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Citation
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Judgment date
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| December 2020 |
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A consent order is ordinarily impeachable only by commencing a fresh action, not by application within the same proceedings.
Civil procedure – consent orders/judgments – impeachment of consent order – proper procedure is commencement of a fresh action; Obiter dicta v ratio – Paluku comments not binding; Functus officio – effect of sealing/endorsement of consent order; Order 42 Rule 5A (White Book) – endorsement/signature issues do not permit setting aside within same cause; Joinder of non‑parties before fresh action.
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24 December 2020 |
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Appellant's challenge to arbitral awards dismissed; awards held within arbitration scope and not contrary to public policy.
Arbitration — setting aside arbitral award — scope of submission to arbitration; public policy and ex turpi causa; strict rules of evidence vs substantial compliance; reliance and expectation damages; jurisdiction and arbitrability; intelligent guess quantification of damages.
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23 December 2020 |
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Whether a Certificate of Title can be cancelled for alleged fraud, tax under‑declaration, or non‑Zambian ownership eligibility.
Land law — Certificate of Title — Section 33 and 54 Lands and Deeds Registry Act — cancellation only on proved fraud or impropriety; Alleged tax under‑declaration is a matter for ZRA and does not alone invalidate title; Burden of proof on party alleging ineligibility of non‑Zambian purchaser; Admission of additional grounds in heads if respondent had opportunity to contest.
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15 December 2020 |
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Change of corporate name does not defeat suit; court should substitute correct corporate name and remit for trial.
Civil procedure – Order 14A RSC – summary determination of question of law; Companies law – change of name does not affect rights or render proceedings defective; Locus standi – proper corporate party and substitution/joinder; High Court inherent jurisdiction to substitute parties rather than dismiss for misjoinder.
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14 December 2020 |
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Persons who assume control of trust property can be held personally liable; claims against seized goods must be lodged within five days.
Trusts and trustees – trustee de son tort – personal liability for assuming control of trust property; Execution of judgment – writ of fifa – validity of execution against persons who assumed trustee functions; Civil procedure – Order 42 High Court Rules – interpleader/claims against goods seized by Sheriff – five-day claim period; Corporate personality – separate legal entity of registered trustees; Proof of ownership – brand certificates and timeliness of claims.
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10 December 2020 |
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A renewed application permits new matters; Order 33/3 cannot be invoked independently of Order 14A RSC.
Civil procedure — preliminary issue — Order 33/3 RSC not stand-alone; must be read with Order 14A — renewal v. appeal — renewal allows fresh matters.
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8 December 2020 |
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In a renewed injunction application, the court held new aspects permissible and dismissed the preliminary objection.
Civil procedure — Court of Appeal — Preliminary objection — Order 33(3) RSC not standalone; must be read with Order 14A — Distinction between renewal and appeal — New material permissible in renewal — Preliminary objection dismissed.
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8 December 2020 |
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The appellant's challenge to the Registrar's registration was dismissed for lack of goodwill and insufficient evidence of public confusion.
Company names – Registrar’s discretion under s.37(3) – likelihood of confusion – passing off – requirement of goodwill – sufficiency of evidence of confusion (unproven misdelivery) – distinguishing features in composite names.
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6 December 2020 |
| November 2020 |
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Appellant's challenge to defilement conviction dismissed; age, medical evidence and alibi issues found insufficient to overturn conviction.
Criminal law – Defilement – proof of age and penetration – admissibility and sufficiency of medical report without oral evidence of examining doctor – alibi particulars and duty to investigate – effect of minor inconsistencies in prosecution evidence.
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20 November 2020 |
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Employer's failure to assess or give reasons made the termination unlawful; 36-month damages reduced to three months.
Employment law – probation and confirmation – employer's duty to assess and notify shortcomings; wrongful/unlawful termination for failure to give reasons/notice (Employment Act s.36); distinction between termination and summary dismissal; assessment of damages for loss of employment – when courts may depart from notice period and appellate interference where award is excessive.
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20 November 2020 |
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Procedural defects in the record do not bar a Supreme Court-ordered rehearing; appeals dismissed and matter remitted for substantive hearing.
Appeal from Subordinate Court — Supreme Court order for re-hearing — effect on requirement for leave to appeal; Record of Appeal completeness — Order 44 (Subordinate Court Rules) and Order 47 (High Court Rules); jurisdiction to hear appeal despite missing magistrate's notes; res judicata and prior High Court rulings; joinder of parties; exercise of discretion as to costs.
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20 November 2020 |
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Taxing Master must issue a certificate of taxation; absence of certificate invalidates a review application under Order 40/5 HCR.
Civil procedure — Taxation of costs — Taxing Master must tax bill and issue certificate of taxation — Certificate is condition precedent to review under Order 40/5 HCR — No right of appeal in place of review — Taxing Master must refer legal issues to a Judge.
