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Principal Registry Lusaka - 2023 September

3 judgments
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3 judgments
September 2023
Pemba Lapidaries Limited and Anor v Industrial Credit Company and Ors (2019/HP/1720) [2023] ZMHC 71 (18 September 2023)
High Court may set aside an irregular writ of execution issued prematurely and applying interest not awarded by the appellate court.
  • Civil procedure — execution of appellate judgment — setting aside praecipe and writ of fieri facias for irregularity; jurisdiction of High Court over enforcement matters; three-day rule and requirement of leave for immediate execution; piercing corporate veil — liability for execution; unauthorized interest on writ.
18 September 2023
Pemba Lapidaries Limited and Anor v Industrial Credit Company and Ors (2019/HP/1720) [2023] ZMHC 77 (18 September 2023)
High Court set aside a writ of fieri facias for procedural irregularities despite appellate judgment piercing the corporate veil.
  • Execution of judgment — setting aside praecipe and writ of fieri facias for irregularity; Order XLVII Rule 5(2) (three‑day rule) and leave for immediate execution; endorsement of assessed judgment sum; inclusion of unordained interest; piercing corporate veil and personal liability; High Court jurisdiction to adjudicate enforcement irregularities.
18 September 2023
Mutinta Hanyinde (Suing as widow and Administratrix of the Estate of the late Borniface Chimpembele) v Josephine Chapipa and Ors (2023/HPF/301) [2023] ZMHC 87 (1 September 2023)
Court granted leave to appeal out of time, stressing sufficient cause, promptness and that ex curia talks do not stop time.
  • Civil procedure — leave to appeal out of time; sufficient cause; discretion; ex curia discussions do not stop time; promptness and prejudice; Article 118(2)(e) not a procedural shield.
1 September 2023