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Arrest and detention
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Locus standi in environmental litigation
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Andreas Panagiotis Xirocostas v Poma (Appeal 206 of 2013) [2020] ZMSC 8 (13 May 2020)
Judgment
13 May 2020
Lafarge Cement Zambia Limited PLC v Sinkamba (Citizens for a Better Environment) (Appeal 169 of 2009) [2013] ZMSC 31 (26 November 2013)
Default judgment entered prematurely was irregular; respondent lacked locus standi to claim EPF funds, appeal allowed with costs.
Civil procedure — default judgment — requirement to allow full 21‑day period for appearance — irregularity if judgment entered prematurely; locus standi — private person cannot recover or demand deposit into government Environmental Protection Fund (EPF); scrutiny of writ endorsements — claims must have legal basis and not be speculative; review and setting aside — once judgment is irregular necessity to exhibit defence falls away
Judgment
26 November 2013
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