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Principal Registry Lusaka - 2025 October

4 judgments
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4 judgments
October 2025
George Mumba and Anor v Lawrence Malundu and Anor (2021/HP/0497) [2025] ZMHC 103 (22 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
Mnonoki Msebenzi and Anor v Sara Ngwenya (2022/HP/0179) [2025] ZMHC 97 (17 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
NATIONAL PENSIONS AUTHORITY v PHIRI (2022/HP/0367) [2025] ZMHC 96 (10 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
Samuel Zulu and Another v Severino Ogik and Others (2024/HP/1333) [2025] ZMHC 234 (1 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