Results.
546 judgments found.
|
|
|
| June 2022 |
|
|
Unregistered lease is void, but possession and accepted rent created a periodic tenancy permitting the plaintiffs' claims to continue.
-
Lands and Deeds Registry Act s4 & s6 — non-registration of a lease renders it void; unregistered lease enforceable inter partes only; possession plus payment and acceptance of rent creates periodic tenancy independent of void lease; Order 14A inappropriate where point of law will not finally dispose of action.
|
9 June 2022 |
|
Unregistered long lease is void; periodic tenancy arose, but claimant's application was procedurally defective and dismissed.
-
Lands & Deeds Registry Act — non-registration of a lease for >1 year renders it null and void; periodic tenancy may arise by possession and payment of rent; procedural requirements under Landlord and Tenant (Business Premises) Act — originating notice of motion limited to specified claims, statutory notice and notification requirements for new tenancy (s.5, s.10) and Rule 5 compliance; improper commencement deprives court of jurisdiction; application dismissed; costs to respondent; leave to appeal granted.
|
8 June 2022 |
|
Application to set aside arbitral award dismissed — no lack of notice, no proven excess of scope, no unlawful delegation to assistant arbitrator.
-
Arbitration Act s.17(2) — setting aside arbitral awards — notice of proceedings; scope of submission to arbitration; tribunal composition; Regulation 15 — assistants and delegation of decision‑making.
|
3 June 2022 |
| May 2022 |
|
|
Plaintiff awarded mesne profits due to defendant's holding over and unreasonable delay in completing required repairs.
-
Mesne profits; landlord–tenant; holding over after lease termination; requirement of deprivation of possession; delay in repairs as basis for damages; interest and costs; leave to appeal.
|
11 May 2022 |
|
Unregistered leases are void; a periodic tenancy arises by operation of law and a landlord may validly review rent with notice.
-
Land Law
-
—
Leases and Tenancies — Effect of non-registration under the Lands and Deeds Registry Act — Unregistered leases null and void
-
—
Tenancy — Periodic tenancy arising by operation of law from possession and payment/acceptance of rent
-
—
Rent Review and Remedies — Validity of rent increase with due notice and recovery of arrears
|
11 May 2022 |
| April 2022 |
|
|
A registered certificate of title is conclusive; a local authority cannot lawfully displace registered ownership by issuing occupancy licences.
-
Property law — Certificate of Title — Conclusive effect of certificate (Lands and Deeds Registry Act s.33) — Adverse possession barred after issuance of certificate (s.35) — Local authority’s occupancy licences and levies cannot override registered title — Improvement Area Declaration not retrospective.
|
27 April 2022 |
|
Court permitted re-opening to admit fresh documentary evidence after finding Ladd v Marshall criteria satisfied.
-
Civil procedure — Fresh evidence after close of case — Order III r2 High Court Rules; Order 38 r13 Rules of Supreme Court — Ladd v Marshall criteria applied — documentary evidence; self‑explanatory exhibits; prevention of prejudice to opposing parties.
|
11 April 2022 |
|
The applicant’s failure to promptly file a notice of appeal justified refusal to grant leave to appeal out of time.
-
Civil procedure — Appeal from Registrar — Order XXX, Rule 10(1) — seven‑day notice requirement — extension of time — promptness required — sitting on rights — prospects of success — failure to file grounds or submissions.
|
6 April 2022 |
|
Affidavit in reply filed without leave was expunged and land recovery claim dismissed as statute-barred under the Limitation Act.
-
Civil procedure — Affidavit in reply: generally requires leave; court discretionary to admit affidavits filed without leave where issues were unforeseeable
-
Limitation Act 1939 s4(3) — 12-year bar to actions for recovery of land; s26 exception for fraud/mistake delays accrual until discovery
-
Order 14A — preliminary point of law appropriate to dismiss plainly statute-barred land claims
|
1 April 2022 |
| March 2022 |
|
|
Court prioritised children's welfare over parental financial claims, granting interim split custody and ordering a social welfare report.
-
Family law — Child custody — Welfare of the child paramount — Financial capacity one factor among many — Interim split custody — Social Welfare assessment ordered.
|
31 March 2022 |
|
Notice of taxation filed before conclusion set aside where court did not order taxation forthwith.
-
Civil procedure — Taxation of costs — Order 62 Rule 8: costs not to be taxed until conclusion of cause unless court orders earlier — Order 62 Rule 29: three-month limit to commence taxation — notice of taxation filed prematurely set aside.
|
31 March 2022 |
|
Wrongful dismissal claim time-barred; malicious prosecution accrues at acquittal and remains actionable.
