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Supreme Court of Zambia - 2024 July

4 judgments
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4 judgments
July 2024
Finsbury Investments Limited v Murray and Roberts Construction Limited and Anor (SCZ/8/08/2023) [2024] ZMSC 25 (24 July 2024)
An equitable contractual lien and a restored possession order entitled the respondents to be joined to the mortgage action.
  • Equitable (contractual) lien under construction contract — sufficiency for joinder to mortgage action; mechanic’s (statutory) lien not applicable in Zambia; prior restored judgment granting possession reinforces interest; joinder appropriate where decision affects non-party’s interest; registration under Lands and Deeds Registry Act not necessarily fatal to equitable lien.
24 July 2024
Jayesh Shah v Mwenda Mwimanenwa Nyambe and Anor (SCZ/8/05/2023) [2024] ZMSC 26 (24 July 2024)
Applicant's renewed leave to appeal denied; no novel point of law and factual findings on title and fraud upheld.
  • Civil procedure — leave to appeal — Section 13 Court of Appeal Act — question of law of public importance; Order 28 RSC (White Book) — originating summons deemed writ — directions; Pleading of fraud — particularity v. reliance on unopposed evidence; Property law — bona fide purchaser for value and due diligence; Appellate restraint on findings of fact; Costs — award to non-attending party.
24 July 2024
Billis Farm Limited and Anor v Molosoni Chipabwamba and 12 Or Displaced Village Owners (APPEAL No. 11 OF 2022) [2024] ZMSC 33 (23 July 2024)
Supreme Court holds Court of Appeal lacked jurisdiction over substantive Article 28 appeal and vacates its judgment.
  • Constitutional law — Article 28 appeals — appellate route and jurisdiction — interlocutory versus substantive appeals — Court of Appeal lacked jurisdiction — decision void and vacated; procedural commencement (petition vs writ) noted.
23 July 2024
Billis Farm Limited and Anor v Molosoni Chipabwamba and Ors (APPEAL No. 11 OF 2022) [2024] ZMSC 24 (23 July 2024)
The Court of Appeal lacked jurisdiction to hear a substantive Article 28 appeal; its judgment was vacated.
  • Constitutional law — Article 28 appeals — jurisdictional route for appeals from High Court on Bill of Rights — Kabwe Order; Hakainde Hichilema clarification — decision without jurisdiction void — mode of commencement of constitutional claims.
23 July 2024