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Principal Registry Lusaka - 2021 August

3 judgments
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3 judgments
August 2021
Pemba Lapidaries Limited and Anor v Industrial Credit Company and Ors (2019/HP/1720) [2021] ZMHC 116 (31 August 2021)
Court refused to pierce the corporate veil or join post-judgment parties, dismissing applications for joinder and charging order.
  • Company law — Piercing corporate veil — Requirement of proof of intentional fraud or sham; Director's liability — Non-executive director not personally liable absent fraud; Civil procedure — Appeal from Deputy Registrar is rehearing de novo; Joinder post-judgment and charging order — impermissible without grounds to lift veil; Evidence — objection to scandalous affidavit paragraphs allowed.
31 August 2021
Roza Musonda v Victor Mwachindalo and Ors (2017 /HP/ 1891) [2021] ZMHC 99 (29 August 2021)
Plaintiff failed to prove driver or employer negligence, but insurer liable under a direct claim; damages to be assessed.
  • Road traffic accident; negligence—duty, breach, causation; evidential weight of police reports; need for expert evidence on excessive speed; vicarious liability; Section 90 Road Traffic Act—direct claim against insurer; assessment of damages; costs; leave to appeal.
29 August 2021
Jonas Mwanza and Ors v Sable Transport Limited (2008/HP/0383) [2021] ZMHC 95 (3 August 2021)
Whether unlicensed quarrying and blasting caused compensable damage to nearby properties.
  • Environmental law — Environmental Impact Assessment/Project Brief requirement for quarrying — mining licence identification — liability for damage from blasting — causation on balance of probabilities — injunction and compensation assessment.
3 August 2021