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Principal Registry Lusaka - 2022 June

4 judgments
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4 judgments
Citation
Judgment date
June 2022
Scipion Active Trading Fund v Hussein Safieddine (2019/HP/1166) [2022] ZMHC 37 (9 June 2022)
Court enforces personal guarantee against director despite alleged business rescue; moratorium held inapplicable to the guarantor.
Guarantee enforceability; personal guarantor liability; business rescue moratorium; Corporate Insolvency Act s.25(2); originating summons procedure; burden of proof for business rescue initiation.
 9 June 2022
Umeshkumar Manilal Patel and Anor v Pound Stretcher Zambia Limited (2021/HP/0463) [2022] ZMHC 43 (9 June 2022)
Unregistered lease is void, but possession and accepted rent created a periodic tenancy permitting the plaintiffs' claims to continue.
Lands and Deeds Registry Act s4 & s6 – non-registration of a lease renders it void; unregistered lease enforceable inter partes only; possession plus payment and acceptance of rent creates periodic tenancy independent of void lease; Order 14A inappropriate where point of law will not finally dispose of action.
 9 June 2022
The Bay Hotel Limited v Musali Gardens Limited (2017 /HP/0702) [2022] ZMHC 31 (8 June 2022)
Unregistered long lease is void; periodic tenancy arose, but claimant's application was procedurally defective and dismissed.
Lands & Deeds Registry Act — non-registration of a lease for >1 year renders it null and void; periodic tenancy may arise by possession and payment of rent; procedural requirements under Landlord and Tenant (Business Premises) Act — originating notice of motion limited to specified claims, statutory notice and notification requirements for new tenancy (s.5, s.10) and Rule 5 compliance; improper commencement deprives court of jurisdiction; application dismissed; costs to respondent; leave to appeal granted.
 8 June 2022
Supply Connection Limited v Ndilila Associates (2017/HPC/ARB/0187) [2022] ZMHC 32 (3 June 2022)
Application to set aside arbitral award dismissed — no lack of notice, no proven excess of scope, no unlawful delegation to assistant arbitrator.
Arbitration Act s.17(2) — setting aside arbitral awards — notice of proceedings; scope of submission to arbitration; tribunal composition; Regulation 15 — assistants and delegation of decision‑making.
 3 June 2022