Supreme Court of Zambia - 2011 February

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2 judgments

Citation	Judgment date
February 2011
Informatics Limited v Stanbic Bank (2 of 2011) [2011] ZMSC 2 (22 February 2011) Appeal allowed in part: foreclosure set aside; guarantors’ liability limited to K10,000,000 each; no proven bank negligence. Banking law – deposited drafts/cheques – presentation and notice of dishonour – s.45 Bills of Exchange Act (reasonable time) – banker as holder for value when giving credit against uncleared effects – guarantees limited to written amounts – foreclosure requires pleaded relief (mortgage actions under Order 30).	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