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Citation
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Judgment date
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| September 2017 |
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Appeal allowed where plaintiff complied with consent trial directions and dismissal for want of prosecution was unjustified.
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 |
| August 2017 |
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Court upheld identification (corroborated by recovered police magazine) but consolidated multiple charges into one armed aggravated robbery and imposed death.
Criminal law — Identification evidence — courtroom ID of injured witness justified where parade impracticable; corroboration by recovery of stolen police magazine and police identification — multiplicity of counts — defective information; substitution of conviction and mandatory sentence.
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9 August 2017 |
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Failure to explain the Section 138(1) proviso in a borderline-age defilement case prejudiced the unrepresented appellant; retrial ordered.
Criminal law – Defilement (Section 138(1) Penal Code) – duty to explain proviso to unrepresented accused in borderline-age cases – prejudice test from Mwaba/Nsofu/Mulonda – corroboration and identity – retrial ordered.
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9 August 2017 |
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Application for extension of time to appeal dismissed for lack of good cause and failure to comply with mandatory statutory leave requirement.
Civil procedure – Extension of time to appeal – Discretion under Order 13 rule 3 – Appellate court may consider merits – Industrial and Labour Relations Act s.85(3) mandatory 90‑day rule and leave requirement – Time‑bar.
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1 August 2017 |
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A signed offer letter constituted the binding contract; unsigned probation clause unenforceable; damages limited to two months' notice.
Employment law – signed letter of offer as binding contract; unsigned draft not incorporated – probation clause unenforceable; wrongful termination – measure of damages by reasonable notice; mitigation of loss.
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1 August 2017 |
| July 2017 |
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28 July 2017 |
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28 July 2017 |
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A single judge of the Court of Appeal cannot hear an interlocutory visitation application that would decide issues pending on appeal.
Court of Appeal — jurisdiction of single judge to hear interlocutory application overlapping with pending appeal; application misconceived where it would tamper with appeal; relevance of citizenship and reliance on s.15 Affiliation and Maintenance Act.
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27 July 2017 |
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Appellant failed to prove appointment or underpayment; lateral transfers caused embarrassment only and three months' damages were upheld.
Employment law – transfers and alleged demotion – acting in higher position versus formal appointment – entitlement to acting allowances and salary arrears – computation of terminal benefits under Collective Bargaining Agreement – damages for embarrassment/mental torture – appellate review of trial findings of fact.
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24 July 2017 |
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A tribunal cannot validly determine rights against unjoined or unserved persons; appeal court set aside the judgment.
Lands Tribunal – joinder and service of parties – proof of service – non-joinder of persons in possession – proceedings affecting non-parties invalid – Court of Appeal s24(1) review and setting aside of judgment.
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11 July 2017 |
| June 2017 |
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Court upheld murder conviction, rejecting self-defence and dereliction of duty claims; 50-year sentence affirmed.
Criminal law – murder – assessment of witness credibility; malice aforethought established by foresight of probable grievous harm; self-defence and provocation; alleged dereliction of duty in investigation; sentence review.
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30 June 2017 |
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A money judgment unconnected to a specific property does not confer a caveatable interest; caveat must be removed.
Lands and Deeds Registry Act—Sections 76, 77(1) and 79; caveatable interest—requirement of actual, enforceable nexus to specific land; money judgment alone not caveatable; Registrar’s role is procedural; caveat removal.
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30 June 2017 |
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Employee failed to prove he was off duty when tested; dismissal for being under the influence was lawful.
Employment law – dismissal for being at work under the influence of alcohol; burden of proof on employee; factual findings on duty status; admissibility of unsigned disciplinary minutes; substantial justice under Industrial and Labour Relations Act; appellate restraint on factual findings.
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29 June 2017 |
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Illness of a director did not frustrate the contract; no triable defence shown, default judgment upheld and pledged vehicle to be valued.
Civil procedure — Setting aside judgment in default — Requirement to explain default and to disclose a defence with real prospect of success; provisional assessment of merits permissible — Contract law — Frustration — illness of company director does not automatically discharge corporate contractual obligations — Enforcement of security; valuation of pledged vehicle.
