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Principal Registry Lusaka - 2022 November

4 judgments
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4 judgments
Citation
Judgment date
November 2022
Phillip Keith Simwelleba and Anor v Mutemwa Sililo (2018/HP/1071) [2022] ZMHC 56 (25 November 2022)
Applicants entitled to specific performance for a 5‑acre sale; caveat rendered later titles irregular; no damages awarded.
Land law – sale of land – offer letter and advertisement as extrinsic evidence of agreed acreage; agency/ostensible authority; caveat effect on subsequent registrations; limitation (12 years); remedy of specific performance; damages denied for lack of purchaser due diligence.
 25 November 2022
Finance Bank Zambia Limited v Mipachima Farms Limited and Anor (2021/HP/0249) [2022] ZMHC 42 (18 November 2022)
Applicant entitled to sale to enforce Charging Order but court ordered fresh government valuation before sale.
Civil procedure — Enforcement of Charging Order Absolute by sale — Requirements of Order 88 r.5A(2) (identification of charge, outstanding sums, verification of title, prior incumbrancers, proposals and estimates supported by valuation) — Adequacy and currency of valuation — Discretion as to appointment of receiver — Typographical errors not necessarily fatal where correct exhibits lodged.
 18 November 2022
Lubasilubi Trust Registered Trustees and Anor v Fridah Mwangala Kakoma (2019/HP/A025) [2022] ZMHC 58 (14 November 2022)
Trust transfers made after knowledge of impending divorce may be disregarded; assets can remain matrimonial property and be shared.
Family law — Matrimonial property — Transfers into trusts or corporate vehicles — Transfers made after notice of impending divorce may be regarded as mala fide to defeat property claims; such assets may be treated as matrimonial property; doctrine of stare decisis (Chibwe v Chibwe) applies — Joinder/striking out of parties under Subordinate Court Rules.
 14 November 2022
The People v Jonathan Hajaya and Ors (HP/230/2022) [2022] ZMHC 67 (14 November 2022)
The accused coxswain's decision to take the boat into deep water with swimmers aboard constituted manslaughter; crew acquitted.
Criminal law – Manslaughter – unlawful act manslaughter – dangerous and foreseeable act; Negligence – gross negligence by vessel master; Inland Waters and Shipping Act – duty to secure safety of persons on board; Burden of proof – prosecution to prove guilt beyond reasonable doubt; Evidence – weight of eyewitness (relative) and investigatory report; Contributory negligence – not a defence to manslaughter, only mitigation.
 14 November 2022