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Principal Registry Lusaka - 2021 May

6 judgments
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6 judgments
May 2021
Voster Sialubono and Ors v Lafarge Zambia Plc (2014/HP/1688) [2021] ZMHC 122 (30 May 2021)
Operator compliance with emission limits does not bar nuisance liability; strict statutory liability can apply, but medical causation must be proved for personal injury.
  • Environmental law; private nuisance; fugitive dust emissions from cement plant; statutory emission limits not an absolute defence; strict liability under Mines and Minerals Development Act s.87(1); damages for inconvenience but no proven personal injury.
30 May 2021
Jos Hansen and Soehne (Zambia) Limited v The Attorney General and Seleza Ventures Limited (2019/HP/0431) [2021] ZMHC 113 (24 May 2021)
A post-trial preliminary-issues application is incompetent; leave to file supplementary PACRA documents also refused.
  • Civil procedure — Preliminary issues — Order 14A RSC — must be filed before trial; Order 3 Rule 2 HCR — interlocutory relief only; Jurisdiction — challenge to re-entry under s.13 Lands Act — forum considerations; Evidence — leave to file supplementary documents — relevance and probative value; Practice Direction No.1/2002 — citation requirement does not confer jurisdiction.
24 May 2021
William Takawira Kazoka (Suing as Administrator of the Estate of the Late Ernest William Kazoka) and Anor v Margsret Nkowani (2012/HP/0360) [2021] ZMHC 132 (21 May 2021)
Extension of time to appeal denied where reasons were unsatisfactory and the applicant misled the court.
  • Civil procedure — extension of time to file notice of appeal — factors to consider: length of delay, reasons for delay, prospects of success, prejudice — applicant’s credibility and misleading the court — High Court Rules Order III r.2; Court of Appeal Act s.25.
21 May 2021
Trustees of Buseko Timber Grass Co-Operative Society v Henry Banda and Ors (2015/HP/0818) [2021] ZMHC 128 (19 May 2021)
An erroneous survey diagram requires rectification and issuance of an amended Certificate of Title, not a varied duplicate.
  • Lands and Deeds Registry Act s.56(2) — duplicate Certificate must be exact copy; Land Survey Act ss.17–18 — rectification/ amended Certificate of Title where survey diagram erroneous; remedy vs. duplicate; consolidation of rectification issue in the same proceedings.
19 May 2021
Gianpietro Milanese and Ors v Paolo Marandola and Ors (2014/HPC/0334) [2021] ZMHC 124 (14 May 2021)
Consent order not set aside: plaintiffs failed to plead/prove fraud or misrepresentation and their consequent claims fail.
  • Civil procedure — Consent order — Application to set aside for fraud or misrepresentation — Particularity in pleading fraud — Burden of proof — Interpretation of consent order terms (preferred price versus market price) — Counter-claim not prosecuted.
14 May 2021
Pacific Parts (z) Ltd v The Attorney General and Anor (2012/HP/0299) [2021] ZMHC 131 (14 May 2021)
Application to re-open trial dismissed; late private emails insufficient to justify re-opening.
  • Civil procedure — Re-opening reserved trial; inherent jurisdiction — Application must show why witness not earlier called, nature and materiality of evidence, and lack of prejudice — Late private emails from a non-party insufficient.
14 May 2021