-
Civil procedure — Order 14A (disposal on point of law) — preliminary application after defence filed — Order 33 (preliminary issues) improperly invoked; Limitation law — Section 2(1) Limitation Act 1939 — six-year period for actions on simple contract — wrongful dismissal accrues on dismissal; Concurrent civil and criminal proceedings — do not automatically suspend civil limitation — stay may be sought; Tort — malicious prosecution accrues on termination in plaintiff's favour (acquittal).
|
31 March 2022 |
|
A donee must sue in the principal's name; suing in the donee's name is a substantive defect warranting striking out.
-
Power of attorney — capacity to sue — agent must sue in principal's name; striking out party — substantive lack of authority; discretionary leave to refile; procedural directions and costs.
|
30 March 2022 |
|
Whether a written contract of sale or a disguised loan determined ownership; court upheld respondents' title, dismissing applicant's fraud claim.
-
Property law — contract formation and written sale agreements — evidential weight of signed written contract; Pleading and proof of fraud — particularity required and high standard where alleged; Challenge to certificate of title for fraud; Vacant possession and mesne profits claims.
|
30 March 2022 |
|
A defendant must show an excusable default and a meritorious defence to set aside a default judgment.
-
Civil procedure — Default judgment — Setting aside ex parte judgment — Requires meritorious defence disclosing triable issues and an excusable explanation for default; stay of execution and committal not granted where defence is unconvincing and default inexcusable (Orders 12, 20, 35, High Court Rules).
|
30 March 2022 |
|
A conditional appearance without a defence cannot invoke Order 14A to displace the Arbitration Act's stay-and-refer regime.
-
Arbitration clause; Section 10 Arbitration Act 2000 — stay and referral to arbitration; Order 14A RSC — final determination; notice of intention to defend; conditional memorandum of appearance; jurisdiction.
|
30 March 2022 |
|
An undefended two‑year separation divorce with consent may be granted on affidavit and referred to mediation for custody and maintenance.
-
Family law — Divorce — Two years’ separation plus consent as ground for Decree Nisi (Matrimonial Causes Act 2007, ss.8, 9(1)(d)); Court may determine undefended divorce on affidavit under Order 30 Rule 6A (High Court Rules, as amended); Maintenance and custody referred to mediation under Order 31 Rule 4; Decree Nisi to become absolute after six weeks.
|
30 March 2022 |
|
Facebook libel claim failed for lack of proof of reputational harm; counterclaim for emotional distress also failed.
-
Defamation — libel on social media — publication admitted; plaintiff must prove reputational harm among right‑thinking members of society; mere hurt feelings insufficient. Defence of justification requires proof of truth but unnecessary if no defamatory effect proven
-
Counterclaim — emotional distress — requires medical evidence, proof of severity and causal link; failure to prove these defeats claim
|
30 March 2022 |
|
Landlord entitled to possession where tenants owe rent; purchase payments do not bar eviction under the Rent Act.
-
Rent Act — recovery of possession — requirement of rent lawfully due under s13 — unpaid rent as ground for eviction — distinction between tenancy and separate sale/purchase agreements — notice and opportunity to pay.
|
30 March 2022 |
|
Admission of prior conviction obviates section 142 proof; reformatory order quashed and substituted with probation, crediting pre-confirmation custody.
-
Juveniles Act — reformatory orders — confirmation by High Court; Criminal Procedure Code s.142 — proof of previous convictions and effect of admissions; credit for time spent on remand; parental neglect and suitability of reformatory orders; substitution with probation order.
|
29 March 2022 |
|
Undefended divorce based on five years' separation may be decided on affidavit evidence and gives rise to a Decree Nisi with ancillary matters referred to mediation.
-
Matrimonial Causes Act — undefended divorce — five years' separation plus consent — determination on affidavit evidence under Order 30 Rule 6A — referral of ancillary issues to mediation.
|
28 March 2022 |
|
Divorce granted for two years' separation with consent; ancillary issues referred to mediation; each party bears own costs.
-
Matrimonial Causes Act — two years' separation plus consent — undefended divorce on affidavit evidence; High Court Rules Order 30 Rule 6A — determination on documents; Section 41 — grant of Decree Nisi; referral of custody, maintenance and property issues to mediation under Order 31 Rule 4; costs — each party to bear own costs; consented Decree Nisi — no appeal.
|
28 March 2022 |
|
Unregistered Letters of Administration affecting land render administrators incompetent to sue; action dismissed.
-
Lands and Deeds Registry Act — registration of probate/Letters of Administration affecting land within 12 months — non‑registration voids capacity to sue regarding land — locus standi — preliminary issue — dismissal for incompetency.
|
25 March 2022 |
|
Whether a court can fix a time for payment by a statutory agency barred from enforcement by statute.
|
25 March 2022 |
|
Court joined the district council where its alleged role in re‑planning could affect the outcome of a land occupation dispute.
