Results.
22 judgments found.
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| April 2024 |
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Children's best interests override customary claims; custody and family property adjusted between the appellant and respondent.
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Family law — Custody: best interests of the child paramount; customary rules denying maternal custody repugnant to Constitution. Property adjustment — family assets include assets acquired during marriage despite sole title; presumption of exclusive ownership rebuttable by contribution and intention; non‑financial contributions recognized. Lobola transfers and animals: effect on distributable assets; appellate admission of fresh evidence permits de novo factual findings
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30 April 2024 |
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An oral seasonal financing agreement was enforceable; the respondent owes US$26,568.06; counterclaim dismissed for unproven loss.
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Contract law — oral seasonal agricultural financing and supply of inputs — existence proven by conduct and documents; debt fixed as US$26,568.06; counterclaim for breach and damages dismissed for unproven loss and respondent’s breach; interest at Bank of Zambia lending rate and costs awarded.
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25 April 2024 |
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An injunction cannot survive dismissal of the underlying proceedings; the applicant’s review of its discharge was dismissed.
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Civil procedure — review of interlocutory order — interim injunction — effect of dismissal for want of prosecution — Order 39 r.2 (time limits and court discretion) — Order 14A preliminary issue procedure.
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25 April 2024 |
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Appeal dismissed: subordinate court properly heard matter de novo; appellant failed to prove land ownership.
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Civil appeal — Local Court to Subordinate Court heard de novo; trial judge not bound by Local Court findings; submissions not mandatory; contract of sale not conclusive proof of title; burden of proof on claimant.
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25 April 2024 |
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A purchaser who pays and shows documents may be declared beneficial owner pending title, but trespass damages require proof of loss.
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Land law — purchase without certificate of title — declaration of beneficial/legal ownership; Lands and Deeds Registry Act s.33 — title conclusive; Trespass — damages require proof of actual injury; Default judgment — plaintiff must prove case on balance of probabilities.
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25 April 2024 |
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Court ordered removal of a caveat after the respondent failed to show cause following substituted service.
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Lands and Deeds Registry Act — caveat removal — burden on caveator to show cause under section 81 — substituted service by advertisement — failure to appear entitles removal.
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23 April 2024 |
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High Court lacks jurisdiction to hear judicial review of matters reserved to the Industrial Relations Division under the Industrial and Labour Relations Act.
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Industrial relations — Jurisdiction — Industrial and Labour Relations Act s85 — exclusive jurisdiction of Industrial Relations Division — Order 53 RSC default rule — judicial review improper where statute prescribes forum — abuse of process.
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23 April 2024 |
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An application for leave to sue a company in liquidation must be commenced by originating summons, not by ex‑parte summons.
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Corporate insolvency — Section 66 — leave to proceed against company in liquidation; Procedure — where statute silent, follow Order 5 Rule 3 (White Book) — originating summons required; Ex‑parte summons — improper to found originating action; High Court practice — procedural compliance.
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22 April 2024 |
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The High Court dismissed the action for lack of jurisdiction over occupancy-licence land disputes under the Urban and Regional Planning Act.
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Jurisdiction — Urban and Regional Planning Act — disputes concerning occupancy licences fall within Subordinate Court jurisdiction; preliminary objections — jurisdictional illegality overrides merits; dismissal for want of jurisdiction; leave to appeal.
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22 April 2024 |
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Respondent’s Order 14A motion dismissed; tribunal must provide documents and appellant must prepare and file the record of appeal.
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Appeals — Requirement to file record of appeal — Rule 5 High Court (Appeals) (General) Rules 1984 — Tribunal’s duty to avail documents in its exclusive possession — Order 14A RSC — pre-conditions for determination of points of law — application by/against the State.
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22 April 2024 |
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Delay and adequacy of damages defeat interim injunction to restrain blocking of a service lane.
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Interim injunctions — American Cyanamid test — serious question to be tried; adequacy of damages; irreparable injury; balance of convenience; delay in seeking equitable relief; contested re-planning/allocation of service lane by planning authority.
