Arbitral Digest

Matter

Barak Fund SPC Limited v The Attorney General and Grandview International Limited (Court of Appeal of Zambia Appeal No./79/2025)

  1. 20 December 2024Zambia

    20 December 2024Zambia

    Ruling of the High Court of Zambia in Cause No. 2024/HPC/0137 dated 20 December 2024

    High Court of Zambia

    Case no.
    Cause No. 2024/HPC/0137
    Decision summary
    The High Court dismissed Barak Fund SPC Limited's second action as a multiplicity of actions, holding that the issues could be resolved in the first action, and awarded costs.

    Supporting details

    4 participants
    Barak Fund SPC Limited
    The Attorney General
    Grandview International Limited
    High Court of Zambia

    1 year, 4 months and 24 days later · 510 days

  2. 14 May 2026Zambia

    14 May 2026Zambia

    Judgment of the Court of Appeal of Zambia in Appeal No./79/2025 dated 14 May 2026

    Court of Appeal of Zambia

    Case no.
    Appeal No./79/2025
    Decision summary
    The Court of Appeal allowed the appeal, set aside the High Court's dismissal of the second action for multiplicity of actions, and held that the second action fell within the exclusive jurisdiction of the Commercial Division of the High Court. It held that the first respondent was not amenable to arbitration and remitted the matter to the High Court for hearing and determination by a different judge, with costs to the appellant.

    Supporting details

    6 authorities · 10 participants
    Barak Fund SPC Limited
    Representative
    S. Chisenga (For: Barak Fund SPC Limited)
    Representative
    F. Muzimu (For: Barak Fund SPC Limited)
    The Attorney General
    Representative
    K. Sakachimva (For: The Attorney General)
    Grandview International Limited
    Representative
    W. Chisonga (For: Grandview International Limited)
    Court of Appeal of Zambia

    Authorities cited

    6
    • Grandview International and Four Others v Barak Fund Limited (CAZ Appeal No 289 of 2023)
      case
    • Trust Group SpA v AmTrust Europe Limited (2015 EWCA Civ 437)
      case
    • Colgate Palmolive Zambia v Able Shemu Chuka (SCZ Appeal No 181 of 2005)
      case
    • High Court Act, Chapter 27 of the Laws of Zambia
      statute
    • The Arbitration Act No 19 of 2000
      statute
    • The Rules of the Supreme Court of England 1999 (White Book)
      rules

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Barak Fund SPC Limited v The Attorney General and Grandview International Limited (Court of Appeal of Zambia Appeal No./79/2025) · Matter