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Supreme Court of Zambia - 2015

110 judgments
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110 judgments
January 2015
Barclays Bank Zambia & Another V Mwanamuwila & Others (Appeal 70 of 2009) [2015] ZMSC 5 (22 January 2015)
22 January 2015
Shreeji Investments Limited v Zambia National Commercial Bank PLC (Appeal 143 of 2009) [2015] ZMSC 4 (20 January 2015)
Bank not liable for payments on forged cheques where agent had ostensible authority and customer negligently failed to detect forgeries.
  • Banking law — forged cheques — payment in good faith and in ordinary course — s.19 Stamp Act; s.60 Bills of Exchange Act; s.2 Cheques Act — ostensible/actual authority of agent — customer negligence and estoppel — duty to inquire limited to circumstances giving rise to suspicion
20 January 2015
Kafue Horse Safaris Limited v Zambia Wildlife Authority and Attorney General (Appeal 13 of 2012) [2015] ZMSC 6 (18 January 2015)
18 January 2015
Nkonde v Nkonde (Appeal 104 of 2010) [2015] ZMSC 8 (15 January 2015)
15 January 2015
Falcon Press Limited & Another v Kangwa & Others (SCZ 8 308 of 2012) [2015] ZMSC 3 (14 January 2015)
Application to set aside dismissal for want of prosecution failed due to inordinate delay and insufficient evidence to extend time.
  • Civil procedure — appeal dismissed for want of prosecution; extension of time under Rule 12(1) — necessity of sufficient admissible evidence; inordinate delay; prejudice from execution (Fi.fa and Eligit); costs
14 January 2015
Ng'wane v Zambia Breweries PLC (Appeal 62 of 2011) [2015] ZMSC 12 (13 January 2015)
13 January 2015
Kanyama v The People (SCZ Appeal 220 of 2011) [2015] ZMSC 7 (12 January 2015)
12 January 2015
Ngulube v Malipenga (Appeal 18 of 2011) [2015] ZMSC 1 (12 January 2015)
Advocate acted beyond mere stakeholder but negligence was unpleaded; speculative losses unproven—nominal damages awarded.
  • Professional negligence; conveyancing advocate’s duties; stakeholder v. advocate liability; limits on variation of judicial orders by Deputy Registrar; measure of damages for conveyancing negligence; requirement to plead and prove special loss; nominal damages awarded
12 January 2015
Nyambe v Total Zambia Limited (SCZ Judgement 1 of 2015) [2015] ZMSC 2 (12 January 2015)
An arbitration clause limited to disputes "during the continuance" of an agreement is inoperative after contract termination.
  • Arbitration Act s.10 — interpretation of arbitration clause — clause limited to disputes "during the continuance" of the contract — plain meaning rule — severability of arbitration clause considered but subordinate to clear wording — clause inoperative post-termination where contractual time-limits unmet
12 January 2015
ZESCO Limited v Maphenduka (Appeal 40 of 2008) [2015] ZMSC 10 (12 January 2015)
12 January 2015