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Principal Registry Lusaka - 2022 October

3 judgments
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3 judgments
October 2022
Emmanuel Ngandwe v Dr. Frank Ngoyi Mbalanga (2019/HP/0308) [2022] ZMHC 69 (26 October 2022)
26 October 2022
Lewis Malembeka v Christopher Ntalasha (sued in his capacity as Headman Mukwanka) and Anor (2020/HP/0615) [2022] ZMHC 39 (14 October 2022)
Whether an earlier action challenging a consent judgment constitutes abuse, and whether it can be consolidated with a concluded suit.
  • Civil procedure — Abuse of court process and multiplicity of actions; Consent judgments — scope of an action to set aside consent judgment; Consolidation — prerequisite that target matters be pending; Remedy of review where joined post-judgment.
14 October 2022
Florence Mwansa Mutwala v New Future Financial Company Limited (2019 / HP/0377) [2022] ZMHC 70 (10 October 2022)
Whether a written sale with a buy‑back option was in substance an equitable mortgage entitling the applicant to redeem.
  • Characterisation of transaction — sale versus equitable mortgage; objective interpretation of written contract; buy‑back/option clauses; right to redeem; entitlement to vacant possession; enforcement of freely entered contracts.
10 October 2022