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Supreme Court of Zambia - 2006 December

3 judgments
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3 judgments
December 2006
Barclays Bank Zambia PLC v Zambia Spinners Ltd (SCZ 8 245 of 2004) [2006] ZMSC 13 (15 December 2006)
A single judge of the Supreme Court has no jurisdiction to grant injunctions or protective orders pending appeal.
  • Civil procedure — interlocutory relief — jurisdiction of a single judge of the Supreme Court to grant injunctions or protection orders pending appeal — protective orders equated with injunctions — later Supreme Court precedent governs over earlier conflicting decisions.
15 December 2006
John Mumba and Ors v Zambia Red Cross Society (SCZ 31 of 2006) [2006] ZMSC 14 (15 December 2006)
Interlocutory valuation and purchase directives improperly pre-determined trial merits; stay and review applications were unfounded; appeal dismissed.
  • Civil procedure — interlocutory injunction — dissolution of ex-parte injunction — stay of execution — limits of stays when no enforceable order exists; Review under Order 39 r 1 — discretionary relief and fresh evidence requirements; Improper pre-determination of merits by interlocutory directives — valuation and purchase timetable set aside.
15 December 2006
Bank of Zambia v Nyambe (SCZ 30 of 2006) [2006] ZMSC 16 (12 December 2006)
Default judgments for failure to attend court‑annexed mediation are incompatible with mediation principles; recusal required for perceived bias.
  • Court‑annexed mediation — mediation philosophy and party rights — invalidity of rules permitting default judgment for failure to attend mediation; judicial recusal — perception of bias where judge previously presided over related criminal proceedings; mediator confidentiality — judge forbidden to rely on mediator’s record; rule amendment directed.
12 December 2006