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Citation
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Judgment date
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| February 2021 |
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Whether a unilateral variation of a basic employment term fixes the redundancy date and the salary for terminal benefits.
Labour law – unilateral variation of basic conditions of employment – discontinuance of long service gratuity – date of redundancy – computation of terminal benefits on salary applicable at date of variation; review of judgment – fresh evidence – materiality and relevance.
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26 February 2021 |
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A summary dismissal without being charged or heard violated natural justice; three months' salary awarded as damages.
Employment law — dismissal v termination — requirement to afford an employee an opportunity to be heard (audi alteram partem) — proof of abscondment — remedies for wrongful and unfair dismissal.
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26 February 2021 |
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An expired state lease does not extinguish title; a resettlement allocation cannot override a valid Certificate of Title.
Land law — expiry of state lease; s10(1) Lands Act — renewal not automatic extinguishment; s33/s34 Lands and Deeds Registry Act — conclusiveness of certificate of title; resettlement allocations — lack authority to confer proprietary interest; cancellation of title requires statutory grounds.
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26 February 2021 |
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Interlocutory attachment to preserve a disputed vehicle pending trial is proper despite a third‑party purchaser's claim of good faith.
Industrial Relations – Interim attachment of property – Interlocutory relief aimed at preservation not adjudication of title – Third‑party purchaser vs. interlocutory preservation order – Evidence of intent to dispose (auction) – Appellate review of discretionary interlocutory orders – Issues not raised below inadmissible on appeal.
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26 February 2021 |
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The applicant’s five‑year failure to file a record of appeal warranted dismissal for want of prosecution.
Civil procedure – Appeal procedure – Record of appeal – Duty of appellant to prepare and file record; inordinate delay and failure to prosecute; High Court (Appeals) (General) Rules (SI No.6 of 1984) – Public interest not a justification for procedural non‑compliance.
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25 February 2021 |
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Dispute over farm ownership: company incorporation validated title and subdivision; mesne profits and ex parte possession were set aside.
Companies law – incorporation and membership – expanded MBOT converted into a company acting for shareholders; Land law – Certificate of Title prima facie conclusive, cancellable only for pleaded and proved fraud; Property subdivision – lawful if effected by shareholder resolution and proportionate to contributions; Civil procedure – ex parte writ of possession issued without a possession order is irregular; Mesne profits – not recoverable absent proof a tenancy ended and appellant became trespasser.
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25 February 2021 |
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Consent judgments require endorsement by counsel of all parties; a filed notice of discontinuance was effective despite service omission.
Civil procedure – Consent judgment – Must be drawn in terms agreed, expressed "by consent" and endorsed by solicitors for each party; Notice of discontinuance – Effective when filed and notified to Registrar and parties; Change of advocates – Failure to serve former advocate is curable irregularity; Judicial practice – Trial judge should not volunteer rulings without affording parties opportunity to address; Appeal procedure – Objections to orders not before the appeal court are misconceived.
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25 February 2021 |
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Whether a trial court may hear forfeiture applications pending appeal and whether an appellate court can order forfeiture.
Forfeiture of property; Forfeiture of Proceeds of Crime Act s.11(4); Narcotic Drugs Act s.34; jurisdiction to order forfeiture; appellate court limits; third‑party claim in forfeiture proceedings.
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25 February 2021 |
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Appellant's summary dismissal for unauthorized use of employer fuel upheld; gratuity forfeited; parties bear their own costs.
Employment law - summary dismissal; disciplinary hearing and natural justice; unauthorized use of employer assets; contractual forfeiture of gratuity; costs follow event and judicial discretion.
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25 February 2021 |
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Court upheld interlocutory injunction restraining publication, finding the trial judge properly exercised her discretion under defamation injunction principles.
Defamation — interim injunction — Fraser v Evans criteria — irreparable harm and risk of repetition — fair comment defence — interlocutory discretion to decline adjournment — global injunctions (Shamwana v Mwanawasa).
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25 February 2021 |
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Continued use and payment for defective goods constitutes acceptance; speculative damages unsupported and appeal dismissed.
Sale of Goods Act 1893 – acceptance and rejection of goods – Section 35; merchantable quality and fitness for purpose; misrepresentation and burden to prove; damages – requirement of proof and quantification; waiver by conduct/acceptance.
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25 February 2021 |
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Appeal dismissed: cogent circumstantial evidence and unexplained recent possession of the deceased’s property upheld the murder conviction.
Criminal law – Circumstantial evidence – Recent possession of stolen property – Odd coincidences and opportunity to plant evidence – Reasonable explanation required for possession – Appellate review of factual findings.
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24 February 2021 |
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Appellants with ten years' continuous service at separation are entitled to transfer of past pension service; deferral until retirement is unlawful.
Pension law – portability and transfer of accrued past service – deferred/deferred pension abolished – accrued benefits payable on separation where parties' rollout terms so provide; Industrial Relations Division – costs limited to unreasonable delay or vexatious conduct; Civil procedure – cross‑appeal requirements and corporate separateness in assessing comparative practice evidence.
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23 February 2021 |
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Whether an extempore ruling suffices and whether the IRD has jurisdiction over employment-related bonuses, medical and flight claims.
Industrial Relations Division – jurisdiction – section 85(9)(c) ILRA – disputes arising from employment contracts – extempore ruling sufficiency – claims for salary/bonuses, medical insurance refund and flight entitlements.
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23 February 2021 |
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Omission to seal writ and to endorse addresses is curable; respondent ordered to cure defects and each party to bear own costs.
Court procedure – High Court Rules Order VI r.4 and Order VII r.1(1)(a) – sealing of writ and endorsement of physical, postal and electronic addresses – regulatory vs mandatory rules – curable irregularity; civil procedure – administrative duty of court officers to seal process; equity – limitation on invoking "clean hands" where no equitable relief sought; costs – judicial discretion and when appellate interference warranted.
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23 February 2021 |
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Proceeding on original aggravated robbery charges after amendment was a misdirection; prosecution failed to prove aggravated robbery beyond reasonable doubt.
Criminal law – amendment of charge – procedure following amendment (nolle prosequi and re-arrest) – aggravated robbery – burden of proof beyond reasonable doubt – failure to call key witnesses (complainant and assaulted guard) – recent possession – multiplicity of counts for single event – sentencing: requirement to specify term per count and concurrence.
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23 February 2021 |
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Commencing claims for declarations and damages by originating notice (instead of writ) deprived the High Court of jurisdiction; judgment void.
Civil procedure — mode of commencement — writ of summons versus originating notice of motion; Landlord and Tenant (Business Premises) Act — declarations and damages require writ and viva voce evidence; jurisdiction — wrong mode of commencement renders proceedings null and void ab initio; injunctions/statutory applications may be brought by originating notice in appropriate cases.
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4 February 2021 |