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Supreme Court of Zambia - 2009 October

4 judgments
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4 judgments
Citation
Judgment date
October 2009
Charles Lubasi v Konkola Copper Mines (Appeal 140 of 2007) [2009] ZMSC 150 (30 October 2009)
Claim for unpaid rent dismissed to prevent unjust enrichment where claimant occupied company-provided housing while receiving allowance.
Property/tenancy – rent payments – transfer to third party; unjust enrichment – claimant occupying company-provided housing while receiving housing allowance; appellate review – credibility findings and record of trial court.
 30 October 2009
Kabongo v Zambia Airways Corporation Ltd (Appeal 217 of 2006) [2009] ZMSC 165 (27 October 2009)
The appellant had no accrued right as a sitting tenant to purchase; possession granted and appeal dismissed.
Possession of employer‑allocated premises; sitting tenant v licensee; cessation of licence on termination of employment; Order 35 (absence judgment) and Rule 5; mesne profits; admission of fresh evidence on appeal; case management in Commercial List (adjournments/closure).
 27 October 2009
Post Newspapers Ltd v Banda (SCZ Judgment 25 of 2009) [2009] ZMSC 171 (16 October 2009)
Advocate may swear affidavit for ex parte leave to commence committal; subsequently pleaded defences do not justify vacating that leave.
Contempt proceedings — Order 52 r.2 (leave to apply) — advocate-deposed affidavits in ex parte procedural applications — Chikuta distinguished — ex parte leave not vacated by filing of defence raising justification/fair comment — Order 32 r.6 inapplicable to Order 52 leave.
 16 October 2009
ACS Ltd v Maersk Mozambique (T/A Maersk Zambia) (Appeal 78 of 2008) [2009] ZMSC 1 (15 October 2009)
Appeal against judgment entered without hearing counsel dismissed for lack of merit; costs awarded to respondent.
Civil procedure — Entry of judgment without hearing counsel — Appeal against procedural irregularity — Whether such entry warranted setting aside the judgment.
 15 October 2009