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Principal Registry Lusaka - 2021 June

5 judgments
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5 judgments
June 2021
CHRISTAIN OMILI JONNY V TUNISIKI INVESTMENT LIMITED (2019/HP/1505) [2021] ZMHC 136 (30 June 2021)
Court granted special leave to review and reopened trial to allow defendant's evidence via audiovisual technology, finding fresh evidence and no prejudice.
  • Judicial review (special leave) — fresh evidence — Chief Justice memorandum on application of High Court (Amendment) Rules; Civil procedure — Order XXXIX review test; Evidence — use of audiovisual technology; Adjournment discretion — pre-amendment law; Procedural default — prejudice required to deny relief.
30 June 2021
Charles Mwanza and Ors v Ndola City Council (2014/HP/A038) [2021] ZMHC 123 (29 June 2021)
Applicant's review based on council minutes and receipts failed because documents were discoverable with due diligence.
  • Land law — review on fresh evidence — requirements: materiality, discovery since judgment, due diligence — public/council minutes and receipts — burden of proof — necessity of letters of offer for land allocation.
29 June 2021
Sandra Rennie (Suing on her own behalf And as Administratrix of the Estate of Karin Ploukou, deceased) v Hippocratic Services Limited T/A Company Clinic and Anor (2015/H.P./0541) [2021] ZMHC 127 (29 June 2021)
A late application to call expert medical evidence after trial commencement was refused due to dilatoriness and prejudice to justice.
  • Civil procedure — Expert evidence — Order 38 Rules 36–37 — Leave required to adduce expert evidence; applications should ordinarily be made at summons for directions or before trial; late applications may be refused where they are dilatory or prejudicial — Costs and leave to appeal.
29 June 2021
Justin Chola v IHS Zambia Limited (2018/HP/1548) [2021] ZMHC 120 (28 June 2021)
Whether a prior lease binds a purchaser from a mortgagee in possession and entitlement to mesne profits for continued occupation.
  • Property law — Lease interpretation — Effect of sale by mortgagee in possession — Purchaser not bound by prior lease absent contractual succession; entitlement to mesne profits; pleadings requirement for statutory reliance.
28 June 2021
Wang Jin Cheng v Ackson Tembo (2017 /HP/ 1961) [2021] ZMHC 90 (21 June 2021)
Government ban frustrated the contract; plaintiff entitled to an assessed refund, but damage claims dismissed.
  • Contract law — frustration by governmental ban on export; money had and received — acknowledgment of debt and evidential value; Law Reform (Frustrated Contracts) Act — recovery and allowance for expenses; damages — requirement of particularised proof; fraudulent misrepresentation — higher standard of proof.
21 June 2021