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Principal Registry Lusaka - 2021 June

5 judgments
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Judgment date
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