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Principal Registry Lusaka - 2025 November

15 judgments
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15 judgments
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Judgment date
November 2025
Stevan Vincent Varnell v Thandiwe Kambuzi (2025/HP/1382) [2025] ZMHC 249 (26 November 2025)
Interim attachment dismissed for failure to show intent and prior request for security; interlocutory injunction granted preserving vehicles.
Civil procedure – interim attachment under Order XXVI Rule 1 – applicant must show defendant about to dispose assets with intent to obstruct execution and must first call on defendant to furnish security; Interlocutory injunction under Order XXVII Rule 1 – test: serious question to be tried, irreparable harm, balance of convenience, clean hands; Use of RTSA vehicle registration records as lawful evidence; Preservation of assets by Sheriff pending trial
 26 November 2025
Thabani Walima v Sibeso Ingombe and Anor (2023/HP/1292) [2025] ZMHC 109 (25 November 2025)
Application to stay execution of writ of elegit dismissed for lack of arguable defence, inadequate explanation and unreasonable delay.
Civil procedure – Stay of execution – Writ of elegit – Default judgment – Setting aside default judgment requires arguable defence and explanation for default – Service of process and unreasonable delay – discretionary relief.
 25 November 2025
Dominic Shingalwe and Ors v The Attorney General (2024/HP/0635) [2025] ZMHC 104 (17 November 2025)
Detention upheld as justified by reasonable and probable cause; malicious prosecution claim misdirected against Attorney-General, losses unproven.
False imprisonment – reasonable and probable cause – complainant report and medical report as justification; Malicious prosecution – proper defendant under National Prosecution Authority Act; Requirement to plead and prove special damages; Exemplary/aggravated damages – need for contumelious conduct.
 17 November 2025
Efthimios Vangelatos (suing as Administrator and personal representative of the estate of the late Demetre Vangelatos) v Ng'andu and Ors (2021/HP/ 1289) [2025] ZMHC 106 (17 November 2025)
A titleholder cannot remove occupants from a gazetted road reserve controlled by the Road Development Agency; only occupants on the titled farm outside the reserve must vacate.
Public Roads Act – road reserve (trunk road) – prohibition on permanent structures; Road Development Agency control and removal powers; locus standi of titleholder limited where land forms part of public road reserve; trespass and relief where occupants are outside road reserve; Environmental Management Act not pleaded.
 17 November 2025
Loveness Mayaka v Rodger Lufunda and Another (Jl 2023/HP/560) [2025] ZMHC 251 (14 November 2025)
The applicant granted specific performance and a partial refund after respondents failed to facilitate subdivision numbering.
Contract law – Sale of land – Specific performance – Vendor’s obligation to pay subdivision/registration fees – Subdivision/numbering delay at Ministry of Lands – Refund of expenses paid by purchaser – Damages for distress in commercial contracts not recoverable absent special object or oppressive conduct
 14 November 2025
Lungowe Matakala v Builders Village Limited (2024/HP/0181) [2025] ZMHC 123 (13 November 2025)
The plaintiff succeeds: defendant breached contract by delivering a leaking roof causing damage; untested expert report inadmissible.
Contract law — breach of contract for defective building works; standard of workmanship; admissibility and disclosure of expert evidence; proof of special damages (alternative accommodation); registration/qualification of contractor not determinative of contractual liability.
 13 November 2025
Reuben Kabala v Gustav Buleti (2025/HP/0092) [2025] ZMHC 236 (13 November 2025)
Whether absence or deficient demand letter renders plaintiff's writ incompetent; court held omission non-fatal given demand and admission.
Civil procedure — Order 6(1)(d) High Court Rules — requirement to attach letter of demand to writ of summons — mandatory language ('shall') — curability of breach — Order 33(3)/Order 14A preliminary determination — sufficiency of demand correspondence and admission of debt.
