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Principal Registry Lusaka - 2021 February

4 judgments
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4 judgments
February 2021
The People v Attorney General and Energy Regulation Board (2020/HP/0575) [2021] ZMHC 135 (26 February 2021)
Minister's wide declaration of entire network as common carrier and ERB's unilateral interim tariff were unlawful and procedurally improper.
  • Electricity law — Ministerial power to declare common carrier under s15 — scope and purpose of "for the purposes of the Act"; limits on S.I. making; procedural fairness — s15(2) negotiation requirement; ERB tariff-setting — interim wheeling tariff, s30(1) pricing principles; illegality and proportionality in administrative action.
26 February 2021
Ronbeat Investments Limited v MTN Zambia Limited and Ors (2013/.HP/1468) [2021] ZMHC 96 (25 February 2021)
Registered owner entitled to damages and mesne profits where a telecommunications tower was unlawfully sited on their land.
  • Property law — trespass to land; certificate of title conclusive; landlord/tenant rights and trespass by lessee; mesne profits/accounting for rentals; privity of contract and liability of purchaser of fixtures; remedies: damages, interest, costs; interlocutory injunction falls off.
25 February 2021
Charles Ndeketeya v James Njobvu and Ors (2018/HP/1922) [2021] ZMHC 140 (24 February 2021)
Applicant failed to prove compliance with customary-consultation requirements; court cancelled title and restored customary tenure.
  • Land law — Certificate of title and conversion of customary tenure; admissibility of affidavit exhibits and hearsay exceptions; Order 113 summary possession — suitability where occupants assert a claim of right; cancellation of title for failure to comply with s.3(4) Lands Act; consequences of failing to file affidavit in reply.
24 February 2021
Patson Mbao v Maila Rodger Chilele and Anor (2020 I HP/ 0694) [2021] ZMHC 109 (3 February 2021)
Application to strike out as statute‑barred dismissed for failure to meet Order 14A’s notice‑of‑defence prerequisite.
  • Civil procedure — Order 14A: requirement of notice of intention to defend before disposing of questions of law; Order 33 rule 3 not a substitute for Order 14A prerequisites; Limitation Act 1939 — accrual and fraud (s.26) issues not decided where preliminary application procedurally incompetent.
3 February 2021