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Supreme Court of Zambia - 2011 February

2 judgments
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2 judgments
February 2011
Informatics Limited v Stanbic Bank (2 of 2011) [2011] ZMSC 2 (22 February 2011)
Bank improperly ordered foreclosure without pleading; guarantors liable only to amount of their guarantees; no bank negligence found.
  • Banking law — overdraft against uncleared instruments — Bills of Exchange Act s.45 (presentation within reasonable time) — holder for value — liability of guarantors; foreclosure not to be ordered without relief prayed for
22 February 2011
Premesh Bhai Megan Patel v Rephidim Institute Limited (Appeal No. 53/2005; SCZ JUDGMENT NO. 3 OF 2011) [2011] ZMSC 40 (22 February 2011)
Default judgment upheld: no disclosed defence and omitted terms cannot be implied or raised on appeal without prior pleadings.
  • Civil procedure — setting aside default judgment; defence on the merits; parol evidence rule and admissibility of extrinsic evidence to add omitted terms; implication of terms; Lands and Deeds Registry Act—non-registration and waiver of fresh issues on appeal.
22 February 2011