Hasalama v Zambia Railways Limited (HP 1240 of 2013) [2015] ZMHC 132 (11 August 2015)

Hasalama v Zambia Railways Limited (HP 1240 of 2013) [2015] ZMHC 132 (11 August 2015)

The defendant expressly admitted all material facts in its defence, leaving no issue to be tried. The plaintiff is entitled to judgment on admissions for specific performance, vacant possession, and mesne profits. Damages for breach of contract are not awarded in addition to mesne profits.

Source-derived case information.

Citation
[2015] ZMHC 132
Parties
Plaintiff: [Plaintiff's Name Not Provided]; Defendant: [Defendant's Name Not Provided]
Court
High Court of Zambia
Jurisdiction
Zambia
Judgment Date
11 August 2015
Case Number
HP 1240 of 2013
Procedural Posture
Civil / Judgment on Admissions
Outcome
judgment for the plaintiff
Legal Topics
Specific Performance, Vacant Possession, Mesne Profits, Breach of Contract, Judgment on Admissions
Source Language
english
Contract Law Property Law Specific Performance Vacant Possession Mesne Profits Breach of Contract Judgment on Admissions

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Parties

[Plaintiff's Name Not Provided]

Plaintiff

[Defendant's Name Not Provided]

Defendant

Procedural Posture

Civil / Judgment on Admissions

Legal Issues

  1. 1 Whether the plaintiff is entitled to judgment on admissions for specific performance of the contract of sale.
  2. 2 Whether the plaintiff is entitled to vacant possession and mesne profits.
  3. 3 Whether damages for breach of contract should be awarded in addition to mesne profits.

Ratio Decidendi

The defendant expressly admitted all material facts in its defence, leaving no issue to be tried. The plaintiff is entitled to judgment on admissions for specific performance, vacant possession, and mesne profits. Damages for breach of contract are not awarded in addition to mesne profits.

Court Disposition

judgment for the plaintiff

Orders

  • Specific performance of the contract of sale relating to Subdivision 64 of Subdivision A of Subdivision Y2 of Farm No. 748, Ndola.
  • Defendant to yield vacant possession of the property to the plaintiff forthwith.