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29 June 2017 |
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Appeal allowed: irregular recall and reply evidence rendered prosecutrix’s age unproven, conviction quashed and sentence set aside.
Criminal law – Defilement – Proof of age as essential element; Evidence – Recall of witnesses and evidence in reply; Judicial conduct – recusal and fair trial; Documentary evidence – business records admissibility; Criminal Procedure Code interpretation.
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28 June 2017 |
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Identification evidence and medical corroboration upheld conviction for rape; alibi held to be afterthought; sentence reduced from 25 to 20 years.
Criminal law – Rape – identification evidence and recognition – corroboration of sexual offence evidence – alibi: burden and police duty to investigate – appellate interference with sentence for excessiveness.
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28 June 2017 |
| May 2017 |
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Leave granted to seek judicial review of a Permanent Secretary's tariff directive; arbitration did not preclude review.
Administrative law — judicial review (leave stage) — illegality and ultra vires — tariff-setting under Electricity Act and Energy Regulation Act — procedural impropriety — arbitration clause not ousting court review where decision-maker is not party to arbitration agreement.
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8 May 2017 |
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The respondent's two-year sentence was increased where the trial judge misapplied sentencing principles, producing an inadequate punishment.
Criminal law – sentencing – causing grievous harm (s.224(a)) – appellate jurisdiction of the DPP – sentencing principles as law – aggravating factors: use of weapon, severe injury, aggressor, gender‑based violence – appellate intervention where sentence shocks conscience.
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3 May 2017 |
| April 2017 |
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Court affirmed murder conviction, finding relative-witness credible with corroboration and rejecting the accused's inconsistent self-defence account.
Criminal law — witness with possible interest (relative of deceased) — when corroboration required; assessment of demeanour and 'something more'; corroboration by independent evidence; credibility of accused's inconsistent statements; self-defence and provocation; flight as evidence of guilt.
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13 April 2017 |
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Conviction upheld where prosecutrix’s reliable daylight identification sufficed; unsubstantiated alibi not reasonably investigated.
Criminal law – Defilement – Single identifying witness – Corroboration and "special and compelling grounds" – Identification in daylight – Alibi – Prosecution duty to disprove where accused fails to provide particulars.
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12 April 2017 |
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A judge may not bypass prescribed restoration and appeal procedures; parties must comply with Order XXX Rule 10 before rehearing proceeds.
Civil procedure — Appeal from Deputy Registrar to Judge at chambers — rehearing — Order XXX Rule 10 (seven-day notice) — restoration of abandoned appeal — procedural compliance required — judge’s power to order discovery — Article 118 and procedural rules.
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11 April 2017 |
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Extension of time to file Record of Appeal granted due to transcript delay; Record to be filed within twenty-one days.
Court of Appeal Rules (Order XIII) – extension of time to file Record of Appeal – application under rule 3(3) – interplay with rule 3(2)’s twenty-one day requirement – sufficiency of delay of transcript as reason – discretionary grant of limited extension.
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6 April 2017 |
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Court granted leave to file additional grounds of appeal and refused to decide their merits at the interlocutory stage.
Appeal procedure – leave to file additional grounds of appeal – Order X r9(2)&(3) Court of Appeal Rules – no need to invoke English Rules under s8(2)(a) – interlocutory applications should not decide merits – costs in the cause.
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4 April 2017 |
| March 2017 |
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An accidental open fracture leading to infection was held the proximate insured cause, making the insurer liable within policy territory.
Insurance law – Group personal accident – Proximate cause: open compound fracture permitting infection held operative cause of subsequent sepsis/DIC and amputations – "bodily injury caused by accidental, violent, external and visible means" – chain of causation; Territorial limits of policy; Admissibility and weight of unsworn medical reports vs expert opinion on records.
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29 March 2017 |
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Insurer liable where amputations were proximately caused by infection entering through an accidental open fracture occurring within policy territory.
