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Principal Registry Lusaka - 2023 April

2 judgments
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2 judgments
April 2023
Elias Tembo v Greatwall Financial Services Limited (2019/HP/ 1709) [2023] ZMHC 36 (21 April 2023)
Written sale with buy-back option, not a loan; plaintiff failed to prove repayment, specific performance and damages awarded to defendant; repayment ordered net of damages.
  • Property law — contract of sale with buy-back option — interpretation of written agreements; inadmissibility of extrinsic evidence to contradict clear contract terms; caveat and remedy under Lands and Deeds Registry Act; specific performance for contracts of land; unjust enrichment and repayment of monies paid towards a buy-back.
21 April 2023
Elias Tembo v Greatwall Financial Services Limited (2019/HP/ 1709) [2023] ZMHC 37 (21 April 2023)
Court held the parties executed a sale with a buy-back option, not a loan, denying caveat removal and granting specific performance.
  • Property law — contract of sale with buy-back option vs. secured loan; construction of written agreements; admissibility of extrinsic evidence; caveat removal; specific performance; assessment of redemption/extension charges.
21 April 2023