-
Civil procedure — Joinder of parties — Order 14 rule 5 High Court Rules — requirements for joinder: interest/likely to be affected; necessity for complete adjudication; nexus in affidavit/pleadings — local authority involvement in land re‑planning and legalization — avoiding multiplicity of actions.
|
25 March 2022 |
|
Local authority unlawfully seized market traders' goods and containers; restitution value to be assessed, damages claim dismissed.
-
Local government powers — Demolition and seizure of market structures — Requirement of notice under Market and Bus Station Act — Burden and standard of proof in civil claims for confiscation and special damages — Assessment of unproven monetary losses by Deputy Registrar.
|
15 March 2022 |
|
Plaintiff entitled to 1.0244 hectares; fraud and solicitor undertaking claims not proved; purchaser must release title for conveyance.
-
Land conveyancing — disputed subdivision extent — admissibility and weight of sketch plan — effect of subsequent purchaser’s contract on prior vendee — alleged solicitor undertakings and professional misconduct — high standard for proving fraud and breach of undertaking.
|
15 March 2022 |
|
A creditor-appointed receiver cannot validly act against a company in Business Rescue absent administrator consent or court leave; challenge dismissed.
-
Corporate Insolvency Act — Business Rescue moratorium — requirement of administrator's written consent or leave of court; Business Rescue v
-
Receivership — generally mutually exclusive; locus of creditor-appointed receiver during Business Rescue; High Court inherent jurisdiction to hear interlocutory applications
|
7 March 2022 |
| December 2021 |
|
|
An unwed father's prior denial of paternity and failure to assume parental duties bars inheritance absent legal recognition.
-
Intestate succession; putative/unwed father; parentage and legitimacy; requirement to demonstrate parental commitment or obtain declaration of parentage; biological link alone insufficient for inheritance.
|
29 December 2021 |
|
Court ordered preliminary issues under Order 14A be heard first to determine competence of application to discharge an injunction.
-
Civil procedure — Order 14A White Book — Preliminary issues — Notice of Motion to raise preliminary issues — Competence of application to discharge injunction — Interlocutory determination may dispose of an issue or claim.
|
14 December 2021 |
| October 2021 |
|
|
Charging order nisi granted and made absolute to enforce unpaid taxed costs against the plaintiff's registered properties.
-
Charging order nisi; Order 48 r6(d) HCR; enforcement of taxed costs; Order 50 r1(2) RSC/White Book procedure; execution against registered land; ex parte applications; making nisi absolute for non-attendance.
|
28 October 2021 |
|
A challenge to land re-entry after the 12-year limitation period is statute-barred, defeating any derivative title transfers.
-
Limitation of actions — Recovery of land — Limitation Act 1939 s.4(3) — 12-year bar — Challenge to re-entry — Order 14A and Order 33(7) application to determine legal issue — Derivative title fails where grantor's claim is statute-barred.
|
13 October 2021 |
| September 2021 |
|
|
Supplier proved delivery of stationery by LPOs/invoices; awarded K253,770 with interest and costs despite lack of registration.
-
Contract/Sale of Goods — Proof of delivery and payment — Sufficiency and authenticity of LPOs and invoices — Supplier registration — Procurement procedure irregularities — Quantum and interest against the State.
|
16 September 2021 |
| August 2021 |
|
|
Court refused to pierce the corporate veil or join post-judgment parties, dismissing applications for joinder and charging order.
-
Company law — Piercing corporate veil — Requirement of proof of intentional fraud or sham; Director's liability — Non-executive director not personally liable absent fraud; Civil procedure — Appeal from Deputy Registrar is rehearing de novo; Joinder post-judgment and charging order — impermissible without grounds to lift veil; Evidence — objection to scandalous affidavit paragraphs allowed.
|
31 August 2021 |
|
Plaintiff failed to prove driver or employer negligence, but insurer liable under a direct claim; damages to be assessed.
-
Road traffic accident; negligence—duty, breach, causation; evidential weight of police reports; need for expert evidence on excessive speed; vicarious liability; Section 90 Road Traffic Act—direct claim against insurer; assessment of damages; costs; leave to appeal.
|
29 August 2021 |
|
Whether unlicensed quarrying and blasting caused compensable damage to nearby properties.
-
Environmental law — Environmental Impact Assessment/Project Brief requirement for quarrying — mining licence identification — liability for damage from blasting — causation on balance of probabilities — injunction and compensation assessment.
|
3 August 2021 |
| July 2021 |
|
|
Stay of execution denied where appeal lacked prospects of success and sought merely to delay eviction.
-
Civil procedure — Stay of execution pending appeal — Appeal does not automatically stay execution — Requirement of prospects of success and risk of irreparable harm — Eviction order.
|
21 July 2021 |
|
Plaintiff failed to prove on balance of probabilities that defendant owed ZMW 19,200 for repairs or hire charges.
