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Supreme Court of Zambia - 2001 October

2 judgments
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2 judgments
October 2001
Attorney General and Ors v Kaaya (SCZ Appeal 132 of 1999) [2001] ZMSC 137 (19 October 2001)
Appeal allowed due to failure to join/serve a defendant and failure to address pleaded fraud affecting title; retrial ordered.
  • Civil procedure — parties and service — natural justice — failure to join or serve a defendant — fraud affecting title — trial judge’s failure to consider pleaded issues — retrial ordered.
19 October 2001
Nizar Distributors Ltd v Premium Oil Industries Ltd (In Receivership) (Appeal 93 of 2000) [2001] ZMSC 150 (19 October 2001)
Change of counsel and hearsay objections did not excuse delay; commission clause did not grant rights to other distributors' sales.
  • Contract law — distribution agreement; interpretation of commission clause — exclusivity vs. non-exclusive distributor; civil procedure — refusal of adjournment for late change of counsel; amendment of pleadings; admissibility of company-record-based evidence from a receiver/representative (not hearsay).
19 October 2001