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Principal Registry Lusaka - 2024 July

7 judgments
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7 judgments
July 2024
Zambia National Building Society v News Diggers Limited (2022/HP/1514) [2024] ZMHC 135 (26 July 2024)
A government‑owned statutory entity cannot maintain a defamation action because it would unduly restrict public criticism.
  • Defamation law — Government‑owned/controlled entities — Right to sue — Public policy and freedom of expression — Order 14A summary determination — Locus standi where imputations alleged against officers rather than corporate entity.
26 July 2024
Brian Mundubile and Ors v Miles Sampa (2024/HP/0993) [2024] ZMHC 134 (25 July 2024)
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.
25 July 2024
Chileshe and Others v Zesco Limited (2024/HP/0180) [2024] ZMHC 340 (24 July 2024)
Court expunged employment claims barred by section 52(6) but retained non‑time‑barred contractual claims and allowed amendment.
  • Civil procedure — Order 14A preliminary determination; Employment law — jurisdiction of Industrial Relations Court vs High Court; Employment Code Act s.52(6) — 30‑day limitation for termination complaints; Expungement of time‑barred employment claims; Leave to amend pleadings.
24 July 2024
Chileshe and Others v Zesco Limited (2024/HP/0180) [2024] ZMHC 341 (24 July 2024)
Claims governed by Section 52(1)–(5) filed beyond the 30‑day limit were expunged; other non‑Section 52 claims may proceed.
  • Employment law — Jurisdiction: Industrial Relations Court vs High Court General List; Section 52(6) Employment Code Act — 30‑day limitation for termination complaints; Validity of discontinuance — multiplicity of actions; Expungement of time‑barred claims; Leave to amend originating process.
24 July 2024
Mpamfya Sampa v Lontia Sakala (2024/HPF/D416) [2024] ZMHC 275 (24 July 2024)
Court granted decree nisi for irretrievable breakdown on two years' separation and consent, referring custody and property to mediation.
  • Matrimonial Causes Act (ss.8, 9(1)(d), 41) — Irretrievable breakdown — Two years' separation plus consent — Decree Nisi — Special Procedure/Order 30 Rule 6A (determination on documents) — Referral of custody and property to mediation (Order 30 Rule 4) — Costs each party.
24 July 2024
Cosmas Mulenga v Bright Jangazya (2023/HP/1638) [2024] ZMHC 137 (10 July 2024)
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.
10 July 2024
Da-Cheng Wood Processing Company Limited v Pereka Nyirenda (Sued as Administratrix of the estate of the late Patricia Ruth Myepa) (2022/HP/1791) [2024] ZMHC 370 (4 July 2024)
An uncertified electronic bank statement is inadmissible; a timely trial objection may lead to expungement.
  • Evidence — Electronic evidence and data messages — Admissibility and certification under the Electronic Communications and Transactions Act s9(4); Bankers' books — proof and certification under Evidence (Bankers' Books) Act; Civil procedure — discovery/inspection and timeliness of objections to documentary evidence (Order 5 r21; Order 19).
4 July 2024