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Citation
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Judgment date
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| March 2026 |
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Appeal dismissed: occupation period, unjust enrichment, period-specific exchange rates and costs award were correctly applied by the assessor.
Assessment of damages – determination of occupation period and surrender by delivery of keys – unjust enrichment as bar to retaining benefit without restitution – conversion of foreign currency using period-specific Bank of Zambia rates – duty to mitigate – costs following the event.
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6 March 2026 |
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Acting and responsibility allowances require formal appointment; whistleblower protection and constructive dismissal not established.
Employment law — acting and responsibility allowances — entitlement requires formal appointment; Whistleblower protection — good faith and procedural compliance required; Constructive dismissal — employee must prove employer’s conduct amounted to fundamental breach.
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5 March 2026 |
| February 2026 |
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Acceptance of instalment payments varied the loan; duress not established; counterclaim for additional loan unproven.
Contract variation — instalment acceptance as mutual variation and consideration; Duress — threats to report or reminders not automatically vitiating consent; Burden of proof — counterclaim must be proved on balance of probabilities; Cheques and payment patterns as evidence of acknowledgement of debt and ongoing indebtedness.
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27 February 2026 |
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Filing a defence under the amended High Court Rules does not waive the right to challenge originating process irregularities.
Civil procedure – High Court Rules amended by S.I
No. 58 of 2020 – Order 11/1 – filing of defence does not waive right to challenge irregularity of writ; Practice Direction No. 4 of 1977 – period for entry of appearance – service of process on advocates; duty of trial courts to adjudicate all issues
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27 February 2026 |
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Whether a documented sale with option to repurchase was a disguised loan and if alleged upfront deductions were proved.
Property law – substance over form: sale with option to repurchase vs disguised loan; evidentiary requirement to authenticate handwritten documents; mesne profits/occupational fees for unauthorized occupation; discretionary award of costs to successful party.
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25 February 2026 |
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Appellant’s non-payment justified rescission and rental compensation; board‑resolution and Rent Act defences rejected.
Company law – authority to commence proceedings – board resolution only required if company’s articles so provide; Contract law – rescission for breach by non‑payment; Unjust enrichment – occupation without payment; Rent Act inapplicable to sale/rescission disputes; Civil procedure – case management and refusal to re-open/ amend pleadings.
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24 February 2026 |
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Use of Originating Summons for a breach of contract claim was wrongful and deprived the court of jurisdiction.
Civil procedure — mode of commencement — Order VI Rule 1 HCR — writ of summons primary; Originating Summons confined to matters disposable in chambers; Order 30 Rule 11 discretion limited; breach of contract/default on loan not amenable to summary chamber proceedings; wrong commencement deprives court of jurisdiction; proceedings a nullity.
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18 February 2026 |
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Leave to seek judicial review of a JCC recommendation was granted; High Court is proper forum despite potential constitutional issues.
Judicial review – Order 53 RSC – leave to apply – locus standi; Judicial Complaints Commission – jurisdiction to hear complaints after retirement; Procedural impropriety – calling witnesses for complainants and natural justice; Constitutional questions – referral to Constitutional Court vs. High Court jurisdiction; Mootness where executive acts on administrative recommendation
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18 February 2026 |
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Whether JCC recommendations reopening complaints are amenable to judicial review and whether leave to seek such review should be granted.
Judicial review — Order 53 RSC — leave as filter for arguable case; Judicial Complaints Commission — jurisdiction, procedural impropriety, natural justice; prerogative remedies in High Court; constitutional issues referable to Constitutional Court; recommendations vs decisions.
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17 February 2026 |
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Non-conviction forfeiture upheld where licence showed objective signs of forgery; respondent may not recover profit costs.
Forfeiture — Non-conviction-based forfeiture permissible under s.31(4) FPOCA; forgery qualifies as a "serious offence"; admissibility of bank statements—Evidence (Banker's Book) Act compliance required; seizure notices—authenticity and proper record; costs—State may recover costs but in-house counsel not entitled to profit costs.
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6 February 2026 |
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Renewed application for interim injunction refused: damages adequate and balance of convenience favours respondents with registered title.
Civil procedure – interim injunction – application of American Cynamid principles; competing claims to land – customary rights versus registered Certificate of Title; adequacy of damages; balance of convenience; maintenance of status quo.
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5 February 2026 |
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Whether a purported sale used as security for a debt is a question of fact requiring full trial, not summary disposal.
Contract law — consideration (forbearance to sue third party); Registration of land instruments — Lands and Deeds Registry Act ss.4,6 — extension/curability; Housing Act/formalities and repeal; Transactions in land as security versus sale — intention of parties; Summary procedure — Order 14A RSC — issues requiring trial; Caveat removal procedure.
