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Supreme Court of Zambia - 2024 October

3 judgments
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3 judgments
October 2024
Konkola Copper Mines Plc (In Liquidation) v Attorney General and Ors (SCZ/7/20/2024) [2024] ZMSC 31 (23 October 2024)
Whether the Director of Mining Cadastre may grant mining access over surface rights without notice, and jurisdictional consequences.
 23 October 2024
Ratoyar Ltd & Ors v Luken Investments Ltd (APPEAL NO. 08/2022) [2024] ZMSC 32 (7 October 2024)
Turquand rule inapplicable where respondent had actual knowledge of evident internal irregularities in the vendor company.
  • Company law — Turquand/Indoor Management Rule — exceptions where suspicious circumstances or notice exist — purchaser’s duty to make minimum enquiries — Members' resolution required for disposal of company assets — title cancellation for fraud/irregularity.
7 October 2024
ZCCM Investments Holdings Plc v First Quantum Minerals Limited and Ors (SCZ/ 8 / 20/2021) [2024] ZMSC 34 (4 October 2024)
Renewed application for permission to appeal refused: applicant failed to meet statutory threshold of public importance, prospects, or compelling reasons.
  • Appellate procedure — Permission to appeal to Supreme Court — Section 13(3) Court of Appeal Act — tests: point of law of public importance; reasonable prospects of success; other compelling reasons — BIDVEST principles applied. Civil procedure — renewed applications — confined to grounds raised below. Affidavit practice — interlocutory proceedings permit statements of information or belief with source; evidence must be properly served; skeleton arguments cannot substitute affidavit evidence. Res judicata — settled law, not raising public importance
4 October 2024