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Principal Registry Lusaka - 2024 October

11 judgments
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11 judgments
October 2024
Frackson Njovu (Suing on his own behalf and on behalf of 10 other members of UNIP) v Tiyenji Chanda Kaunda (Sued both as President of UNIP and in his own capacity) and Ors (2019/HP/1237) [2024] ZMHC 286 (30 October 2024)
Court allowed substitution of defendants sued in representative capacities with newly registered office bearers.
  • Civil procedure — alteration of parties — Order 15 Rule 1 High Court Rules; substitution of parties sued in representative capacity; reliance on Registrar of Societies records; unopposed application; costs in the cause.
30 October 2024
Maambo Simukuni v Tenyiwe (2021/HPA/013) [2024] ZMHC 192 (23 October 2024)
A stay pending appeal requires filed appeal documents and affidavit evidence showing prospects of success and irreparable harm.
  • Civil procedure — Stay of execution pending appeal — Requirement to file notice and memorandum of appeal — Applicant must show prospects of success and irreparable harm supported by affidavit evidence — Court may preview appeal prospects but needs proposed grounds of appeal.
23 October 2024
Mercy Mbutwana Sunkutu v Reagan Bwalya Sunkutu (2024/HPF/D390) [2024] ZMHC 276 (23 October 2024)
Decree nisi granted after two-year separation; custody awarded to petitioner; property and maintenance referred for separate determination.
  • Matrimonial Causes Act — two-year separation and consent to divorce — decree nisi — custody awarded to petitioner — property settlement and maintenance referred to Deputy Registrar — each party bears own costs.
23 October 2024
The People v The Attorney General Ex Parte Hon. Brian Mundubile and Ors (2024/HP/0956) [2024] ZMHC 182 (23 October 2024)
Second Deputy Speaker's declaration of parliamentary vacancies was ultra vires, sub judice and quashed on certiorari.
  • Judicial review — ultra vires and Wednesbury unreasonableness — sub judice rule — Speaker's decision-making process — Article 72(5) & (8) — Order of certiorari.
23 October 2024
Nasilele Namushi and 17 Ors v Council of the University of Zambia (2024/HP/0624) [2024] ZMHC 195 (14 October 2024)
The applicants' leave claims are statute-barred; damage claims precluded by the statutory pension enforcement regime.
  • Limitation of actions (six-year rule) — breach of statutory duty — statutory remedy under National Pension Scheme Authority Act — Order 14A summary determination — cause of action in employment claims — prerogative of Authority to recover pension contributions.
14 October 2024
Andrew Mulenga Kanyanta and Ors v Mando and Pasi Advocates (Suing as a firm) and Anor (2022/HP/1928) [2024] ZMHC 198 (9 October 2024)
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.
9 October 2024
Wongani Investments Limited v Zambia Public Procurement Authority (2024/HP/0386) [2024] ZMHC 197 (9 October 2024)
An aggrieved bidder must pursue arbitration under the Public Procurement Act; judicial review leave discharged for lack of jurisdiction.
  • Public Procurement Act s99—arbitration as statutory remedy for suspension decisions; judicial review—lack of jurisdiction where alternative remedy not exhausted; discharge of leave to apply for judicial review; Court cannot itself refer matter to arbitration absent application.
9 October 2024
Grindover Investments Limited v Jonas James Nyirenda and Anor (2024/HP/0279) [2024] ZMHC 153 (7 October 2024)
Order 113 summary possession is inappropriate where occupiers assert a genuine competing claim or disputed transaction requiring trial.
  • Civil procedure — Order 113 summary possession — Narrow scope; not appropriate where occupier asserts competing ownership or dispute as to sale versus mortgage; contested factual issues require trial; dismissal of originating summons; costs to respondents; leave to appeal.
7 October 2024
Moneygrow Savings and Credit Co-operative Society Limited v Mauden Shula and Ors (2023/HP/1879) [2024] ZMHC 164 (7 October 2024)
Court held only the Registrar could appoint advocates after the injunction and expunged unauthorized firm's filings.
  • Cooperatives law — interlocutory injunction vesting control in Registrar — exclusive power to appoint legal practitioners; admissibility of affidavits — hearsay and personal knowledge requirements; expungement of unauthorized filings; leave to appeal.
7 October 2024
Elias Banda v The People (HPBA/42/2024) [2024] ZMHC 360 (3 October 2024)
Whether bail should be reduced despite the applicant's prior elusiveness and significant flight risk.
  • Criminal procedure — Bail pending trial — Application to vary bail under s.126(3) — Factors: seriousness of offence, flight risk, prior elusiveness, fixed abode, medical needs — Variation refused; original cash bail upheld.
3 October 2024
J&J Transport Zambia Limited v Zambezi Manufacturing and Trading (2018/HP/2090) [2024] ZMHC 194 (3 October 2024)
Court refused to pierce the corporate veil under s175 because fraud was not specifically pleaded or proven.
  • Company law — Corporate veil — Section 175 Corporate Insolvency Act — Piercing corporate veil requires specific pleading and proof of fraudulent purpose; default judgment/execution difficulties and PACRA search insufficient; disclosure under Banking and Financial Services Act s111(2) denied where veil not pierced.
3 October 2024