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20 November 2020 |
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An illegal sale of deceased's estate (without court authority) is unenforceable, but repayment claims for monies paid remain recoverable.
Intestate Succession Act s19(2) — Sale of estate property without prior court authority renders sale null and void; High Court jurisdiction — illegality does not automatically bar restitution claims; recovery of monies paid under illegal contracts — unjust enrichment principle; pleadings and admissions; costs against legally aided parties.
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20 November 2020 |
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Appeal against 45-year sentence for incest dismissed; threats, non-consent and resulting pregnancy were aggravating factors.
Criminal law – Incest – Consent and aggravating factors – Pregnancy as aggravation where intercourse procured by force and threats – Prevalence of offence and deterrent sentencing – Appellate review of sentence (Jutronich three-question test).
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20 November 2020 |
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Conviction for defilement quashed because a child under 14 testified without the mandatory voir dire.
Juveniles Act s122 – mandatory voir dire for witnesses under 14; competence to testify; proof of age (parental/best evidence); admissibility of child evidence; defilement conviction; retrial ordered under s16 Court of Appeal Act.
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20 November 2020 |
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Whether a mortgagee must account differs between exercising a contractual power of sale and selling after court-ordered foreclosure.
Mortgage law - duty to account; distinction between contractual power of sale and sale after court-ordered foreclosure; leave to appeal—section 13(2) Court of Appeal Act; quantum disputes in foreclosure proceedings.
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20 November 2020 |
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Appeal dismissed: writ commencement and commercial classification upheld; tenancy at sufferance and service issues are factual matters for trial.
Civil procedure – mode of commencement – where statute prescribes procedure it must be followed; absent applicable statute writ of summons permissible; commercial action – Order LIII/Rule 1 – inclusion in Commercial List; factual issues (tenancy at sufferance vs caretaking) require trial; service of process properly effected; appeal dismissed.
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20 November 2020 |
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A contributor who gives notice to be heard may seek a stay of winding‑up proceedings and referral of shareholder disputes to arbitration.
Companies law – winding up on just and equitable ground – shareholder disputes under shareholders' agreement – arbitration clause – stay of proceedings under s.10 Arbitration Act – locus of contributor who filed notice under s.60(3) Corporate Insolvency Act – arbitrability versus public policy and third‑party creditor interests.
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20 November 2020 |
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A taxing officer must halt taxation and refer preliminary legal issues to a judge; costs require an express 'taxation forthwith' order to be taxed early.
Civil procedure — Taxation of costs; Order 62/8 RSC — 'Taxation forthwith' requirement; jurisdiction — taxing officer vs Judge on preliminary issues of law; power to halt taxation and refer issues; quashing irregularly taxed bills.
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20 November 2020 |
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Unexplained contemporaneous circumstantial evidence and odd coincidences can sustain murder convictions and common‑purpose liability.
Criminal law – Circumstantial evidence – standard that only one inference be permissible; admissibility of electronic call records – s.8(4) ECT Act certification requirement; odd coincidences as corroboration; common purpose/joint enterprise liability.
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19 November 2020 |
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Order 14A dismissal requires a filed defence as notice of intention to defend; a conditional memorandum is insufficient.
Civil procedure – Order 14A applications – mandatory prerequisites – notice of intention to defend requires filing a defence (Order 11 Rule 1); conditional memorandum insufficient – preliminary points of law not to be determined without compliance with procedural requirements.
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19 November 2020 |
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Default judgment entered under inapplicable rules set aside; matter remitted for trial, no need to prove defence when entry irregular.
Civil procedure — Default judgment — Irregular entry under wrong High Court Rules (Order 12 Rules 6 & 7) — Order 12 Rule 8 requires plaintiff to proceed as if defendant had appeared — Irregular default judgment can be set aside without proving an arguable defence — Remittal for trial.
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19 November 2020 |
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Whether the respondent disclosed a reasonable cause of action challenging distraint of goods under alleged receivership.
Civil procedure — strike out — whether writ discloses reasonable cause of action — "plain and obvious" test; Distress law — landlord's right to distrain versus rights of receiver/floating charge; receivership and priority disputes are substantive issues for trial; abuse of process threshold.
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19 November 2020 |
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Whether fatal-accident claims are time-barred where the Law Reform Act substituted a three-year limit for twelve months.
Limitation of actions — Fatal Accidents Act 1846 — Law Reform (Limitation of Actions, Etc) Act — amendment substituting "three years" for "twelve calendar months" — interpretation of statutory time limits — effect on statute-barred defence.
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19 November 2020 |
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Appeal dismissed for failing to renew leave for judicial review under Order 53; interlocutory appeal lacked required leave.
