Miller v Soy Nutrients Ltd (SCZ APPEAL NO. 19/91) [1991] ZMSC 73 (30 July 1991)

IN THE SUPREME COURT OF ZAMBIA SCZ APPEAL NO. 19/91 HOLDEN AT LUSAKA (Civil Jurisdiction) ■ ■ • ■; c. WILLIAM THOMAS MILLER Appellant v SOY NUTRIENTS LIMITED Respondent V a Ai;- CORAM: Gardner, AJ. S, Sakala and Chai la, JJ. S. 30 July 1991 C. L. M. Mundia of Mundla Kakoma & Co. for the appellant G. F. Patel of Musa Dudhia & Co. for the respondent JUDGMENT Gardner, AJ. S., delivered the judgment of the court. In this appeal Mr. Mundia*has argued that, in a claim for damages arising out of a breach of a provision of a contract in restraint of trade, there can, under Order 27 of the High Court Rules, be no order for an injunction. He also argued that there was no serious question to be tried. Order 27 Rule 4 specifically provides that in any suit for restraining the defendant from any breach of contract, whether the same be accompanied by any claim for damages or not, it shall be lawful for the plaintiff to apply for an injunction. ■ S - r Whether or not the defendant intends to take other employment which would be In breach of the provision of the contract in restraint of trade is a serious question to be tried. The appeal is dismissed. The case is remitted to the High : '■ ■ - - Court judge with an indication that he has the power and jurisdiction to order an injunction. Costs of this appeal and in the court below to be paid by the appellant to the respondent forthwith.' J2 I B. T. GARDNER AG. SUPREME COURT JUDGE