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Principal Registry Lusaka - 2020 June

7 judgments
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7 judgments
Citation
Judgment date
June 2020
Dominic Chola Mulaisho and Anor v Development Bank of Zambia and Ors (2002/HP/0659) [2020] ZMHC 475 (30 June 2020)
Joinder binds later parties to existing injunctions; court cannot later impose additional security for damages.
Interlocutory injunction — Joinder under Order 14 — Binding effect of later-joined parties — Undertaking as to damages — Fortification — No power to impose additional security after grant — Stare decisis.
 30 June 2020
Acme Information Technologies Limited v Elias Paraskeva Spyrm MARY A LANGLEY SPYRON (T / A AGRILINK FARMING) (2020/HPC/0012) [2020] ZMHC 445 (15 June 2020)
The court dismissed the plaintiff's claim for failure to plead material facts, finding no forum shopping.
Civil procedure — Abuse of process — Multiplicity of actions and forum shopping — Subordinate Court monetary jurisdiction limit — Pleading requirements under Order LIII, r.6(1) — Failure to state material facts — Dismissal with costs; leave to commence fresh proceedings.
 15 June 2020
Acme Information Technologies Limited v Elias Paraskeva Spyrm MARY A LANGLEY SPYRON (T / A AGRILINK FARMING) (2020/HPC/0012) [2020] ZMHC 446 (15 June 2020)
Claim dismissed for failing to plead material facts; forum shopping rejected due to Subordinate Court’s jurisdictional limit.
Civil procedure — multiplicity of actions and abuse of process; forum shopping; requirement to plead material facts (Order LIII r.6(1) High Court Rules); dismissal for deficient statement of claim; Subordinate Court monetary jurisdiction.
 15 June 2020
Kasote Singogo v Road Development Agency (2016/HP/2292) [2020] ZMHC 427 (5 June 2020)
Consent order not set aside: no duress or undue influence; employer-employee status alone does not vitiate consent.
Civil procedure – Consent judgments – Setting aside consent orders – Allegations of duress and undue influence – Employer-employee relationship does not create presumption of undue influence – Fresh action required to challenge consent judgment.
 5 June 2020
Eustina Mulenga Besa and Ors v National Food and Nutrition (2016/HP/0231) [2020] ZMHC 399 (2 June 2020)
Plaintiffs entitled to be offered institutional houses after a binding ministerial directive; damages for mental anguish not proven.
Parastatal housing sales – 1996 Government homeownership policy – Institutional (pool) houses – Eligibility under Civil Service Home Ownership Scheme Handbook – Ministerial direction mandatory under statute – Board’s refusal inconsistent with guidelines – Damages for mental anguish require proof.
 2 June 2020
Augustine Musumali v Beatrice Nkonde Musumali (2018/HPF/D/058) [2020] ZMHC 416 (1 June 2020)
1 June 2020
Josephine Mubanga Mumba v Dennis Mumba (2018/HPF/D/0014) [2020] ZMHC 415 (1 June 2020)
Whether the children's best interests require remaining with the respondent in South Africa or transfer to the petitioner in Zambia.
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 1 June 2020