procurement — arbitration clause — court’s power to grant interim relief before arbitral tribunal appointed; interlocutory injunction — American Cyanamid principles — serious question to be tried; adequacy of damages; balance of convenience; possible unclean hands.
 29 May 2020
Safal Enterprises Limited v Umu Kanyanta and Ors (2017/HP/0759) [2020] ZMHC 400 (18 May 2020)
Certificate of title is conclusive absent distinctly proved fraud; defendants failed to prove fraud and were found to have trespassed.
Land law – Certificate of title conclusive; impeachment only on clear, distinctly pleaded and proved fraud – Lands and Deeds Registry Act ss.33–35; Res judicata – requirements and scope; Trespass to land – unjustifiable interference with possession; Particularity of pleading fraud; Assessment of damages by Deputy Registrar.
 18 May 2020
Varun Food and Beverages Zambia Limited v Sconeer Investments Limited (2017/HPC/0017) [2020] ZMHC 430 (14 May 2020)
Seller entitled to price where unascertained goods were ascertained and property passed on delivery; counterclaim dismissed for want of prosecution.
Sale of Goods Act 1893 – unascertained goods – ascertainment by invoicing and appropriation – property passes on delivery – seller's right to sue for price under s49; counterclaim dismissed for want of prosecution.
 14 May 2020