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Citation
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Judgment date
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| October 2019 |
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Court refused to interpret its judgment under Order 6 because an appeal to the Supreme Court was intended, dismissing the application.
Civil procedure — Interpretation of court judgments — Order 6 Court of Appeal Rules — Court declines to interpret its judgment where an appeal is intended — Application dismissed, no costs.
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28 October 2019 |
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An appellate court allowed an appeal where the trial judge substituted an un‑pleaded breach of confidentiality claim and reporting was mandated by a Bank of Zambia directive.
Civil procedure – pleadings define cause of action; submissions cannot introduce un‑pleaded causes; banking confidentiality – Bank of Zambia directive (2008) mandates credit reporting, invoking s.50(1)(c) and obviating express consent; factual finding of default supported by evidence.
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25 October 2019 |
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Whether confession and corroborative independent evidence removed reasonable doubt to sustain a murder conviction.
Criminal law – murder – circumstantial evidence versus confession – suspect witnesses and danger of false implication – corroboration – admissibility of confessions to non‑authorities (village headman/neighbour).
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25 October 2019 |
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Where a claimant adduces uncontradicted courtroom evidence of negligence, absent any rebuttal, liability may be established on a balance of probabilities.
Civil liability – motor collision – pleading versus evidence – pleadings define issues but are not evidence; prima facie case shifts burden to defendants to rebut; failure to call evidence entitles claimant to succeed on balance of probabilities; damages under Fatal Accidents Act and Law Reform Act.
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25 October 2019 |
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Appeal dismissed: circumstantial evidence and relatives' testimony upheld where "something more" showed only inference of guilt.
Criminal law — Suspect witnesses — Relatives of victim not automatically suspect; court must assess bias before requiring corroboration; uncorroborated relative testimony may suffice if no danger of false implication. Circumstantial evidence — conviction permissible only where evidence is cogent and permits only inference of guilt; "odd coincidences" or "something more" may corroborate. Appellate review — findings of fact by trial judge not disturbed unless perverse or unsupported by evidence
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25 October 2019 |
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Reorganisation changing reporting lines did not amount to demotion or constructive dismissal absent contract breach or pleaded/proved relief.
Employment law — Constructive dismissal; unilateral variation of contract; demotion (change in reporting lines and loss of committee membership); necessity of pleading and proving specific reliefs; evidence and contract terms; costs.
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25 October 2019 |
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Belief in witchcraft, without reasonable fear of immediate danger, does not excuse murder nor prevent conviction.
Criminal law – Murder – Belief in witchcraft and provocation/extenuation – Requirement of reasonable fear of immediate danger – Suspect witnesses – relatives not automatically requiring corroboration; danger of false implication must be assessed.
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25 October 2019 |
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Appeal dismissed: identification evidence by known witnesses and post-mortems were sufficient to uphold convictions and sentences.
Criminal law – Identification evidence and recognition – witnesses who knew accused – reliability at dusk/traumatic scenes; Suspect witness and possible interest to serve; Corroboration and appellate review of credibility; Post-mortem reports as proof of cause of death; Common purpose and malice aforethought in group attacks.
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25 October 2019 |
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Employer's abusive conduct and failure to investigate grievance breached implied trust, amounting to constructive dismissal of the respondent.
Constructive dismissal – implied term of mutual trust and confidence – failure to investigate grievance – 'last straw' principle – burden of proof and failure to call key witness – costs under Industrial and Labour Relations Act Rule 44(1).
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25 October 2019 |
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Appeal dismissed: circumstantial evidence, possession of victim’s phone and flight justified inference of guilt.
Criminal law – circumstantial evidence – inference of guilt – last seen evidence – possession of victim’s property – attempt to flee – appellate review of credibility findings.
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25 October 2019 |
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Single-witness identification upheld with corroborative threats; defective voire dire on juvenile evidence was harmless; convictions and sentences affirmed.
Criminal law – identification evidence – single identifying witness and corroboration; Juveniles Act s.122 – voire dire and reception of child evidence; alibi – duty to raise and investigate; sentencing – appellate interference only if sense of shock.
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25 October 2019 |
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Appeal dismissed: identification and ownership proved despite unregistered brand; High Court rightly overturned magistrate's acquittal.
