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Citation
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Judgment date
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| March 2021 |
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Appellant failed to prove fraud; registered purchasers protected by conclusive title and official search, appeal dismissed.
Property — Registered title and official certificate of search — Conclusive statutory effect (Lands and Deeds Registry Act ss.23, 33) — Challenge only on proof of fraud or operative mistake (s.34) — Purchaser from registered proprietor protected; no duty to investigate vendor’s acquisition (s.58).
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29 March 2021 |
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Certificate of title and official search are conclusive; appellant failed to prove fraud, appeal dismissed with costs.
Lands and Deeds Registry Act — Sections 23, 33, 34, 58–59; certificate of title and official search conclusive; fraud must be specifically pleaded and strictly proved; purchaser from registered proprietor protected; no duty to investigate vendor's acquisition; caveat and registration critical.
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29 March 2021 |
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Whether two disputed houses formed part of the deceased's estate and effect of partial payment on vesting and equitable reimbursement.
Intestate succession – land title – certificate of title and Lands Register entries conclusive under Lands and Deeds Registry Act – deed of assignment challenged; Property acquired in deceased’s name; deposit versus completion of contract – deposit alone does not vest property in estate; equity and reimbursement where majority of purchase price paid by another party; remedy: title cancellation/reissue and reimbursement with interest.
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26 March 2021 |
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Medical proof of defilement does not identify the perpetrator; independent admission and opportunity provided necessary corroboration.
Criminal law — Defilement — Corroboration: medical evidence corroborates commission, not identity — Danger of false implication from relative witnesses — Need to warn and exclude such danger — Independent corroboration (admission/confession to third party and opportunity) can supply "something more" to uphold conviction.
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26 March 2021 |
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Court upheld aggravated robbery conviction, finding identification by acquaintances reliable despite no identification parade.
Criminal law – Aggravated robbery – Identification evidence by acquaintances – Relatives not automatically 'interested' witnesses – Identification parade not mandatory – Alibi must be timely raised – Common purpose and use of firearm.
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24 March 2021 |
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Application for leave to appeal and joinder dismissed: proposed appeal lacked public importance and reasonable prospects.
Civil procedure — Leave to appeal to Supreme Court — Court of Appeal Act s13(3) — point of law of public importance — reasonable prospects of success — Intestate Succession Act s19(2) — sale of property without High Court consent — joinder — costs follow event.
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23 March 2021 |
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Circumstantial evidence—being last with the child, injuries, flight and admission—upheld the appellant's murder conviction.
Criminal law – Circumstantial evidence – Last person with victim – Postmortem head injuries – Flight and out‑of‑court admission to a private person – Inference of guilt.
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23 March 2021 |
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Leave denied: applicant failed to exhaust statutory complaint procedures and interlocutory referral is challengeable after trial.
Judicial review — recusal of trial magistrate — Article 28(2)(a) referral to High Court — Judicial (Code of Conduct) Act — exhaustion of statutory complaints — interlocutory decisions in criminal trials — appeal after trial.
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22 March 2021 |
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Whether the 1% arranger fee was of funds "raised" or of cash disbursed and whether adviser fees or architect fees were payable absent development commencement.
Contract construction – meaning of "amount raised" versus "disbursed"; arranger success fee split (0.7% land, 0.3% cash); termination and damages – notice and phases of contractual obligations; transaction-advisor/project-manager fees payable when development commences; quantum meruit and course of dealing – no implied obligation without regular, consistent dealings; judgment on admission – inadmissible at judgment stage where evidence contested and interlocutory rulings exist.
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17 March 2021 |
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Whether a mortgagee in possession must render a full account of receipts and prove credits, and whether trial accounting was properly determined.
Mortgage law — mortgagee in possession — duty to account for rents and profits; burden of proof at accounting lies on mortgagee in possession; clause in mortgage protecting lender's acts does not negate equitable duty to account; admissibility and sufficiency of evidence for credits (improvements, expenses, effects of squatters/mining); appellate correction of factual miscalculation and remit for final accounting.
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11 March 2021 |
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Appeal dismissed for want of prosecution under Order 10/7 CAR; costs awarded to the respondent.
Civil procedure – Court of Appeal Rules Order 10/7 – dismissal for want of prosecution – failure to file record of appeal and heads of argument – service and hearing in absence – costs.
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5 March 2021 |
| 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 |
| January 2021 |
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Whether a consultant who failed to secure agreed fiscal incentives had performed the mandate to earn the contractual flat fee.
