Supreme Court of Zambia - 2023 July

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1 judgment

Citation	Judgment date
July 2023
Elite Industries Limited and 4 Ors v Zambia National Commercial Bank and Anor (APPLICATION NO. SCZ/07/16/2025) [2023] ZMSC 22 (30 July 2023) A stay of possession cannot be granted where execution has been effected and the applicant cannot show capacity to redeem. Stay of execution – possession orders – execution already effected – nothing to stay; Order 88 Rule 5 White Book – suspension of possession requires likelihood of redemption within a reasonable period; requirement of clarity as to which appeal or order is sought to be stayed; applicants must show prima facie merits and irreparable harm.	30 July 2023

Citation

Judgment date

July 2023

Elite Industries Limited and 4 Ors v Zambia National Commercial Bank and Anor (APPLICATION NO. SCZ/07/16/2025) [2023] ZMSC 22 (30 July 2023)

A stay of possession cannot be granted where execution has been effected and the applicant cannot show capacity to redeem.

Stay of execution – possession orders – execution already effected – nothing to stay; Order 88 Rule 5 White Book – suspension of possession requires likelihood of redemption within a reasonable period; requirement of clarity as to which appeal or order is sought to be stayed; applicants must show prima facie merits and irreparable harm.

30 July 2023

Supreme Court of Zambia - 2023 July

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