Results.
20 judgments found.
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| September 2017 |
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Appeal dismissed: dismissal upheld where disciplinary procedure was followed, evidence supported misconduct, and appellant voluntarily absented himself.
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Employment law — Disciplinary procedure and dismissal — Sufficiency of evidence to support misconduct; Natural justice — audi alteram partem and hearings in absence; Appeal competence under Section 97 ILRA — points of law or mixed law and fact; Supervisory responsibility for departmental security; Distinction between wrongful and unfair dismissal.
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28 September 2017 |
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Registered title is conclusive absent specifically pleaded and proved fraud; a stranger to a settlement cannot acquire title by that settlement.
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Certificate of title — conclusiveness under Lands and Deeds Registry Act — privity of contract — receipt ambiguous as to purpose — requirement to plead and strictly prove fraud — findings of fact disturbed where at variance with evidence.
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28 September 2017 |
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Defective voire dire led to exclusion of child evidence, but the deceased’s wife’s credible testimony and corroboration sustained the murder conviction.
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Criminal law — Voir dire of child witnesses; admissibility and caution with juvenile evidence; suspect witnesses and requirement for corroboration; identification evidence and absence of fingerprint evidence; common design and malice aforethought in murder.
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27 September 2017 |
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Court may proceed in defendant's absence, but plaintiff must prove document authenticity; attorney-in-fact cannot attest to principal's unknown facts.
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Civil procedure — trial in defendant's absence (Order 35 r.3); Evidence — admissibility and proof of documents; Power of attorney — limits on attorney-in-fact giving evidence about principal's personal knowledge; Fraud/forgery — requirement for particular pleadings and proof; Burden of proof — plaintiff must prove debt on balance of probabilities.
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26 September 2017 |
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The Statement of Claim failed to disclose a cause of action and the appellant lacked locus standi; appeal dismissed.
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Pleadings — Cause of action — Requirement to plead facts giving rise to liability; Locus standi — intertwined with reasonable cause of action; Pleadings procedure — further and better particulars and striking out; Court’s power to dismiss on its own motion (Order 3/2 HCR).
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22 September 2017 |
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Court partly allows appeal, reduces respondent’s damages and orders recalculation accounting for tax and Workers Compensation deductions.
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Personal injury — assessment of damages — heads: pain and suffering, loss of amenities, permanent disability, loss of future/prospective earnings; unpleaded consequential heads; projection of future earnings (multiplicand and multiplier); inclusion of non‑earnings items; deduction for tax; effect of Workers Compensation payments.
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21 September 2017 |
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Employer lawfully terminated by contractual notice; courts may only probe motives where malice is shown.
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Employment law — termination by notice — exercising contractual notice clause — Industrial and Labour Relations Act s85(5) — when courts may 'pierce the veil' to inquire into motive — requirement of evidence of malice for probing terminations.
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19 September 2017 |
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Leave to appeal out of time and a stay of execution were refused for lack of prospects and insufficient evidence to set aside the writ.
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Civil procedure — Extension of time — Order XIII Rule 3 — Discretionary grant requires sufficient reason and prospect of success; Appeal — Leave to appeal out of time — court may preview merits; Stay of execution — dependent on successful extension of time; Mortgage foreclosure — writ of possession — absence of prima facie ground to set aside; Erroneous advice by former counsel not dispositive.
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15 September 2017 |
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Taxation of costs was premature pending conclusion of the appeal; 2017 costs order not retrospective; High Court certification rule inapplicable to Court of Appeal.
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Civil procedure — taxation of costs — interlocutory taxation; Costs — Legal Practitioners (Costs) Order — retrospective effect; Costs — certification for multiple counsel — application to High Court scales; Court of Appeal jurisdiction — Order XII Rule 1 and Order 62 RSC.
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15 September 2017 |
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Bank negligent for encashing crossed cheques to customer’s agent; not liable for a non‑apparent altered cheque; net recovery reduced to ZMW13,182.64.
