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Principal Registry Lusaka - 2025 July

6 judgments
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6 judgments
Citation
Judgment date
July 2025
Sepiso Kamuwanga Sikaonga v Andrew Njavwa Sikaonga (2024/HPF/D.133) [2025] ZMHC 225 (25 July 2025)
The applicant proved irretrievable breakdown under Section 9(1)(b) due to the respondent's conduct, and a Decree Nisi was granted.
Divorce — irretrievable breakdown — Section 9(1)(b) behaviour; evidence by text messages; undisclosed property acquisitions; false DV application declaration; burden on petitioner — balance of probabilities; ancillary reliefs referred to mediation.
 25 July 2025
Nathan Sinkala and 119 Ors v Charles Chanda (2022/HP/0927) [2025] ZMHC 56 (24 July 2025)
Court granted a receiving order where the respondent failed to comply with a bankruptcy notice and statutory prerequisites were met.
Bankruptcy law – Creditor's petition – Receiving order – Final unsatisfied judgment – Service and substituted service – Act of bankruptcy (s.3(1)(g)) – Failure to comply with bankruptcy notice – Court may proceed in respondent's absence.
 24 July 2025
Mjumi James Banda v ZDA Henan Gouji Development Company Limited (2024/HP/A046) [2025] ZMHC 52 (23 July 2025)
Appellant’s claim for conveyancing fees dismissed because non‑solicitor carried out mandated conveyancing acts, rendering the contract illegal.
Contract law — Illegality — Section 90 Lands and Deeds Registry Act — Unauthorized person performing conveyancing for reward; Agency law — entitlement to remuneration; Subordinate Court summary procedure — court's duty to address illegality.
 23 July 2025
MG Commodities Zambia Limited and Anor v Bluecrest Resources AG Pty and 3 Ors (2024/HP/0341) [2025] ZMHC 70 (22 July 2025)
Court confirmed Mareva injunction extended to third‑party assets (Chabra jurisdiction) subject to plaintiffs' undertaking as to damages.
Civil procedure – Mareva (freezing) injunction; requirements: good arguable case, assets in jurisdiction, real risk of dissipation; extension to third-party assets (Chabra jurisdiction); undertaking as to damages; interlocutory relief.
 22 July 2025
Samson Musenge and Philimon Daka v the People (HPA/39/2024) [2025] ZMHC 50 (14 July 2025)
Convictions for possession of a pangolin were quashed where prosecution failed to prove knowledge, possession, or the alleged phone call.
Wildlife law – unlawful possession of protected animal (pangolin) – possession requires knowledge and control (Penal Code s.4) – burden on prosecution – failure to produce phone/provider evidence by police – dereliction of duty – appellate reversal of trial facts where relevant police evidence withheld.
 14 July 2025
Yaolin Shen (Suing in his capacity as Secretary General of the Chinese Chamber of Commerce in Zambia) v News Diggers Media Zambia (2025/HP/0722) [2025] ZMHC 68 (14 July 2025)
Interim restraint refused where defendant intends to plead justification and applicant failed to identify specific defamatory words or persons.
Civil procedure — interlocutory injunction — prior restraint on publication — defamation — requirement to identify specific words and persons — defence of justification/fair comment — public interest in free speech.
 14 July 2025