Principal Registry Lusaka - 2024 August

4 judgments
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Results. 4 judgments found.

4 judgments
August 2024
Interim injunction granted restraining the respondent from evicting the applicant and interfering with crops where damages are inadequate.
  • Interim injunction — interlocutory relief — American Cyanamid test — serious question to be tried — adequacy of damages for loss of land/house — balance of convenience — farm tenancy and statutory notice requirements under Landlord and Tenant (Business Premises) Act.
29 August 2024
Court dismissed consolidation application due to different solicitors, differing claims and prejudice from ongoing criminal proceedings.
  • Civil procedure — Consolidation of actions under Order III Rule 5 and Order 4 Rule 9 — Discretionary remedy; common questions of law/fact; prejudice and embarrassment at trial; different solicitors; ongoing related criminal proceedings.
20 August 2024
Divorce granted on two years' separation plus consent; ordered joint custody, child maintenance and transfer of vehicle.
  • Matrimonial Causes Act — irretrievable breakdown — two years' separation with consent; Special Procedure — determination on affidavit evidence under Order 30 Rule 6A; custody and child maintenance; property settlement by vehicle transfer; Decree Nisi to become absolute.
8 August 2024
Unsigned contract enforceability and expatriate gratuity entitlement are factual issues unsuitable for summary determination.
  • Contract law — unsigned/draft agreements — incorporation by intention and performance; Employment law — statutory gratuity and expatriate exemption; Preliminary issues — Order 14A and Order 33 — suitability for summary determination.
5 August 2024