Administrative Law

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Plaintiff’s Sheriff-auction acquisition of immovable mining assets failed due to irregular execution and lack of statutory surface rights and licence.
Civil procedure – Execution and sale by Sheriff – writ of fieri facias vs sale of immovable property; Sheriff’s Act ss14–15 – indemnity and purchaser protection; High Court Rules Order XLII – elegit and execution procedure; Mines and Minerals Development Act – mineral processing licence, surface rights, village consent and Zambian shareholding requirements; bona fide purchaser for value/no notice.
Judgment 28 September 2017