Judicial review — leave to apply — Rules of the Supreme Court (Order 53, Order 59) — renewal of leave before Court of Appeal within seven days — appealability of leave refusal; interlocutory orders — leave under s.23(1)(e) Court of Appeal Act; trial judge’s role on leave applications.
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19 November 2020 |
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Appellant’s violent assault causing fatal injuries established malice aforethought; provocation defence unavailable and appeal dismissed.
Criminal law – Murder v. manslaughter – malice aforethought – proof by nature and severity of injuries; identification and witness credibility; defence of provocation (ss.205–206 Penal Code) – objective test of proportionality.
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19 November 2020 |
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Whether relatives’ uncorroborated identification was safe and whether a belated, unparticularized alibi could be rejected.
Criminal law – Identification by relatives – When relatives’ evidence requires corroboration; Alibi – duty to raise particulars promptly; Warn and caution statements – effect when defence introduces them; Joint enterprise – liability where cumulative assaults cause death.
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18 November 2020 |
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Whether non‑matrimonial assets may be considered in post‑divorce property adjustment and maintenance and whether that legal question is suitable for determination under Order 14A.
Family law — Property adjustment and maintenance after divorce — Distinction between matrimonial (family) and non‑matrimonial property — Whether non‑matrimonial assets are distributable — Relevance of income from non‑matrimonial assets to maintenance (s.56 Matrimonial Causes Act) — Order 14A RSC: determination of questions of law without full trial.
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17 November 2020 |
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Joinder of a parent company was improper where no evidence showed it contracted with or authorized the subsidiary's actions.
Company law – Separate legal personality; joinder – proper test for joining a parent company; agency – no evidence subsidiary acted on behalf of parent; civil procedure – joinder set aside.
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16 November 2020 |
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Explanation of proviso suffices; alibi need not be proved by accused; prosecutrix over 14 permits conviction on uncorroborated evidence.
Criminal law – defilement – alibi: burden to negative an alibi lies with prosecution; trial court must explain proviso to unrepresented accused but need not ensure comprehension. Juveniles Act s122 – no corroboration required for prosecutrix over 14. Corroboration and hearsay – neighbours' statements inadmissible as corroboration; special and compelling grounds may justify conviction on uncorroborated evidence.
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13 November 2020 |
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Circumstantial evidence and undisputed postmortem findings supported a murder conviction and death sentence.
Criminal law — Circumstantial evidence — David Zulu test — sufficiency to exclude reasonable doubt; Postmortem evidence — calling pathologist; Murder — malice aforethought; Sentencing — absence of extenuating circumstances; Death penalty upheld.
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13 November 2020 |
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Appellant's challenge to a 40-year rape sentence dismissed; victim’s age and brutal conduct justified the severe sentence, ordered concurrent.
Criminal law – Sentencing – Appeal against sentence – Application of Jutronich test – Whether sentence wrong in principle or manifestly excessive – Aggravating factors: victim’s age and brutal conduct – First offender and remorse as mitigating factors – Concurrency of sentences where offences arise from one course of conduct.
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13 November 2020 |
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13 November 2020 |
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Applicant's uncorroborated belief in witchcraft did not qualify as an extenuating circumstance; death sentence upheld.
Criminal law – Murder – Extenuating circumstances – Belief in witchcraft must be evidence‑based to amount to provocation; premeditation, forensic evidence and inconsistent testimony may defeat such a defence.
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13 November 2020 |
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Court reduced and recalculated damages, applying weekly-rate method adjusted for currency depreciation and requiring viva voce evidence where ordered.
Motor-vehicle negligence; assessment of damages — pain and suffering (weekly tariff v lump sum) — adjustment for currency depreciation — loss of expectation of life — loss of dependency — requirement for viva voce evidence at assessment.
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6 November 2020 |
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Whether extension of time and a stay of execution should be granted pending appeal where delay was caused by COVID‑19 and an arguable defence exists.
Civil procedure — extension of time to appeal — stay of execution pending appeal — maintenance of status quo — amendment of memorandum of appeal permitted — COVID‑19 disruptions as acceptable explanation for delay — no order for payment into court/escrow.
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6 November 2020 |
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A default judgment cannot be entered for declaratory relief or while further particulars are pending; triable issues require trial.
Civil procedure — Default judgment — Declaratory relief — Default judgment irregular where declaration sought; pending further and better particulars — court ought to determine particulars before default judgment; setting aside default judgment where triable issues disclosed and reasonable explanation for delay.
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4 November 2020 |
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An arbitral award will not be set aside for fraud absent distinct, material proof and a causal effect on the award.
