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Principal Registry Lusaka - 2021 April

2 judgments
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2 judgments
April 2021
Collum Coal Mining No. 6 Shaft Industries Limited v Bowen Logistics Limited (2011/HP/553) [2021] ZMHC 130 (28 April 2021)
Seller proved delivery and entitlement to payment; non‑acceptance by buyer warranted only nominal damages absent proof of loss.
  • Contract for sale of goods — proof of delivery; non‑acceptance of goods — breach of contract; measure of damages for non‑acceptance (contract price less market price) — failure to prove loss results in nominal damages; plaintiff’s burden of proof despite defendant’s absence; Sale of Goods Act ss.27–28.
28 April 2021
Felicitas Kabwe Chibamba and Anor v Marshlands Consortium Limited and Ors (2019/HPC/0248) [2021] ZMHC 102 (9 April 2021)
Payment bought the issued share capital; subsequent in‑kind subscriptions and board reconstitution were void ab initio.
  • Company law; share subscription; payment in kind; directors' powers; Companies Act 2017 s85 and former s216; nullity of unauthorised allotment; invalid board appointments; rectification of PACRA registers; restitution/unjust enrichment; injunctive relief.
9 April 2021