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22 April 2024 |
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Court cured a pleading irregularity by permitting an amended defence to stand rather than striking it out.
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Civil procedure — striking out pleadings — irregular or abusive pleadings — curable irregularity — amendment of defence — Order 18 Rule 19 (RSC) — Court's power under Order 3 Rule 2 to cure defects — affidavit formalities (Order 5 Rule 20; Commissioners for Oaths Act).
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22 April 2024 |
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Leave to issue a writ of possession granted where a consent judgment awarded possession and the defendant had notice but defaulted.
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Civil procedure — enforcement of possession — Order 45 r.3 (White Book) — leave required to issue writ of possession — consent judgment confers entitlement — requirement of sufficient notice to persons in possession.
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22 April 2024 |
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Oral sale upheld; defendant liable for unpaid purchase balance and refund of third‑party payments.
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Contract law — sale of goods (oral contract) — burden of proof on alleged payments — admissibility and weight of forensic handwriting evidence — recovery of monies paid to third party — interest and costs.
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19 April 2024 |
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Court refused consolidation of three land-related actions but ordered two matters to be tried together and granted leave to appeal.
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Civil procedure — consolidation of actions — Order III r5 High Court Rules; Order 4 r9 RSC — common questions of law or fact; consolidation vs trial together; separate representation and modes of commencement; costs; leave to appeal.
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19 April 2024 |
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Judicial review was inappropriate where the Act prescribed an appeal route, even if the appeals tribunal was non-operational.
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Administrative law — Judicial review vs statutory appeal — Mines and Minerals Development Act — Appeal to Mining Appeals Tribunal — Non-operational tribunal does not permit bypassing statutory appeal — Mode of commencement — Jurisdiction.
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17 April 2024 |
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Application to set aside default judgment dismissed for misleading denial of notice, lack of satisfactory explanation and no real prospect of success.
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Civil procedure — setting aside default judgment (Order 35 r.5) and stay of execution (Order 36 r.10) — requirement of satisfactory explanation for default, absence of misleading denial of service, and defence with real prospects of success — undue delay and prejudice to successful litigant.
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16 April 2024 |
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Decree nisi granted for divorce after two years' continuous separation with respondent's consent; petitioner awarded custody.
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Family law — Matrimonial Causes Act — Divorce on ground of two years' continuous separation — Respondent's consent — Decree nisi — Custody of children — Special procedure list.
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15 April 2024 |
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Court imposed 36 months’ imprisonment on a child offender for aggravated robbery, sparing the minimum mandatory sentence due to juvenile status.
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Children's Code Act — sentencing of child offenders — custodial sentence as last resort — balancing child's best interests and public interest — aggravated robbery — discretion to spare minimum mandatory sentence where offender was a child.
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15 April 2024 |
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Proceedings commenced during Christmas vacation without court leave are jurisdictionally defective and dismissed with costs.
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Civil procedure — Vacation filing — Order 2 Rule 4 High Court Rules — Mandatory leave required to file summons during Christmas vacation — Failure to obtain leave renders proceedings jurisdictionally defective and liable to dismissal.
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8 April 2024 |
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Court held the registered transfer void for fraud: the document was a disguised loan, enabling cancellation of title and return of possession.
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Property law — sale v. loan — characterization of written agreement; Misrepresentation/fraud — challenge to registered title; Lands and Deeds Registry Act ss.33–34 — fraud exception to conclusive certificate of title; Bona fide purchaser and transfer validity; Money Lenders Act — inapplicability where no lender’s certificate produced.
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4 April 2024 |
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Leave granted to issue writ of possession; demolition relief refused where not previously sought or ordered.
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Civil procedure — Enforcement of possession orders — Order 45 r.3 RSC — Leave required to issue writ of possession — Notice to persons in actual possession — Demolition not a remedy under Order 45 where not previously prayed or ordered.
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4 April 2024 |