Supreme Court of Zambia - 2023 May

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2 judgments

Citation	Judgment date
May 2023
Mushipe (T/A Mushipe & Associates and Suing as Executor and Trustee of the Estate of the late Funny Lunga Yolamu) v Rossi ( Suing as Executor and Trustee of the Estate of the Late Funny Lunga Yolamu) (APPEAL NO. 12/2022) [2023] ZMSC 10 (31 May 2023) A will-drafter is not an impliedly appointed executor or estate counsel absent clear naming or specific instructions. Wills — appointment of executors — express vs implied appointment; drafting and custody of a will do not imply appointment as executor; reference to "my lawyers" must identify counsel; Legal Practitioners (Practice) Rules — practitioner must act only on instructions; Wills and Administration of Testate Estates Act s.52(2) — reimbursement of legitimate expenses incurred under revoked probate.	31 May 2023
K.V. Wheels and Construction Ltd v Investrust Bank Plc (SCZ/8/29/2021) [2023] ZMSC 14 (24 May 2023) Renewed leave to appeal refused: letter‑of‑credit disputes were factual/private, not points of law of public importance. Letters of credit — strict compliance doctrine — issuing bank's obligation qualified by documents 'appearing on their face' to comply; UCP 600 Article 34; point of law of public importance — novelty insufficient; leave to appeal — prospects of success.	24 May 2023