-
Motor-vehicle collision — defendant accepted responsibility and arranged some repairs — burden of proof in civil claims — requirement for expert/mechanic evidence to prove substandard repairs and quantify special damages — proof required for special loss and vehicle-hire claims.
|
9 July 2021 |
| June 2021 |
|
|
Court granted special leave to review and reopened trial to allow defendant's evidence via audiovisual technology, finding fresh evidence and no prejudice.
-
Judicial review (special leave) — fresh evidence — Chief Justice memorandum on application of High Court (Amendment) Rules; Civil procedure — Order XXXIX review test; Evidence — use of audiovisual technology; Adjournment discretion — pre-amendment law; Procedural default — prejudice required to deny relief.
|
30 June 2021 |
|
Applicant's review based on council minutes and receipts failed because documents were discoverable with due diligence.
-
Land law — review on fresh evidence — requirements: materiality, discovery since judgment, due diligence — public/council minutes and receipts — burden of proof — necessity of letters of offer for land allocation.
|
29 June 2021 |
|
A late application to call expert medical evidence after trial commencement was refused due to dilatoriness and prejudice to justice.
-
Civil procedure — Expert evidence — Order 38 Rules 36–37 — Leave required to adduce expert evidence; applications should ordinarily be made at summons for directions or before trial; late applications may be refused where they are dilatory or prejudicial — Costs and leave to appeal.
|
29 June 2021 |
|
Whether a prior lease binds a purchaser from a mortgagee in possession and entitlement to mesne profits for continued occupation.
-
Property law — Lease interpretation — Effect of sale by mortgagee in possession — Purchaser not bound by prior lease absent contractual succession; entitlement to mesne profits; pleadings requirement for statutory reliance.
|
28 June 2021 |
|
Government ban frustrated the contract; plaintiff entitled to an assessed refund, but damage claims dismissed.
-
Contract law — frustration by governmental ban on export; money had and received — acknowledgment of debt and evidential value; Law Reform (Frustrated Contracts) Act — recovery and allowance for expenses; damages — requirement of particularised proof; fraudulent misrepresentation — higher standard of proof.
|
21 June 2021 |
| May 2021 |
|
|
Operator compliance with emission limits does not bar nuisance liability; strict statutory liability can apply, but medical causation must be proved for personal injury.
-
Environmental law; private nuisance; fugitive dust emissions from cement plant; statutory emission limits not an absolute defence; strict liability under Mines and Minerals Development Act s.87(1); damages for inconvenience but no proven personal injury.
|
30 May 2021 |
|
A post-trial preliminary-issues application is incompetent; leave to file supplementary PACRA documents also refused.
-
Civil procedure — Preliminary issues — Order 14A RSC — must be filed before trial; Order 3 Rule 2 HCR — interlocutory relief only; Jurisdiction — challenge to re-entry under s.13 Lands Act — forum considerations; Evidence — leave to file supplementary documents — relevance and probative value; Practice Direction No.1/2002 — citation requirement does not confer jurisdiction.
|
24 May 2021 |
|
Extension of time to appeal denied where reasons were unsatisfactory and the applicant misled the court.
-
Civil procedure — extension of time to file notice of appeal — factors to consider: length of delay, reasons for delay, prospects of success, prejudice — applicant’s credibility and misleading the court — High Court Rules Order III r.2; Court of Appeal Act s.25.
|
21 May 2021 |
|
An erroneous survey diagram requires rectification and issuance of an amended Certificate of Title, not a varied duplicate.
-
Lands and Deeds Registry Act s.56(2) — duplicate Certificate must be exact copy; Land Survey Act ss.17–18 — rectification/ amended Certificate of Title where survey diagram erroneous; remedy vs. duplicate; consolidation of rectification issue in the same proceedings.
|
19 May 2021 |
|
Consent order not set aside: plaintiffs failed to plead/prove fraud or misrepresentation and their consequent claims fail.
-
Civil procedure — Consent order — Application to set aside for fraud or misrepresentation — Particularity in pleading fraud — Burden of proof — Interpretation of consent order terms (preferred price versus market price) — Counter-claim not prosecuted.
|
14 May 2021 |
|
Application to re-open trial dismissed; late private emails insufficient to justify re-opening.
-
Civil procedure — Re-opening reserved trial; inherent jurisdiction — Application must show why witness not earlier called, nature and materiality of evidence, and lack of prejudice — Late private emails from a non-party insufficient.
|
14 May 2021 |
| April 2021 |
|
|
Seller proved delivery and entitlement to payment; non‑acceptance by buyer warranted only nominal damages absent proof of loss.
-
Contract for sale of goods — proof of delivery; non‑acceptance of goods — breach of contract; measure of damages for non‑acceptance (contract price less market price) — failure to prove loss results in nominal damages; plaintiff’s burden of proof despite defendant’s absence; Sale of Goods Act ss.27–28.
|
28 April 2021 |