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5 February 2026 |
| January 2026 |
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Summary dismissal upheld where employee failed to prove authorization and disciplinary process complied with collective agreement.
Employment law — Summary dismissal for dishonesty — Internal disciplinary proceedings may proceed despite concurrent criminal proceedings — Burden of proof on employee to show authorization — Procedural delay not necessarily fatal — Issues not raised at trial cannot be raised on appeal.
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29 January 2026 |
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A court cannot make fresh orders after delivering judgment; such post-judgment orders are void as functus officio.
Civil procedure — Functus officio — Whether a court may vary or add to its judgment after delivery — Industrial Relations Division lacks power to review/alter judgment once final — Orders made post-judgment in committal proceedings void for want of jurisdiction; consequent dismissal of related cross-appeal.
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29 January 2026 |
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Allowance components of "salary" must be included in redundancy calculations where "salary" is pleaded or contracted generally.
Labour law — redundancy pay — meaning of "salary" — inclusion of allowances in terminal benefits; accrued conditions of service; retrospective application of Employment Code; pleadings and scope of assessment.
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28 January 2026 |
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A constitutional petition cannot reopen issues already finally decided by the Supreme Court; the appellant lacked locus standi.
Constitutional petitions – Article 28(1)(a) – Procedure – Order 3 Rule 2 (High Court Rules) not a basis for final dismissal of constitutional petitions – inherent jurisdiction to determine locus standi, res judicata and abuse of process – forfeiture under Corrupt Practices (Disposal of Recovered Property) Regulations – effect of a prior Supreme Court determination.
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28 January 2026 |
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A preliminary Rule 14A determination was inappropriate where the Circular's applicability required full trial evidence.
Administrative law – Cabinet Office Circular No. 3 of 2001 – Secondment – Order 14A (RSC) – Preliminary questions – Suitability for summary determination – Statutory body/corporate personality – Need for full trial.
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27 January 2026 |
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Appellant held vicariously liable where its employee had apparent authority to contract with the respondent.
Agency and vicarious liability – employee acting within scope of employment – apparent/ostensible authority binds principal – Royal British Bank v. Turquand (indoor management) – fraudulent or unauthorized acts within apparent authority still bind principal – costs follow the event
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27 January 2026 |
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Strike‑out is draconian; pleadings here disclosed a reasonable negligence cause and the case was remitted for trial.
Civil procedure — Pleadings — Particulars for negligence — Misrepresentation as relief — Strike‑out power sparingly exercised — Order 18 particulars; Order 11 Rule 1 compliance.
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27 January 2026 |
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Extension of time to appeal to the Court of Appeal lies exclusively to that court; High Court orders in that regard are void.
Civil procedure – extension of time to appeal – Order 13 Rule 3 CARs – High Court lacks jurisdiction to extend time to appeal to the Court of Appeal – orders void ab initio – renewal before Court of Appeal incompetent.
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26 January 2026 |
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Court refused to allow a belated affidavit in opposition, finding the applicant had slept on its procedural right.
Civil procedure – interlocutory applications – inherent jurisdiction (Order 29/1A/10 RSC) – affidavit in opposition – procedural default – Order 57/4/2 RSC – failure to file affidavit before hearing – no revival of right post‑hearing – costs.
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22 January 2026 |
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Whether a claim for backdated maintenance was res judicata and whether earlier judicial remarks were obiter dictum.
Family law – maintenance and school fees – res judicata; rehearing and scope of pleadings; obiter dictum v. substantive ruling; abuse of process; costs follow event.
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13 January 2026 |
| December 2025 |
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Court upheld dismissal: tribunal had jurisdiction and sufficient factual basis; procedural lapses were not prejudicial.
Employment law – disciplinary proceedings – judicial review limited to jurisdiction, adherence to procedure and existence of substratum of facts – accumulation of misconduct – procedural irregularities not necessarily vitiating dismissal – bias/perceived interest on panel assessed for prejudice.
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31 December 2025 |
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Time to file a notice of appeal runs from judgment delivery/sealing, not from service; extension under Order 13 CAR required if late.
Civil procedure — Appeal time limits — Order 10 Rule 3(5) CAR — thirty-day period runs from date of judgment (delivery/sealing), not from service — out-of-time appeals require extension under Order 13 CAR.
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31 December 2025 |
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Whether a judge must recuse when a confidential JCC complaint exists and the applicant refuses to disclose its substance.
Judicial recusal — complaint to Judicial Complaints Commission — confidentiality vs requirement to disclose particulars — reasonable apprehension of bias — administrative recusal after consultation with Judge President.
