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Principal Registry Lusaka - 2022 August

3 judgments
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3 judgments
August 2022
Meanwood General Insurance Company v Multi-Industry Limited (2020/HPC/0161) [2022] ZMHC 59 (25 August 2022)
Plaintiff failed to prove an enforceable insurance contract and unpaid premiums; inadequate evidence led to dismissal.
  • Insurance law — General insurance — Section 76 Insurance Act 1997 — Premium unpaid — contract inoperable after 30 days or agreed period; Evidence — requirement of witness personal knowledge — weight of unsubstantiated witness statement; Burden of proof — plaintiff must prove contract and liability on balance of probabilities; Failure to produce policy documents — claim dismissed.
25 August 2022
Walis Financial Services Limited v Nayoya Mwananuka (2021 / HPC / 0406) [2022] ZMHC 60 (10 August 2022)
Money-Lenders Act prohibits compound interest; plaintiff awarded principal with simple interest and may enforce vehicle pledge if unpaid.
  • Money-Lenders Act s.10 — clause charging compound interest void; pleadings — O. LIII r.6 deemed admissions for untraversed allegations; admissibility of unpleaded security evidence where not objected to; remedies — award of principal, simple interest, enforcement of pledged vehicle
10 August 2022
Bishop Emmanuel Milingo v Zambia Helpers Society and Anor (2018/HP/ 1455) [2022] ZMHC 57 (4 August 2022)
Plaintiff proved fraudulent land transfers; court cancelled titles, set aside mediation settlement, and declared expulsion null and void.
  • Land law — Fraudulent execution of deeds of gift — Challenge and cancellation of certificates of title under Lands and Deeds Registry Act — Mediation consent settlement set aside where settlement was tainted by fraud — Authority of legal representative in mediation — Nullity of trustee expulsion.
4 August 2022