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Principal Registry Lusaka - 2022 April

4 judgments
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4 judgments
April 2022
Romans Mvula (Suing as Administrator of the Estate of the late January Mvula) v Lusaka City Council (2019/HP/0121) [2022] ZMHC 36 (27 April 2022)
A registered certificate of title is conclusive; a local authority cannot lawfully displace registered ownership by issuing occupancy licences.
  • Property law — Certificate of Title — Conclusive effect of certificate (Lands and Deeds Registry Act s.33) — Adverse possession barred after issuance of certificate (s.35) — Local authority’s occupancy licences and levies cannot override registered title — Improvement Area Declaration not retrospective.
27 April 2022
EliasTembo (Suing in his capacity as Attorney for Adamson Mbewe) v John Kunda Lengwe (2009/HP/0862) [2022] ZMHC 51 (11 April 2022)
Court permitted re-opening to admit fresh documentary evidence after finding Ladd v Marshall criteria satisfied.
  • Civil procedure — Fresh evidence after close of case — Order III r2 High Court Rules; Order 38 r13 Rules of Supreme Court — Ladd v Marshall criteria applied — documentary evidence; self‑explanatory exhibits; prevention of prejudice to opposing parties.
11 April 2022
Andrea Porro v Grant Andrew Cooke and ors (2018/HP/2208) [2022] ZMHC 104 (6 April 2022)
The applicant’s failure to promptly file a notice of appeal justified refusal to grant leave to appeal out of time.
  • Civil procedure — Appeal from Registrar — Order XXX, Rule 10(1) — seven‑day notice requirement — extension of time — promptness required — sitting on rights — prospects of success — failure to file grounds or submissions.
6 April 2022
Chansa Simfukwe and Aor v Rev Martin Chama (2020/HP /0200) [2022] ZMHC 101 (1 April 2022)
Affidavit in reply filed without leave was expunged and land recovery claim dismissed as statute-barred under the Limitation Act.
  • Civil procedure — Affidavit in reply: generally requires leave; court discretionary to admit affidavits filed without leave where issues were unforeseeable
  • Limitation Act 1939 s4(3) — 12-year bar to actions for recovery of land; s26 exception for fraud/mistake delays accrual until discovery
  • Order 14A — preliminary point of law appropriate to dismiss plainly statute-barred land claims
1 April 2022