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Banker–customer duty; crossed cheques paid contrary to crossing; negligence for paying third‑party cheques to customer’s agent; apparent alterations to cheques; effect of payment into court; proof and pleading of special damages (statutory penalties).
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14 September 2017 |
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Defective trial judgment and unresolved credibility on confession evidence warrant setting aside convictions and ordering retrial.
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Criminal procedure — Judgment writing — Section 169 Criminal Procedure Code — necessity for review of evidence, findings of fact, reasoning and application of law; Evidence — admissibility and weight of warn-and-caution/confession statements; Appeal — when retrial should be ordered where trial judgment is defective and credibility disputed.
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14 September 2017 |
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Whether a request to be "released of responsibilities and liabilities" constituted resignation requiring registry changes under the Companies Act.
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Company law — company limited by guarantee — construction of a letter requesting "release of responsibility and liability" as resignation — Sections 19(3)(b) and 210(1) Companies Act — extension of time to file register changes — appellate standard for disturbing factual findings.
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14 September 2017 |
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Defective trial judgment and reliance on confession evidence led to quashing of convictions and order for retrial.
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Criminal procedure — requirements of a judgment — Section 169(1) Criminal Procedure Code — necessity for review of evidence, findings of fact, credibility assessments and application of law.
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14 September 2017 |
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Employer not liable for vehicle tax; advances were loans; refund award set aside as unjust enrichment; some benefits upheld.
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Employment law — Self‑liquidating motor vehicle scheme; characterization of advances as loans; pleading and admissible evidence for repatriation and retention claims; PAYE overpayment and recovery; tax liability on duty‑free vehicle; unjust enrichment; restitutionary remedies; damages for loss of use.
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14 September 2017 |
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Employer’s statutory-board dismissal held influenced by ministerial statements; 24 months’ aggravated damages awarded, vehicle and loss-of-use claims succeed.
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Employment law — wrongful/constructive dismissal — piercing the contractual notice ‘veil’ to ascertain real motive — ministerial statements influencing statutory body’s decision; damages for traumatic and humiliating dismissal (Mpundu damages); entitlement to equal treatment regarding sale of personal-to-holder vehicle; proof required for allowances payable upon presentation of bills.
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13 September 2017 |
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Failure to explain the proviso before plea is curable if explained before witnesses are called and no prejudice results.
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Criminal procedure — Defilement charge — Proviso to s.138 Penal Code — Duty to explain proviso to unrepresented accused — Failure to explain before plea an irregularity curable if no prejudice — Explanation given before witnesses called cured irregularity.
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7 September 2017 |
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A discontinuance of proceedings vacates pending appeals, rendering procedural challenges moot.
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Civil procedure — Discontinuance of action — Effect of notice of discontinuance vacating pending appeal; procedural issues on affidavit jurat and placement of penal notice left undetermined.
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7 September 2017 |
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Whether the appellants were bound by post-judgment consent orders and entitled to assessment of dues under the original judgment.
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Civil procedure — post-judgment consent orders — binding effect only on parties and their duly authorised agents; Evidence — proof of payment requires proof of receipt by creditor or authorised agent; Assessment of post-judgment dues –Registrar to assess where claimants are not bound by consent orders and no proof of payment; Remittal to Registrar where documentary record is voluminous.
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7 September 2017 |
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Appellate court reduced sentence, finding charge duplicitous and sentencing misdirected by reliance on unconvicted multiple acts.
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Criminal law — Defilement — Duplicitous charge where multiple occasions alleged in a single count — separate acts constitute separate offences (Criminal Procedure Code s.135) — sentencing: age of victim borderline, breach of trust and pregnancy aggravating — sentencing must not reflect unconvicted acts.
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7 September 2017 |
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Appeal allowed where plaintiff complied with consent trial directions and dismissal for want of prosecution was unjustified.
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Civil procedure — dismissal for want of prosecution; inordinate delay; missing court record; jurisdiction of deputy registrar; appeal from registrar as rehearing; appellate review of discretionary dismissals; costs.
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7 September 2017 |