Criminal law – stock theft – identification evidence and suspect witnesses – caution against false implication – appellate review of perverse findings; Animal Identification Act – registered brand mark presumption vs. other proof of ownership.
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25 October 2019 |
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Service charge under the Tourism Act is applied to the net bill after statutory deductions; appellants failed to prove underpayment.
Tourism and Hospitality Act s54 – Service charge computation – gross invoice versus net bill after statutory outgoings (VAT, levies); scope of "tourism-related services" – ministerial prescription required; burden of proof for underpayment; appellate review of factual sufficiency.
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23 October 2019 |
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23 October 2019 |
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A council's provisional sale offer was withdrawable where ownership had been transferred to a separate water company.
Local government housing sales — Circular No.2 of 1996 (as amended) — provisional offer to sitting tenant — transfer of assets to separate water company — capacity to sell — withdrawal of offers issued in error — ministerial approval and section 67 Local Government Act.
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23 October 2019 |
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Appeal dismissed: non-registration of lease not raised below; tenant liable for three months' rent in lieu and appeal costs.
Land law – LeaseRegistration – Requirement to register leases exceeding one year under the Lands and Deeds Registry Act – Effect of non-registration; Civil procedure – Appeal – Issue not raised in the court below cannot be raised on appeal; Tenancy – Rent in lieu of notice – Measure of damages; Security deposit – claim where deposit not paid; Costs – costs follow the event.
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23 October 2019 |
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Service charge under the Tourism and Hospitality Act is calculated on the net bill; non‑prescribed tourism activities do not attract it.
Tourism and Hospitality Act s54(1) — interpretation; service charge payable on net bill after statutory outgoings (VAT, levies); Ministerial statutory instrument required to prescribe activities attracting service charge; burden of proof for underpayment.
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23 October 2019 |
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Pension claims arising after mediation are not automatically res judicata; consent orders cannot be nullified without an application.
Industrial Relations Court jurisdiction; pension claims and trust property; res judicata and mediation settlements; effect and sanctity of consent orders; nullification only on application; remittal for fresh directions.
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23 October 2019 |
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Failed provocation did not negate the murder conviction but amounted to extenuation, reducing the death sentence to 20 years.
Criminal law – Murder – Provocation: elements (act of provocation; loss of self-control; proportionate retaliation) – Excessive retaliation defeats provocation – Failed provocation may amount to extenuation – Sentence reduced from death to 20 years imprisonment with hard labour.
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23 October 2019 |
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Appeal dismissed; leave not required for injunction appeals, but ownership cannot be determined at interlocutory stage.
Appeals — interlocutory injunctions — leave to appeal not required (Court of Appeal Act s.23(1)(e)(ii)); Interlocutory relief — American Cyanamid principles — adequacy of damages for land disputes; Judicial practice — previewing prospects of success for stay applications; Procedure — limits on deciding ownership at injunction stage.
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22 October 2019 |
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The respondent lacked capacity to sue for the deceased's estate without letters of administration; appeal allowed.
Succession law — capacity to sue — letters of administration (Section 24 Intestate Succession Act); statute on surviving spouse entitlement (Section 9); appellate procedure — issue raised below; misjoinder/non-joinder; Article 118(2)(e) Constitution.
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17 October 2019 |
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Court refused leave to appeal and dismissed stay, finding proposed grounds lacked reasonable prospects of success.
Court of Appeal – Leave to appeal to Supreme Court – Section 13 Court of Appeal Act – grant where point of law of public importance or reasonable prospect of success; Civil procedure – Stay of execution – Order 59 Rule 13(2) Rules of Supreme Court – good and compelling reasons required; Employment/contract – voluntary undertaking in dismissal letter – estoppel/resiling from undertaking; Burden of proof – proof of merger/inclusion of allowance into salary.
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11 October 2019 |
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Appeal dismissed: covert recordings admissible when tendered by maker; terminations for alleged leaking were wrongful and 24-month damages justified.
Employment law – wrongful termination – delving behind notice clause – covert audio recordings tendered by their maker admissible – interception statute not fatal where maker testifies – damages for malicious termination, 24 months' salary upheld.
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9 October 2019 |