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Principal Registry Lusaka - 2021 July

2 judgments
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2 judgments
July 2021
Total Zambia Limited v Kafula Mulenga (2011/HN/299) [2021] ZMHC 129 (21 July 2021)
Stay of execution denied where appeal lacked prospects of success and sought merely to delay eviction.
  • Civil procedure — Stay of execution pending appeal — Appeal does not automatically stay execution — Requirement of prospects of success and risk of irreparable harm — Eviction order.
21 July 2021
Maluti Chikuba v Mathews McNAB (2017/HP/0834) [2021] ZMHC 98 (9 July 2021)
Plaintiff failed to prove on balance of probabilities that defendant owed ZMW 19,200 for repairs or hire charges.
  • Motor-vehicle collision — defendant accepted responsibility and arranged some repairs — burden of proof in civil claims — requirement for expert/mechanic evidence to prove substandard repairs and quantify special damages — proof required for special loss and vehicle-hire claims.
9 July 2021