The role of equitable remedies in the Zambian legal System: A critical analysis of how effective injunctions have been in the Zambian legal System

Abstract

The kernel of the study is the effect of injunctions in Zambia. The study chronicles the development of equity, the courts of equity and equitable remedies generally and in particular injunctions. The study identified the different types and forms of an injunction also identified the rules and laws governing they issuance.Injunctions in Zambia issue pursuant to the Supreme Court Act and The English Law (Extent of Application) Act and other plethora of authorities such as the Whitebook.By virtue of Order 29 of the Whitebook, English judicial decisions have the force of law in Zambia thereby making all court decisions and practice procedures stated therein available in Zambia. The study looked at ten Zambian judicial decisions on injunctions where it was found that the Zambian courts have wholly depended and followed ratio decidendi from two English cases of Preston v Luck and American Cyanamid Co v Ethicon Limited. The leading cases in Zambia on injunctions are Shell and BP (Z) LTD v Conidaris and Others and Harton Ndove v National Educational Company Zambia Limited which were decided on the very principles in from the two English cases. It follows from the findings in the study that injunctions in Zambia follow the same law, rules and principles as in other common law jurisdictions. Following this study the author however, recommends that a wholesome restructuring of the system on injunctions be undertaken, whereby an Act of Parliament on injunctions and other equitable remedies be promulgated that will give practice directions, principles and law. We already have a very rich jurisprudence on the subject matter and by so doing that would result into the growth of the Zambian jurisprudence.