Insurance law — proximate cause — accidental bodily injury defined as violent, external and visible means — consequential infection/sepsis and DIC as proximate results of an open fracture — territorial limits of policy; admissibility and weight of expert opinion.
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29 March 2017 |
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Late review based on a provisional offer failed: evidence was discoverable earlier and immaterial against a registered title.
Civil procedure – Review under Order 39 High Court Rules – Late application and implied leave – Fresh evidence tests (Jamas Milling; Ladd v. Marshall) – Discoverability with due diligence – Provisional offer vs. document of title – Abuse of process.
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29 March 2017 |
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Defective voir dire and inadequate corroboration (including biased relatives and inconclusive medical evidence) led to quashing of incest conviction.
Criminal law – Juveniles Act s.122 (as amended) – voir dire requirements – child must be sufficiently intelligent and understand duty to speak truth; Evidence – corroboration required where child’s prosecution evidence admitted – independent corroboration necessary; Relatives as witnesses – potential bias and danger of false implication; Medical evidence – inconclusive report insufficient to corroborate sexual assault allegations; Retrial – not ordered where foundational evidence deficient and retrial would prejudice accused.
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21 March 2017 |
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Appeal dismissed: relatives’ uncorroborated evidence can be relied on where inconsistencies do not affect the core offence.
Criminal law – arson; identification in daylight; witnesses related to complainant – corroboration not always required; appellate review of credibility and inferences; land dispute as context for crime.
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17 March 2017 |
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Identification, corroborated by possession of the getaway vehicle and ballistic evidence, upheld conviction and death sentence under s.294(2).
Criminal law – Identification evidence – reliability and corroboration; Common purpose/joint enterprise – liability for acts within scope of design; Corroboration by possession of getaway vehicle and ballistic evidence; Admissibility of alleged admissions – need to test voluntariness; Sentence – aggravated robbery under s.294(2) (firearm) and death penalty.
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17 March 2017 |
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Murder convictions unsafe without medical causation evidence and defective voire dire; convictions substituted to assault under s.224(a).
Criminal law – causation in homicide – necessity of calling author of post-mortem or medical expert where cause of death is stated as "kwashiorkor with septic burns"; Juveniles Act s.122 – twofold test (intelligence and understanding duty to speak truth) and effect of defective voire dire – discounting child evidence; admissibility of confessions to non-authority family members; appellate substitution of conviction and sentence to lesser offences (s.224(a)).
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17 March 2017 |
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Cogent circumstantial evidence and a weapon identified by the appellant sustained the murder conviction despite an inducement-related misdirection.
Criminal law – murder; circumstantial evidence – inference must be the only reasonable inference; leading accused to scene – voluntariness/inducement; admissibility of real evidence obtained after impermissible inducement.
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17 March 2017 |
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Conviction for armed aggravated robbery unsafe where air pistols weren't firearms and identification relied on clothing and dock ID.
Criminal law — Aggravated robbery — distinction between armed and ordinary aggravated robbery — definition of "firearm" excludes ordinary air guns; Identification — dock identification based on clothing without prior parade unsafe; Admissibility — admissions/leading/demonstrations require warn-and-caution and formal confession; Judgment standards — trial judge must evaluate evidence and give reasons per s169 CPC.
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17 March 2017 |
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Defective voire dire and lack of independent corroboration rendered the conviction unsafe; appeal allowed and conviction set aside.
Criminal law – Incest – Juveniles Act s122 as amended – Voir dire requirements: child must possess sufficient intelligence and understand duty of speaking the truth – unsworn evidence no longer permitted – child evidence requires corroboration – Corroboration: independent material evidence required to establish commission and identity – relatives and interested witnesses may be suspect where motive or custody dispute exists – inconclusive medical reports insufficient corroboration – retrial not ordered where prosecution case lacks requisite corroboration.
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17 March 2017 |
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A 30-year sentence for manslaughter was substituted with 5 years where the trial court failed to credit plea and first‑offender mitigation.
