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Supreme Court of Zambia - 2020 July

4 judgments
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4 judgments
July 2020
Alphatech Enterprises Limited v Nyanga & Others (Appeal 116 of 2014) [2020] ZMSC 53 (27 July 2020)
27 July 2020
Limpo Gift Situmbeko ( Suing as administrator of Theestate of Thelate Theodore Situmbeko) v Musweu (Sued as mother and guardian of Karen Situmbeko and Mulope Situmbeko ) (Appeal 35 of 2017) [2020] ZMSC 54 (16 July 2020)
16 July 2020
Dr Kenneth Kaunda & United National Independence Party v Central Chambers & 5 Others (Appeal 237 of 2013) [2020] ZMSC 83 (14 July 2020)
Delay caused by counsel’s misconduct and absence of fee notes justified setting aside an irregular default judgment and granting leave to defend.
  • Civil procedure — setting aside default judgment; inordinate delay versus excusable delay caused by counsel misconduct; legal fees claims — requirement to render and serve bill and wait one month (Order 50 r.2; Legal Practitioners Act s.83(2)); counsel misconduct and conflict of interest; jurisdiction to set aside irregular default judgment and refer professional misconduct to regulatory committee.
14 July 2020
La Group Ltd v United States Polo Association (Appeal 6 of 2019) [2020] ZMSC 132 (10 July 2020)
Registrar cannot permit confusingly similar marks to co-exist without evidence of honest concurrent use or special circumstances.
  • Trade Marks Act ss16–17 — similarity and likelihood of confusion of device marks — section 17(2) requires evidence of honest concurrent use or special circumstances — territoriality of trademark protection — registrar’s discretion must be judicially exercised and clearly justified — commercial success not a substitute for special circumstances.
10 July 2020