Principal Registry Lusaka - 2025 October

4 judgments

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4 judgments
Citation
Judgment date
October 2025
Informal pre-allocation agreements void; registered title protects purchaser; occupants must vacate and mesne profits accrue to purchaser.
Land law — Government pool houses — council recommendation vs formal allocation — allocation slip required; Certificate of title conclusive absent fraud; informal pre-allocation agreement lacking consideration void; bona fide purchaser for value without notice protected; occupier improvements at own risk; eviction and mesne profits.
22 October 2025
Defendant not entitled to specific performance; caveat removed and modest payments refunded with interest.
Property law – sale of land – Letter of Sale satisfying Statute of Frauds; Specific performance – equitable discretionary remedy – substantial performance required; Caveat – enforceable interest required to justify lodgement; Proof of damages – claimant must quantify loss.
17 October 2025
Leave granted to issue a writ of possession to enforce a consent judgment; notice requirement satisfied and COVID‑19 hardship insufficient to bar enforcement.
Civil procedure – possession – Enforcement of consent judgment by writ of possession – Order 45 Rule 3 (White Book 1999) – Requirement of notice to person in possession – COVID‑19 hardship not automatically bar to enforcement.
10 October 2025
Failure to serve the required letter of demand on every defendant renders commenced proceedings irregular and subject to dismissal.
Civil procedure — commencement of action — Order VI(1)(1)(d) High Court (Amendment) Rules 2020 — requirement to serve letter of demand on each defendant — failure fundamental and fatal — action struck out; leave to appeal granted.
1 October 2025