Criminal law – Sentencing – Manslaughter (maximum life imprisonment) – Requirement to consider plea of guilty and offender's antecedents – Sentences that are manifestly excessive may be substituted – Aggravating factors must be supported by evidence.
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16 March 2017 |
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Failure to properly admit an accused's inculpatory statement rendered the murder conviction unsafe; conviction set aside.
Criminal law – Murder – Admissibility of accused's incriminating statement – Requirement for warning/caution and trial court inquiry before admitting statement – Confession of co-accused and non-adoption – Circumstantial evidence and safety of conviction – Misdirection leading to setting aside conviction.
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16 March 2017 |
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Circumstantial evidence found sufficiently cogent to exclude suicide; conviction and death sentence for murder upheld.
Criminal law – Circumstantial evidence – Cogency required to exclude other hypotheses; treatment of relatives as potentially interested witnesses; post-mortem evidence and need for pathologist's oral testimony; malice aforethought and sentencing (death).
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16 March 2017 |
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A reliable single identifying witness can sustain a conviction despite a misdirected finding about weapon recovery.
Criminal law – identification evidence – single identifying witness – when corroboration is required; witness with possible interest – spouse not automatically biased; misdirection on factual finding regarding weapon recovery.
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16 March 2017 |
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7 March 2017 |
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The appellant obtained a 30‑day extension to file the record and heads due to the transcript not being typed.
Court of Appeal — Extension of time to file record of appeal — Court of Appeal Rules (Order VII and Order XIII) — untimely transcription of proceedings — application granted — costs in the cause.
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2 March 2017 |
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Court granted 60‑day extension to file appeal record and heads, holding res judicata challenge should await the main appeal.
Civil procedure — extension of time to file record and heads of argument — sufficient cause — transcript delay and office recess — res judicata objection to be determined in main appeal — discretionary relief granted.
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1 March 2017 |
| February 2017 |
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Failure to explain the statutory proviso and unresolved doubts about the victim's age rendered the defilement conviction unsafe.
Criminal law – Defilement – Section 138(1) proviso – Duty to explain statutory defence; Age of prosecutrix as essential ingredient — altered birth record raises reasonable doubt; Failure to explain proviso can be fatal; conviction quashed; retrial refused.
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16 February 2017 |
| January 2017 |
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A single Judge lacks jurisdiction to determine an application involving the decision of an appeal; ex parte stay discharged.
Court of Appeal Act s.9 — Jurisdiction of single Judge — Application involving decision of an appeal — Ex parte stay of execution — Discharge for lack of jurisdiction; costs awarded.
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18 January 2017 |
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Demolition of permanent structures in a power wayleave was lawful; ministerial order under s.18(2) is not mandatory.
Electricity law – wayleave – erection of buildings under transmission/distribution lines – temporary planning permission versus permanent structures – Section 18(2) Electricity Act; operator’s power to request removal and optional recourse to Minister – credibility of witnesses and appellate review of findings of fact.
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17 January 2017 |
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Improper use of a summons for an extension application was curable; appellant ordered to substitute with the required Notice within 14 days.
Civil procedure — Court of Appeal Rules Order 13 (extension of time) — application to be by Notice in Form 23 — procedural non‑compliance curable by amendment under Order 8 — Chikuta inapplicable to interlocutory applications — costs awarded.
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16 January 2017 |
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A single judge cannot grant stay of execution where the appeal challenges the trial court's refusal to grant that stay.
Civil procedure — Stay of execution — Competence of single judge — Court of Appeal Act s.9 and Order VII(2)(1) Court of Appeal Rules — Appeal against refusal to stay — Procedural jurisdiction; substantive promissory estoppel not decided.
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16 January 2017 |
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Consent between parties cannot replace a court application to extend time to file a notice of appeal; inadequate reasons justified refusal.
Civil procedure – extension of time to file notice of appeal – parties cannot consent to out-of-time filing – Court of Appeal Rules Order XIII Rule 3 – applicant must state circumstances causing delay – discretion exercised having regard to adequacy of reasons and prospects of success.
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14 January 2017 |