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Principal Registry Lusaka - 2025 August

7 judgments
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7 judgments
Citation
Judgment date
August 2025
Esther Phiri v Gavi Beverages Limited (2025/HP/0679) [2025] ZMHC 216 (27 August 2025)
Proceedings against a company in provisional liquidation commenced without leave were set aside for irregularity; costs awarded.
Corporate insolvency – s.66 Corporate Insolvency Act – mandatory leave required to commence proceedings against a company in liquidation – irregularity and setting aside; stay pending leave; constructive notice via documents copied to provisional liquidator; affidavit extraneous matter and expunction (Order 5 r.15).
 27 August 2025
Moono v Amatheon Agri Zambia Limited (Rl 2024/HP/0220) [2025] ZMHC 195 (27 August 2025)
A beneficiary lacks locus standi to sue third parties over estate property without joining the estate's administrator.
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 27 August 2025
Thelma Chimuka Siachembele v Mika Meats Limited (2025/HP/0250) [2025] ZMHC 212 (27 August 2025)
A misnaming in the memorandum is curable by amendment, but speculative defences lacking factual basis must be amended or struck out.
Civil procedure — pleadings — Memorandum of Appearance misnaming — irregularity curable by amendment; Pleadings must state material facts — speculative denials ("could have been", "could have contributed") are defective and must plead factual basis or be struck out.
 27 August 2025
Watson Banda and Maidren Hoare v The People (HPBA/35/2025) [2025] ZMHC 240 (27 August 2025)
27 August 2025
Nelson Phiri & 10 Ors v Power Tools Logistics Limited and Anor (COMP/IRCLK/649/2021) [2025] ZMHC 126 (26 August 2025)
Employment found to commence 1 Jan 2019; dismissals procedurally unfair; awards include one month's salary and prorated 25% gratuity.
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 26 August 2025
Oryx Oil Zambia Limited v Refuel Petroleum Corporation Limited (2024/HP/1359) [2025] ZMHC 200 (19 August 2025)
Failure to file the mandatory letter of demand under Order VI rendered the originating process incompetent and warranted dismissal.
High Court Rules (Order VI r1(d)) – mandatory letter of demand – non-compliance renders writ incompetent; Civil procedure – preliminary issues under Order 14A/Order 33; Jurisdiction/irregularity – substance over form; Res judicata/abuse of process (not determined).
 19 August 2025
Kennedy Bwalya Mpamba and Ors v The Attorney General (2022/HP/1833) [2025] ZMHC 62 (18 August 2025)
Delayed pension payments breached Article 189; Defendant must re-compute and pay differences, arrears, allowances and interest.
Constitutional law – Article 189 – prompt payment of pension benefits and retention on payroll; Public service – Circular B25/2013 – notching/harmonisation, job evaluation and re-grading; Remedies – re-computation of pension lump sums, payment of arrears and interest; unjust enrichment – refusal to reinstate on payroll where arrears awarded.
 18 August 2025