Principal Registry Lusaka - 2020 September

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2 judgments

Citation	Judgment date
September 2020
Cavmont Merchant Bank Limited v Mukushi District Cooperative Union Limited (2000/HP/978) [2020] ZMHC 476 (28 September 2020) Borrower owes post-sale loan balance; lender liable for unreturned empty grain bags; theft and overpayment claims dismissed. Contract law – secured loan – enforcement of security – costs incidental to realization of security (transport and weighbridge) recoverable; Evidence – insufficiency of proof for theft and overpayment claims; Property/contractual incident – liability for unreturned packaging (empty grain bags).	28 September 2020
Griver Sikasote v Attorney General (2018/HPA/0021) [2020] ZMHC 434 (21 September 2020) Registrar exceeded powers by cancelling a Certificate of Title under s11(1); cancellation was ultra vires and is set aside. Land law – Registrar’s powers – Section 11(1) Lands and Deeds Registry Act limits Registrar to correcting register errors and does not permit cancellation of Certificates of Title; cancellation is for the courts; jurisdiction to appeal Registrar’s decisions under Sections 87 and 89; limitation bars stale claims to recover land.	21 September 2020