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High Court of Zambia
Principal Registry Lusaka
Principal Registry Lusaka - 2023 February
3 judgments
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HON. JUSTICE ELITA PHIRI MWIKISA
Honourable Mr. Justice C. Kafunda
Kafunda J
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3 judgments
Citation
Judgment date
February 2023
Lubambe Copper Mines Limited v Hambani Ngwenya and Ors (2022/HP/1RB20) [2023] ZMHC 80 (28 February 2023)
Leave to appeal granted; stay refused because the judgment did not grant an enforceable remedy and the arbitral award was not stayable; writ of fieri facias set aside.
Arbitration: leave to appeal; stay of execution — judgment dismissing challenge to arbitral award not stayable; arbitral awards become enforceable as court orders once set-aside period expires or application refused; courts lack jurisdiction to stay awards they did not render; registration and enforcement of awards to be pursued in same court/process; irregular writ of fieri facias set aside.
28 February 2023
Phillip Banda v Alfred Chanda and Anor (2020/HP/0783) [2023] ZMHC 81 (22 February 2023)
Summary determination under Order 14A refused where disputed oral loan, certificate status and vehicle sale issues required a full trial.
Procedure — Order 14A (summary determination) — procedural prerequisites and suitability for determination; Contract law — enforceability of oral money‑lender agreements post Money Lenders Act; Security v sale — whether vehicle sale was collateral; Interest — validity of 30% per month; Evidence — disputes of fact require full trial.
22 February 2023
Bernard Fundi (Suing on his own behalf and on behalf of 59 erstwhile Police Officers seconded to the Bank of Zambia) v Bank of Zambia (2021/HP/0856) [2023] ZMHC 49 (21 February 2023)
Whether Cabinet Circular No.3/2001 binds statutory bodies and entitles seconded civil servants to equivalent employment terms.
Administrative law – Cabinet Office Circulars – binding effect on statutory bodies; Employment/contract law – secondment – clause 2(g) interpretation; Remedies – assessment of back pay, interest and costs.
21 February 2023
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