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Supreme Court of Zambia - 2022 January

4 judgments
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4 judgments
January 2022
ZCCM Investments Holding Plc v Vedanta Resources Holding Limited and Anor (SCZ/08/13/2021) [2022] ZMSC 61 (18 January 2022)
Court refused a late amendment to a motion (styled as an appeal) because allowing it would prejudice the appellant who had proceeded with the appeal.
  • Civil procedure — amendment of motions — motion styled as appeal — compliance with Supreme Court Rules (rules 48(1), 48(4)) — discretion to allow amendments vs prejudice and delay — effect of preparing record of appeal and absence of stay.
18 January 2022
Natural Valley Ltd v Fairly Bottling (Z) Ltd and Ors (Appeal 16 of 2016) [2022] ZMSC 3 (13 January 2022)
Interim injunction granted where registered trade mark embossed on widely circulated bottles risked irreparable, unquantifiable harm.
  • Trade mark — Interim injunction — Adequacy of damages vs. irreparable harm — Balance of convenience — Owner’s rights in embossed packaging — Preservation and surrender of chattels bearing registered trade mark.
13 January 2022
Mulenga and Anor v Fundafunda and Ors (SCZ 8 3 of 2021) [2022] ZMSC 2 (8 January 2022)
Respondents granted 14-day extension where lack of notice excused delay; full-bench leave-to-appeal avenue must be exhausted.
  • Civil procedure — Extension of time to apply to full bench — s.4 Supreme Court Act & Rule 48 — Late receipt of reserved ruling — Jurisdictional nature of leave to appeal — Prejudice and cause-list management.
8 January 2022
Bank of Zambia (As Liquidator of Credit Africa Bank Ltd Liquidation) v Al Shams Building Materials Trading Company Ltd (Appeal 16 of 2017) [2022] ZMSC 1 (3 January 2022)
A delivered judgment is enforceable immediately; embodiment under Rule 75 is not a prerequisite to taxing costs.
  • Civil procedure — enforcement of judgments — effect of delivery date — Rule 75 (embodiment of judgments) does not prevent enforcement — Section 9 Supreme Court Act governs execution — taxation of costs under Rule 77.
3 January 2022