Arbitration — Setting aside award — Fraud, misrepresentation or serious irregularity — High/heightened burden of proof and causative link required; waiver and failure to produce evidence at arbitration preclude later challenge; courts will not act as appellate tribunals on merits or quantum.
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4 November 2020 |
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A written part-payment acknowledged by the debtor restarts limitation, so the employment claims were not statute-barred.
Limitation of actions – accrual of cause of action – written part-payment/acknowledgement under s.23(4) Limitation Act 1939 – effect on six-year limitation period; res judicata – scope and requirements; jurisdiction – effect of arbitration to which claimant is not party; appellate procedure – issues not raised below not entertained.
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4 November 2020 |
| October 2020 |
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The court upheld conviction where the victim's brother proved age; a school register was inadmissible and the proviso defence was inapplicable.
Criminal law – Defilement (s.138(1) Penal Code) – Proof of age as essential ingredient; Evidence Act – admissibility of official records (school register) – requirement that supplier have personal knowledge; Proviso defence – reasonable belief as to age – not available where accused denies the act; Appeal – sufficiency and credibility of evidence.
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23 October 2020 |
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Appellant's defilement conviction and 25-year sentence upheld; opportunity evidence corroborated identity.
Criminal law – Defilement – Proof of age and sexual intercourse – Corroboration by opportunity – Credibility and alibi – Appellate deference to trial findings – Sentence review.
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23 October 2020 |
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Superior-court stay maintained status quo; parallel application in High Court found abusive despite High Court having jurisdiction over enforcement matters.
Civil procedure — enforcement — Writ of Fieri Facias — stay of execution — abuse of court process where superior court stay already in place — jurisdiction of High Court to entertain enforcement matters.
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23 October 2020 |
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Whether pursuing multiple stays of execution in different courts to restrain enforcement of the same judgment amounts to abuse of process.
Enforcement — stay of execution — jurisdiction of High Court to entertain enforcement matters arising from appellate judgments; Abuse of process — multiplicity of actions and forum shopping where multiple stays sought over same judgment; Fieri facias — endorsement of interest where judgment specifies principal and rate; Appellate review — distinguishing mere background statements from findings of fact.
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23 October 2020 |
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Superior-court stay rendered the High Court application to stay execution an abuse of process; interest endorsement followed the judgment.
Civil procedure – enforcement of judgment – stay of execution – effect of superior court stay; writ of fieri facias – endorsement of interest where judgment specifies principal, rate and period; abuse of process – forum shopping and multiplicity of proceedings.
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23 October 2020 |
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VAT on settlement capital is not chargeable where a finance lease is terminated by accidental destruction; appeal dismissed.
VAT – finance lease – settlement capital – termination by accident; supply of services for VAT purposes; insurance payout; bank–customer duties; improper crediting between lease accounts; unjust enrichment; damages for breach of contract; reconciliation of lease accounts.
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23 October 2020 |
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Dispute over bill of lading amendment and unauthorized transshipment: both breached, appellant liable for loss; counterclaim dismissed.
Bill of lading amendment — timing and control; pre-clearance of customs release; unauthorized transshipment; breach of contract; proof of special damages; costs follow the event.
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22 October 2020 |
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Res judicata does not bar subsequent ongoing transactions; the respondent's unsigned reconciliation did not revive a time‑barred claim.
Civil procedure — res judicata — doctrine applies only to matters actually litigated or capable of being litigated in prior proceedings; ongoing subsequent transactions not disputed are not barred. Limitation — acknowledgment of debt — section 23(4) Limitation Act 1939 requires a written and signed acknowledgment; unsigned reconciliation statements do not restart limitation period. Result: claims for October 2011–July 2012 held time‑barred.
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22 October 2020 |
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Court upheld first appellant's convictions on cogent circumstantial evidence but quashed second appellant's conviction for lack of corroboration.
Criminal law — murder and aggravated robbery — circumstantial evidence considered collectively; accomplice (suspect) witness requires corroboration; alleged confession must be corroborated; leading police to recovery of weapon does not alone establish culpability.
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15 October 2020 |
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Whether cumulative circumstantial evidence sustained the first appellant's convictions and whether the second appellant's alleged confession was corroborated.
Criminal law – Circumstantial evidence – cogency and cumulative assessment; corroboration of suspect/accomplice witnesses; proof of possession/robbery; admissibility/weight of alleged confessions.
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15 October 2020 |
| September 2020 |
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Leave granted to judicially review Ministerial common-carrier declaration and ERB interim wheeling tariff; stay refused.
Judicial review — Leave to apply — Ministerial declaration of transmission/distribution lines as common carrier (Electricity Act s.15) — Interim wheeling tariff by ERB — Alternative remedies and appeal routes — Abuse of process — Locus standi — Arguable case (illegality, procedural impropriety, improper motive) — Stay refused.
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29 September 2020 |