Supreme Court of Zambia - 2006 November

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November 2006
Kalyoto Muhalyo Paluku (Male) v Grannys Bakery Limited and Ors (SCZ 29 of 2006) [2006] ZMSC 18 (22 November 2006) A non‑Zambian entry‑permit holder who is not an 'established resident' cannot own land personally without Presidential written consent. Land law — Non‑Zambians and land ownership — Interpretation of s.3(3) Lands Act read with Immigration and Deportation Act definitions of 'established'/'permanent' resident — requirement of President's written consent where non‑established resident seeks to hold land; Civil procedure — preliminary issues going to capacity — summary determination appropriate; Consent orders — irregularity where entered in absence of interested party and not endorsed as 'by consent' under Order 42 Rule 5A.	22 November 2006

November 2006

A non‑Zambian entry‑permit holder who is not an 'established resident' cannot own land personally without Presidential written consent.

Land law — Non‑Zambians and land ownership — Interpretation of s.3(3) Lands Act read with Immigration and Deportation Act definitions of 'established'/'permanent' resident — requirement of President's written consent where non‑established resident seeks to hold land; Civil procedure — preliminary issues going to capacity — summary determination appropriate; Consent orders — irregularity where entered in absence of interested party and not endorsed as 'by consent' under Order 42 Rule 5A.

22 November 2006

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