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Supreme Court of Zambia - 2022 September

3 judgments
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3 judgments
September 2022
Chimanga Changa Ltd v Export Trading Ltd (Appeal 3 of 2022) [2022] ZMSC 42 (29 September 2022)
A section 22(1) challenge to a business‑rescue resolution is not subject to the section 25(1) moratorium and does not require administrator consent.
  • Corporate insolvency law — business rescue — distinction between challenges to the decision to commence business rescue (section 22(1)) and the moratorium on proceedings affecting company assets (section 25(1)) — scope of "legal proceedings" — procedure for section 22(1) applications.
29 September 2022
Arnautovic v Stanbic Bank Zambia Ltd (Appeal 5 of 2021) [2022] ZMSC 44 (1 September 2022)
A mortgagee may lodge a counterclaim in pending writ proceedings; mode of commencement does not bar competent counterclaims.
  • Civil procedure — Counterclaims — Whether mortgage actions must be commenced by originating summons — Order 30 r.14 High Court Rules — Order 28 r.3 and RSC Order 15 — Mode of commencement and jurisdiction — Multiplicity of actions.
1 September 2022
Zlatan Zlatkok Arnautovic v Stanbic Bank Zambia Limited (Appeal No. 5 of 2021) [2022] ZMSC 55 (1 September 2022)
A mortgage action may be pursued as a counterclaim in writ proceedings; jurisdictional objections can be raised at any stage.
  • Civil procedure — counterclaim — mortgage/foreclosure matters — Order 30 r.14 not precluding counterclaims; counterclaim as extension of defence (Order 28 r.3; RSC Order 15 r.2) — jurisdictional objections may be raised at any time.
1 September 2022