Skip to document content Skip to main menu Skip to search

Supreme Court of Zambia - 2008 July

4 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
4 judgments
July 2008
Limpic v Mawere and Ors (Appeal 121 of 2006) [2008] ZMSC 138 (24 July 2008)
Certificate of title vulnerable to fraud where seller lacked authority; successful claim for value of improvements ordered.
  • Lands and Deeds Registry Act ss33, 34 — Certificate of title — indefeasibility and exceptions — fraud — lack of authority of purported administrator — pleading and evidence — unpleaded fraud admitted without objection — unjust enrichment and compensation for improvements.
24 July 2008
Limpic v Mawere and Ors (Appeal 121 of 2006) [2008] ZMSC 157 (24 July 2008)
Registered title obtained via a fraudulent transfer was set aside under s34; transferee compensated for improvements to avoid unjust enrichment.
  • Lands and Deeds Registry Act (ss.33–34) — Registration and indefeasibility of title — Fraud vitiating registered title — Pleading rules and admission of unpleaded evidence — Relief: cancellation of certificate and compensation for improvements.
24 July 2008
Lipimile & Another v Mpulungu Harbour Management Ltd. (SCZ 8 270 of 2005) [2008] ZMSC 15 (22 July 2008)
Zambian courts may try Zambian citizens for contempt committed abroad; Order 52 may be combined with section 116 of the Penal Code.
  • Extra-territorial jurisdiction — contempt of court — section 6 Penal Code — section 116 Penal Code — section 65 Criminal Procedure Code — Order 52 Rules of the Supreme Court — combination of civil and criminal contempt proceedings
22 July 2008
Moses Himbala Hatembo (T/A Galaxy International) & Another v Union Bank Zambia Limited (In liquidation) (Appeal 8 of 2007) [2008] ZMSC 34 (17 July 2008)
Appeal allowed; matter remitted for ZICA‑nominated accountants to reconcile the judgment debt, parties to share auditors’ fees.
  • Civil procedure — Enforcement of judgment — Reconciliation of long-standing judgment debt — Liquidator’s accounting and duty to produce records — Reference to independent accountants/auditors (ZICA) — Costs of accountants to be shared equally.
17 July 2008