 13 November 2025
Reuben Kabala v Gustave Buleti (Sued in capacity as the Administrator of the Late Happiness Emmanuella Buleti) (2025/HP/0092) [2025] ZMHC 101 (13 November 2025)
A demand letter is mandatory with a writ but omissions are not fatal where the defendant knew and admitted the debt.
High Court Rules Order 6(1)(d) — requirement to attach letter of demand to writ of summons — mandatory but some breaches curable; Order 33/Order 14A preliminary point of law; demand letter sufficiency and acknowledgment of debt.
 13 November 2025
Zamchick Limited v First Principles Farms Limited (2023/HP/1966) [2025] ZMHC 250 (13 November 2025)
The applicant's claim failed because the respondent did not ratify the pre‑incorporation contract by ordinary resolution.
Companies Act s.20 – pre‑incorporation contracts – ratification by ordinary resolution within fifteen months – separate legal personality – implied ratification insufficient without evidence – apportionment of liability under s.20(4) not sought/established
 13 November 2025
Mbonyiwe Banda (Suing as Administratrix of the estate of Ernest John Rabson) v Persons Unknown (2025/HP/1122) [2025] ZMHC 98 (12 November 2025)
Applicant granted summary possession based on conclusive certificate of title; adverse possession barred once title issued.
Property law – summary possession – Order 113 Rule 1 White Book; Certificate of title – Section 33 Lands and Deeds Registry Act – conclusive evidence of ownership; Adverse possession – Section 35 – barred where certificate of title issued; Squatters – occupation without licence or consent; Relief – ejectment and costs.
 12 November 2025
Anastasia Chefu Kapasa and Another v Likonge Banda (2025/HPF/526) [2025] ZMHC 241 (7 November 2025)
The court appointed the applicant guardian of the minor's estate despite a surviving parent, ordering co-trusteeship and compulsory accounting.
Children's Code Act (ss.158-159) – Guardianship of estate distinct from guardianship of person; Intestate Succession Act (s.32) and s.19(1)(d) – duty to account; parens patriae jurisdiction; appointment of guardian of estate despite surviving parent; minors' trust account; co-trusteeship; compelled verified account; protective directions to prevent dissipation
 7 November 2025
J. Z. Morrison (Export) Limited v Chita Chibesakunda and Anor (2024/HP/ 1645) [2025] ZMHC 100 (7 November 2025)
Court granted a vesting order under section 14 and ordered the Deputy Registrar to execute transfer documents for non-compliant respondents.
High Court Act s.14 – Vesting order; nomination of person to execute conveyance where party neglects or refuses to comply with judgment; Deputy Registrar authorized to sign State Consent and Deed of Assignment; failure to complete transfer after appellate judgment.
 7 November 2025
Hatuma Chimuka T/A Hatuchi Ch Enterprises v Mapepi Bible College Registered Trustees (2018/HP /1975) [2025] ZMHC 102 (5 November 2025)
Insufficient pleading and evidence of fraud: application to pierce corporate veil dismissed, leave to appeal granted.
Corporate veil — Piercing corporate personality — Section 175(1) Corporate Insolvency Act — Fraudulent trading — Particulars of fraud required — Dishonoured cheques insufficient to establish concealment or evasion — Alternative enforcement remedies.
 5 November 2025
Pone Musuku v AB Bank Zambia Ltd (2022/HP/1296) [2025] ZMHC 95 (5 November 2025)
Whether a secured creditor may seize inventory without a court order where borrower contractually consented and recovery limited by banking law.
Secured transactions — Collateral and inventory — Contractual consent to seizure without court order — Pleading requirements — Conversion/unjust enrichment claims — Non-performing loan: recoverable amounts and statutory cap under Banking and Financial Services Act s.110 — Movable Property (Security Interest) Act enforcement notice considered but contractual consent effective.
 5 November 2025
William Franklin and Others v Livestock Services Co-operative Society (2025/HP/0997) [2025] ZMHC 246 (5 November 2025)
Ex-parte injunction restraining a cooperative society's AGM discharged; member entitled to inspect records under the Act and by-laws.
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 5 November 2025