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Citation
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Judgment date
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| December 2024 |
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26 December 2024 |
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A consent judgment alleged to have been procured by fraud may be challenged in a fresh action; res judicata does not automatically bar such a challenge.
Civil procedure – abuse of court process; res judicata – limits where judgment procured by fraud; setting aside consent judgment obtained by fraud; fresh action required; particularity and proof of fraud.
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18 December 2024 |
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18 December 2024 |
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The plaintiff's amendments were allowed except the relief directing the Commissioner to subdivide already leased land, which was refused.
Civil procedure — Amendment of pleadings — Principles for allowing amendments; Competency of relief — Court cannot order the Commissioner of Lands to subdivide land already granted by lease; Cause of action — Allegations of fraudulent acquisition and liability of implicated parties; Costs in the cause; Leave to appeal granted.
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17 December 2024 |
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17 December 2024 |
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17 December 2024 |
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10 December 2024 |
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Court invalidated a special resolution and consequent share transfers as void, ordered reversion and equitable compensation with 1st defendant mainly liable.
Company law – alteration of share capital – validity of resolutions – Companies Act (sections mirroring old s.74/now s.140) – directors’ powers and requirement for member approval – subscription agreements – burden of proof for validity of meetings and resolutions – conversion and allotment of shares – transfers and assignments void for illegality – unjust enrichment and equitable restitution – apportionment of compensation.
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9 December 2024 |
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9 December 2024 |
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Applicant failed to demonstrate high prospects of success to justify a stay of execution of a consent judgment.
Stay of execution – consent judgment – setting aside consent judgment – applicant must show high prospects of success; Order 3 r.2 HCR; legal representation undermining claim of non-comprehension.
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3 December 2024 |
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3 December 2024 |
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3 December 2024 |
| November 2024 |
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28 November 2024 |
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22 November 2024 |
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Amendment allowed where new relief arises from the original repudiation claim based on post‑writ events; respondents awarded costs.
Civil procedure — Amendment of pleadings (Order 18 Rule 1) — Distinction between new cause of action and post‑writ facts giving rise to additional remedies — Prejudice, costs and relation‑back.
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15 November 2024 |
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A Legal practitioner’s right to a lien. Whether a legal practitioner can withhold a client’s funds as a lien for unpaid legal fees
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15 November 2024 |
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15 November 2024 |
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4 November 2024 |
| October 2024 |
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30 October 2024 |
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23 October 2024 |
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23 October 2024 |
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23 October 2024 |
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14 October 2024 |
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Post-judgment joinder of beneficiaries denied where no appeal/review and applicants slept on their rights; stay and set-aside claims dismissed.
Joinder post-judgment — jurisdiction to join interested parties pre-hearing (Order 14(5)(1) HCR) — requirement for appeal or review to justify post-judgment joinder — stay of execution (Order 47) — charging orders and enforcement — beneficiaries' notice and laches; multiplicity/abuse of process.
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9 October 2024 |
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9 October 2024 |
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7 October 2024 |
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7 October 2024 |
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3 October 2024 |
| September 2024 |
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30 September 2024 |
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30 September 2024 |
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26 September 2024 |
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25 September 2024 |
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25 September 2024 |
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25 September 2024 |
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24 September 2024 |
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Interlocutory injunction refused and suit dismissed because a Power of Attorney cannot ordinarily confer standing to litigate.
Civil procedure – interlocutory injunctions – requirements of arguable case, irreparable injury and balance of convenience; Standing – inability to conduct litigation by Power of Attorney; necessity of principal’s personal availability; court’s power to determine parties for interlocutory relief.
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23 September 2024 |
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High Court lacked jurisdiction over planning dispute in a statutory improvement area; both claim and counterclaim dismissed for want of jurisdiction.
Jurisdiction — Urban and Regional Planning Act — Statutory Improvement Areas: Subordinate Court is court of first instance; res judicata and abuse of process bar re‑litigation; demolition/enforcement under planning law; counterclaim independent but constrained by prior proceedings.
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20 September 2024 |
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20 September 2024 |
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16 September 2024 |
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14 September 2024 |
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14 September 2024 |
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1 September 2024 |
| August 2024 |
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8 August 2024 |
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5 August 2024 |
| July 2024 |
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26 July 2024 |
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Plaintiff's failure to file the mandatory letter of demand with the writ was fatal; proceedings dismissed, leave to appeal granted.
Civil procedure — Order VI Rule 1(1)(d) HCR — mandatory requirement to file letter of demand with writ — failure fatal to proceedings; dismissal; leave to appeal.
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25 July 2024 |
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24 July 2024 |
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Interim injunction refused where the contracts contain an arbitration clause requiring disputes to be arbitrated.
Civil procedure — Interim injunctions — American Cyanamid principles — Contracts of sale governed by Law Association of Zambia General Conditions of Sale — Arbitration clause (Condition 27) bars court jurisdiction; matter dismissed.
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10 July 2024 |
| June 2024 |
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A judge of the High Court will not set aside an interlocutory order made by a judge of equal jurisdiction; appeal required.
Civil procedure – interlocutory order – further and better particulars – jurisdiction to set aside orders of a judge of equal rank – inherent jurisdiction – Order 35 Rule 5 – High Court Act s.4.
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25 June 2024 |
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25 June 2024 |