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Principal Registry Lusaka - 2023 November

5 judgments
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5 judgments
November 2023
Beki Moyo and Another v Mpulumelelo Moyo and Another (2021/HPF/538) [2023] ZMHC 106 (28 November 2023)
Application to revoke probate dismissed; executors ordered to render accounts of estate administration.
  • Probate revocation — Wills Act s.51 grounds — duty to render accounts s.45(1)(c)(ii) — testate v intestate — corporate personality and piercing veil — locus standi to challenge administration.
28 November 2023
Lusinde Investments Limited v Cosmos Investments Limited and Ors [2023] ZMHC 23 (23 November 2023)
Whether a duplicate certificate issued in error defeats a registered proprietor's title and supports damages for lost business.
  • Land law — Certificate of title conclusive under s.33; duplicate certificate issued in error; challenge only on fraud or impropriety; proof required for interference with possession and damages.
23 November 2023
Angel Cosmetics DRC v Andrew Milau Trading Limited (2023/HP/1512) [2023] ZMHC 60 (20 November 2023)
Unauthenticated foreign Power of Attorney rendered affidavit irregular; court expunged it but allowed amendment and re-swearing to cure.
  • Authentication of foreign documents — Power of Attorney executed abroad must be authenticated under s3 Authentication of Documents Act; defective affidavit expunged — irregularity curable by amendment and re-swearing (Order 5 r14 High Court Rules); misnomer/correction of party name; Order 2 r1-2 Rules of Supreme Court (irregularities) and Order 3 r2 High Court Rules (interlocutory powers); costs to applicant; leave to appeal granted.
20 November 2023
Gabriel Mwale v The Attorney General (2019/HP/0654) [2023] ZMHC 20 (17 November 2023)
Plaintiff acquitted after ten months; false imprisonment proven but malicious prosecution and claimed special losses not established.
  • False imprisonment — prosecution without reasonable and probable cause — malicious prosecution requires proof of malice — failure to prove special damages for alleged stolen property — award of general, aggravated and exemplary damages — costs and interest; damages assessment referred.
17 November 2023
Victoria Thole v Lusaka City Council and Anor (2022/HP /0082) [2023] ZMHC 34 (9 November 2023)
Caveator's contract and payments created an equitable interest sufficient to justify maintaining the caveat; removal application dismissed.
  • Lands and Deeds Registry Act — caveat — section 76 permitting caveat by person claiming interest — equitable/contractual interest (deposit/contract of sale) creates special interest justifying caveat — burden on caveator to show cause under sections 81/82 — removal application dismissed.
9 November 2023