Law Commons^™

Livingstone Motor Assemblers Limited (In Receivership) V Indeco Estates Development Company And Others (Supreme Court Judgment No. 1 Of 2013), Ntemena Mwanamwambwa

SAIPAR Case Review

The appeal stems from a winding-up petition filed in the High Court by the respondents seeking an order to commence winding-up proceedings as well as the appointment of a liquidator in respect of the appellant, Livingstone Motor Assemblers Limited. The latter was heavily indebted to several creditors, including the respondents and the Zambia National Commercial Bank (ZANACO) which had commenced receivership proceedings and appointed a receiver/manager extra judiciously, prior to the High Court granting the winding-up order. Disgruntled by the grant of the order, the receiver/manager made an application to vary it so that only he would retain possession of …

Determining The Liability For Carriage Of Goods By Road In West Africa – Can Ohada Uniform Rules On Transport Be A Foundation?, Damilola Osinuga

Southern African Journal of Policy and Development

Economic integration has been on African leaders' lips since the Organization of African Unity was created in 1963. The justification for this is not implausible — to promote regional trade and ensure economic prosperity. On January 1, 2020, African nations opened their borders to duty-free trade of goods and services under the continental free trade agreement. Transport of commodities is without a doubt essential for market access and intra-African trade. The low purchasing power of the populace and the geography of the continent, which is made up of a sizable number of landlocked provinces, favours road transportation. However, in West …

Zambia Breweries Plc V. Betternow Family Limited Selected Judgment No. 48 Of 2016, Chanda Chungu

SAIPAR Case Review

This matter dealt with a distributorship contract between Zambia Breweries and Betternow Family Limited. Betternow paid K100, 000 as a pre-condition to trading Zambia Breweries’ products – but after three (3) months of trading, Zambia Breweries terminated the supply of its products to Betternow Family Limited.

In this case, the contract provided that the contract can be terminated with one month’s notice. The contract was cancelled by Zambia Breweries and Betternow Family Limited sued for breach of contract. The trial court awarded damages equivalent to the unserved or remaining period of the contract.

The Supreme Court held that: Any damages …