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Principal Registry Lusaka - 2023 October

3 judgments
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3 judgments
October 2023
Bethel Ministries Trustees v Charity Kapona (2023/HP/390) [2023] ZMHC 16 (23 October 2023)
Application to compel Registrar to execute conveyance dismissed because an existing stay of execution remained in force.
  • Conveyancing — Section 14 High Court Act — appointment of Registrar to execute conveyance documents — requirement of prior judgment and refusal to comply — effect of stay of execution by a lower tribunal.
23 October 2023
George Chola Chilufya v Beauty Hachingala (2023/HP/772) [2023] ZMHC 17 (23 October 2023)
Plaintiff proved purchase and possession; declared owner; Deputy Registrar cannot be appointed before defendant's refusal to comply.
  • Property law — Sale and assignment — Proof of contract, payment and possession; Declaration of ownership; Conveyancing and State consent to assign; Section 14 High Court Act — nomination of Deputy Registrar to execute documents only after refusal to comply with judgment; Default judgment principles — plaintiff's burden of proof remains despite defendant's absence.
23 October 2023
Peter Augustine Chilufya v Collins Kangai Mununga (2023/HP/0885) [2023] ZMHC 25 (23 October 2023)
Plaintiff proven purchaser in possession entitled to declaration of ownership and an order compelling defendant to effect transfer; vesting order refused pending non-compliance.
  • Property law — contract of sale and payment — possession as evidence of title claim — transfer of registered title — High Court Act s.14 and vesting orders — burden of proof in undefended actions.
23 October 2023