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31 December 2025 |
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Specific performance for land requires a written contract; Certificates of Title are conclusive absent pleaded fraud.
Property law – Specific performance – Statute of Frauds requirement for written contract or memorandum for sale of land; Certificate of Title conclusive absent pleaded fraud; fresh evidence on appeal inadmissible without leave.
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24 December 2025 |
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Specific performance of land sale requires a written contract; title deeds are conclusive unless fraud is pleaded and proved.
Property law – Specific performance; Statute of Frauds (requirement of writing for land sales); Lands and Deeds Registry Act – Certificate of Title conclusive absent pleaded and proved fraud; inadmissibility of fresh evidence on appeal; remedy not available against non-contracting parties.
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24 December 2025 |
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Appellate court corrected a mathematical error, found an equitable mortgage, ordered title returned and K1,000 outstanding plus interest.
Loan secured by property; equitable mortgage vs forward purchase; appellate correction of clerical/mathematical error; entitlement to return of title deeds; interest on outstanding balance.
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24 December 2025 |
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A lengthy ground challenging insufficiency of evidence was held to substantially comply with Court of Appeal Rule requirements.
Civil procedure — Court of Appeal Rules Order X Rule 9(2) — memorandum of appeal must concisely state grounds without narrative — practical test: discernible complaint and absence of prejudice — grounds challenging insufficiency of evidence and proof of ownership.
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22 December 2025 |
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Applicant failed to show sufficient, evidenced cause (bereavement unsupported) to justify extension of time to appeal; application dismissed.
Civil procedure – extension of time – Order XIII Rule 3(1) – sufficient cause required; Bereavement as excuse – need for corroborative evidence (medical records/death certificate); Finality of litigation – prejudice from reopening enforcement of long-standing judgment; Constitutional principle (Article 118(2)(e)) – justice without undue regard to technicalities does not permit flouting procedural rules.
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11 December 2025 |
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Court granted stay of execution pending appeal to preserve status quo and prevent irreparable harm to pension provider.
Stay of execution – Court of Appeal Rules Order 10 r 5 – appeal not stay automatically – discretionary relief – preview of prospects of success – balance of convenience – irreparable harm – preservation of status quo – monetary judgment against pension provider.
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11 December 2025 |
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Stay of execution refused where appellant failed to show strong prospects of success or special circumstances in a land-title dispute.
Civil procedure – Stay of execution pending appeal; Appeal standards on factual findings; Land allocation – Circular No.1 of 1985 compliance; Certificate of title – conclusive absent fraud; Prospects of success and irreparable harm test.
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9 December 2025 |
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Leave to appeal refused: mesne profits award unsupported where tenant not a trespasser; no public importance or prospects.
Civil procedure – leave to appeal to the Supreme Court (Court of Appeal Act s.13(3)) – mesne profits – landlord-tenant obligations – requirement of wrongful deprivation of possession – public importance threshold for leave to appeal.
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5 December 2025 |
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Use of the Rules of the Supreme Court in the Industrial Relations Court was incompetent; appeal dismissed and matter remitted for merits.
Industrial Relations Court — applicability of Rules of the Supreme Court — conditional offer of employment — rescission for failed pre-employment checks — competence of preliminary point of law under Order 14A RSC — remit to determine merits.
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5 December 2025 |
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Court refused to dismiss appeal for want of service where appellant had a pending application for leave to extend time.
Court of Appeal Rules — Order 10 Rule 3(9): mandatory service of notice and memorandum of appeal; Order 13 Rule 3(3): discretion to extend time after prescribed period; dismissal for want of service; jurisdiction to grant leave to apply for extension; distinction where service was effected out of time without leave; dismissal as sparing remedy; requirement of mala fides/inordinate delay for dismissal.
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5 December 2025 |
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Court may grant unpleaded unfair dismissal remedy; respondent wrongfully dismissed; damages reduced to eight months.
Industrial Relations Court – section 85(5) – substantial justice may permit granting of unpleaded remedies; wrongful dismissal – breach of disciplinary procedure and natural justice; sick leave – accrual of annual leave and entitlement to payment; costs under Rule 44 – awarded only for unreasonable, vexatious or improper conduct; measure of damages – ordinarily notice period, excessive awards reduced.
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5 December 2025 |
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High Court leave to appeal can constitute exceptional circumstances justifying bail pending appeal and postponement of fine.
Criminal law – Bail pending appeal – Exceptional circumstances – Prospects of success and likelihood of serving substantial portion of sentence – Leave to appeal as indicator – Postponement of fine pending appeal.
