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Supreme Court of Zambia - 2010 April

2 judgments
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2 judgments
April 2010
Barlowoorld Plascon Z Ltd v G. M. International Limited and Anor (SCZ/8/254/2008) [2010] ZMSC 21 (23 April 2010)
Garnishee relief requires an attachable debt; trial judge properly refused leave to appeal costs where debt was disputed and discretion was rightly exercised.
  • Garnishee proceedings — attachable debt requirement — Order 49; Garnishee nisi — ascertainable debt vs. payment schedule; Costs — appeals against costs-only orders — Section 24(1)(d); Judicial discretion to grant leave on costs; Effect of disputed account and pending litigation on garnishee relief.
23 April 2010
Antonio Ventriglia and Anor v Eastern and Southern African Trade and Development Bank and Anor (Appeal No. 11/2009; SCZ NO. 13 OF 2010) [2010] ZMSC 16 (21 April 2010)
Whether a treaty bank’s immunity shields commercial acts — court found misdirection and restored protection for the applicant.
  • International organisations' immunity; restrictive vs absolute immunity; jure imperii vs jure gestionis; express waiver requirement (SI No.123/1992); access to justice; interlocutory injunction to protect property pendente lite.
21 April 2010