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Supreme Court of Zambia - 2022 November

2 judgments
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2 judgments
November 2022
Mbazima v Tobacco Association of Zambia (SCZ 8 of 2021) [2022] ZMSC 48 (9 November 2022)
Renewed application for leave to appeal denied; alleged fraud and locus standi procedural failings do not justify setting aside arbitral award.
  • Arbitration — limited court intervention; Arbitration Act s17 — grounds to set aside awards (fraud, public policy, jurisdictional limits); Court of Appeal Act s13(3) — threshold for leave to appeal; procedural requirement to renew single-judge applications (renewal, not appeal); failure to produce evidence at arbitration not basis for setting aside award.
9 November 2022
Richard Kalinda (Suing as a beneficiary of the Estate of Isaiah Champwa Kalinda and Administrator of the Estate of Esther Kalinda) and Anor v Makuku Farms Limited and Anor (APPEAL No. 5/2022) [2022] ZMSC 52 (9 November 2022)
Beneficiaries cannot prosecute claims over deceased estate property without a duly appointed administrator; Rule 19 objections are permitted.
  • Succession law — capacity to sue — administrators derive authority from letters of administration (Intestate Succession Act s.24(1)) — beneficiaries lack locus to prosecute estate claims — preliminary objections under Rule 19 of the Supreme Court Rules.
9 November 2022