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5 December 2025 |
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Proceedings on the merits were adjourned because a pending appeal on the Court's jurisdiction must be finally determined first.
Jurisdiction challenge – Effect of pending leave to appeal – Suspension of further substantive proceedings; Interlocutory rulings – binding until stayed but subject to apex court review; Contempt proceedings – distinct and may proceed; Judicial economy – cannot justify orders if jurisdiction doubtful.
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4 December 2025 |
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Failure to comply with mandatory Order X time limits and to obtain leave to serve or file out of time renders an appeal incompetent.
Appeal procedure – Order X Court of Appeal Rules – mandatory time limits for service of notice/memorandum and record/heads – failure to obtain leave to serve/file out of time renders appeal incompetent.
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4 December 2025 |
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Re‑charging an employee on the same facts after successful appeal is an abuse of process; dismissal was unfair and damages awarded.
Employment law — disciplinary procedure — re‑charging employee on same facts after successful appeal — abuse of process and breach of natural justice; constructive dismissal — resignation with future effective date; unfair dismissal — enhanced damages (24 months' salary) awarded.
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4 December 2025 |
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Actual commercial use and parties' conduct can override certificate-based classification excluding statutory protection.
Landlord and Tenant (Business Premises) Act – classification of premises – effect of actual use and parties' conduct versus certificate of title – prima facie nature of title – requirement for accurate land identification – judicial estoppel against inconsistent positions.
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4 December 2025 |
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The Court of Appeal refused to set aside its full-bench ruling, holding it lacks power to re-open such decisions absent exceptional circumstances.
Inherent jurisdiction; functus officio; re-opening full-bench rulings; slip/correction rule limited to clerical mistakes; finality of litigation; stay of execution.
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4 December 2025 |
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Affidavits in reply must not introduce new issues; offending paragraphs were expunged to prevent prejudice to the respondent.
Civil procedure – Affidavits in interlocutory proceedings – Affidavit in reply must be confined to matters raised in opposition – Order 41 RSC and Court of Appeal Rules – Expungement of scandalous, irrelevant or oppressive material – Inherent jurisdiction to strike out – Joinder application context.
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3 December 2025 |
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Dismissal for absenteeism was procedurally unfair; reinstatement with arrears and continuity of service was ordered.
Employment law — unfair dismissal — trade union protection (s.5(1)(g) I&L Act) requires causal link to union activity — secondment and disciplinary jurisdiction — procedural fairness (right to have appeal considered) — reinstatement discretionary but warranted in exceptional public‑sector circumstances — continuity of service and arrears with interest.
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3 December 2025 |
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Applications arising from a full court judgment must be brought to the full court; single judges may adjourn under Order X r.6.
Civil procedure — jurisdiction of single judge v full court — applications arising from full court judgments — Order X r.6 — adjournment to full court.
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3 December 2025 |
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Failure to file copies of the proceedings and affidavits before the single-judge decision made the renewed motion incompetent and dismissed with costs.
Civil procedure — Court of Appeal — Order X r.2(8) — renewed application from single-judge decision — mandatory requirement to file copies of proceedings and affidavits placed before single judge — no fresh material permitted — improper framing as appeal renders motion incompetent.
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2 December 2025 |
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A stay pending appeal was granted because the appellant showed arguable prospects of success and irreparable harm to land interests.
Civil procedure — Stay of execution pending appeal — Necessity to demonstrate prospects of success and irreparable harm — Land disputes and risk of appeal becoming nugatory — Court’s discretion to preview prospects of success.
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1 December 2025 |
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Court upheld leave to file the respondent's employment complaint out of time and validated the Power of Attorney.
Employment law – limitation of actions under s.85(3) Industrial and Labour Relations Act – court’s discretion to extend time; jurisdiction once leave granted; res judicata requires a final judgment on the merits; Authentication of Documents Act – applies only to instruments executed outside Zambia; admissibility of Power of Attorney executed in Zambia.
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1 December 2025 |
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Court granted stay pending appeal, finding arguable appeal grounds and no real prejudice despite insufficient proof of irreparable harm.
Civil procedure — Stay of execution — Order 10 Rule 5 — Test: reasonable prospects of success and irreparable harm — Solvency of judgment creditor relevant — Preservation of status quo — Service irregularity immaterial absent prejudice.
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1 December 2025 |
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A single judge lacks jurisdiction to strike out an entire appeal; such a summons is incompetent and dismissed.
Court of Appeal — single judge jurisdiction — Order VII Rule 2(1) and Section 9 — competence to determine interlocutory applications — strike out appeal — abuse of process — company board authority — decisions without jurisdiction void ab initio.
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1 December 2025 |