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Principal Registry Lusaka - 2022 September

4 judgments
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4 judgments
September 2022
Mumana Pleasure Resort Limited v Martha Muzondiwa (2022/HP/0217) [2022] ZMHC 68 (30 September 2022)
A certificate of title is conclusive; the applicant entitled to vacant possession and eviction against the respondent.
  • Land law — Certificate of title conclusive evidence of ownership (absent fraud); Originating summons (Order 30 Rule 11) appropriate for questions arising from written instruments; vacant possession and eviction where transferee refuses to vacate; service of process and default.
30 September 2022
Caroline Tembo v Mwaaza Tembo (sued as Executrix of The Estate of the Late Lazarous Tembo) (2021 /HPF /122) [2022] ZMHC 63 (28 September 2022)
Court declines to vary a will under Section 20 Wills Act where testator’s reasons and lack of evidence justify dispositions.
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28 September 2022
Fidelity Security Services (PTY) Limited v Fidelity Security Services Zambia Limited (2021/HPC/0499) [2022] ZMHC 61 (27 September 2022)
Petitioner shareholder’s winding-up petition granted: respondent unable to pay debts and membership reduced below two, costs awarded.
  • Company law — Winding-up by court — Member’s petition under s.56; Service and advertisement compliance; Insolvency — ‘unable to pay debts as they fall due’ (s.57(3)(c)) and solvency test (s.57(4)); Balance-sheet and cash-flow considerations; Insufficient proof of specific trade and statutory debts; Reduction of members below two (s.57(1)(d)) — proper ground for winding-up.
27 September 2022
Daniel Sinjwala Libati v Jenala Chipungu (2022/HPF/A004) [2022] ZMHC 47 (15 September 2022)
Appeal dismissed: late venue objection waived after filing pleadings and taking fresh steps; matter remitted for trial.
  • Civil procedure — Subordinate Courts — Order XIV Rule 1(c) — Place of trial for ‘other suits’ — Jurisdictional objection must be raised before or when required to answer/plead — Waiver by filing pleadings or taking fresh steps (payments into court) — Appeal dismissed; matter remitted for trial.
15 September 2022