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Supreme Court of Zambia - 1994 February

3 judgments
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3 judgments
February 1994
Banda v Parekh (52 of 1993) [1994] ZMSC 158 (18 February 1994)
Wrongly headed eviction summons treated as High Court summons; tenant raised no defence; possession granted and arrears at agreed rent with bank-rate interest.
  • Landlord and tenant — Eviction — Statutory notice to quit — Procedure — Misheading of summons under Landlord and Tenant Act treated as summons under Order XIII of High Court Rules — No prejudice to defendant — Multiplicity of actions and pending compensation claim not a defence to possession — Rent arrears calculated at agreed rent — Interest at bank rate.
18 February 1994
Attorney General & Another v Lewanika & Others (S.C.Z. Judgment 2 of 1994) [1994] ZMSC 3 (9 February 1994)
Court read words into Article 71(2)(c) to prevent discrimination and held MPs who resigned their sponsoring party vacated their seats.
  • Constitutional law — Article 71(2)(c) — vacancy of parliamentary seat on change of party status — literal versus purposive interpretation — court may read words into provision to cure discrimination — inadmissibility/insufficiency of videotape evidence to prove party membership
9 February 1994
Katyoka v Jabi (Appeal 51 of 1993) [1994] ZMSC 162 (8 February 1994)
Notice of discontinuance served before the hearing date is valid, but the appeal was dismissed to allow trial of both claim and counter-claim.
  • Civil procedure — discontinuance — meaning of 'date fixed for hearing' under Order 17, Laws of Zambia — validity of notice of discontinuance filed and served before hearing date — leave of court — doctrine of fair play and avoidance of multiplicity of proceedings — trial of claim and counter-claim — costs in the cause.
8 February 1994