Contract interpretation – letter of mandate – scope of obligations tied to clause requiring fiscal incentives – payment clause construed as dependent on full performance; extrinsic correspondence and conduct considered but did not vary written mandate; failure to secure statutory incentives defeats entitlement to flat fee.
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29 January 2021 |
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Fixed‑term employees who accept shorter renewal contracts and interviews cannot later claim redundancy or breach absent contractual incorporation of manuals.
Employment law – fixed‑term renewable contracts – effluxion of time vs wrongful termination – incorporation of employee/operations manuals into contract – redundancy and entitlement to redundancy/early retirement for fixed‑term non‑pensionable employees – retrospective application of statutory redundancy provisions.
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28 January 2021 |
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Whether a verbal engagement amounted to employment; court held appellant was an independent contractor and dismissed the appeal.
Employment law – contract of employment v independent contractor – degree and extent of control – oral contracts and statutory record-keeping – onus of proof and credibility of witnesses.
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28 January 2021 |
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The court granted the appellant a seven‑day extension to seek leave to appeal because the judgment copy was provided late.
Application for extension of time – Order XIII Rule 3(1) Court of Appeal Rules – leave to appeal to Supreme Court – Section 13 Court of Appeal Act – late provision of judgment copy – sufficiency of reasons – discretion to extend time.
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27 January 2021 |
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Late delivery of the written judgment justified a seven‑day extension to file for leave to appeal to the Supreme Court.
Extension of time – Order XIII Rule 3(1) – sufficiency of reasons – late provision of written judgment – leave to appeal – Section 13 thresholds – premature merit assessment
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27 January 2021 |
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Sitting tenancy without an offer and VIP classification do not entitle an occupant to purchase a government house.
Administrative law; government housing — Civil Service Home Ownership Scheme — eligibility requires sitting tenancy plus offer; VIP classification excludes sale; necessity of offer and acceptance; appellate review of factual evaluation.
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26 January 2021 |
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Administrator ordered to render account and distribute estate; paternity established on balance of probabilities without DNA test.
Intestate succession – Administrator’s duty to produce inventory and render account (Intestate Succession Act s.19) – Paternity in civil claims proved on balance of probabilities; birth records and witness evidence admissible – DNA testing requires formal application and may not be insisted upon informally – Court bound by record; party’s absence or voluntary departure from court affects right to contest evidence.
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22 January 2021 |
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Administrator's sale upheld; fraud unproven; sale (not loan) enforced; damages and costs against purchaser quashed.
Property law – administrator's sale under Intestate Succession Act s.19(2) – bona fide purchaser – fraud allegation standard of proof – contract of sale versus loan – time of the essence and notice to complete – registration of assignments out of time – awards of damages and costs.
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20 January 2021 |
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Conviction overturned where circumstantial phone evidence admitted alternative reasonable inferences, entitling appellant to benefit of doubt.
Criminal law — Circumstantial evidence and inferences — Phone found in stolen vehicle — Dock identification reliability — Benefit of doubt where alternative reasonable inferences exist.
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19 January 2021 |
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Court dismissed incompetent contempt motion for multiple procedural defects, including failure to obtain leave and improper record filing.
Contempt proceedings — leave to commence required (Order 52 White Book) — affidavit verifying facts — compliance with Supreme Court Rules (records and heads of argument) — amendment/withdrawal and re-filing of defective records — misdescription of parties and locus standi.
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18 January 2021 |
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Stay pending determination requires plausible prospects and special grounds; third‑party fraud allegations alone do not suffice.
Civil procedure — Stay of execution pending determination of main cause (Order 47/1 RSC) — Discretionary power to preview prospects of success — Consent judgments — Allegations of fraud/mistake relating to third party do not necessarily vitiate consent orders — Loss of land not adequately atoned by damages.
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13 January 2021 |
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Whether registration of a tribunal's refusal of leave for derivative claims bars a parallel derivative suit as res judicata.
Arbitration award – derivative actions – requirement of leave/permission to continue – refusal of leave by tribunal; registration of arbitral award – res judicata and abuse of process; nominal defendant’s right to challenge derivative proceedings; privies and issue estoppel; costs to successful respondents.
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13 January 2021 |
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Registered arbitral refusal of leave to pursue derivative claims barred parallel domestic derivative litigation as abuse and res judicata.
Arbitration – refusal of leave to pursue derivative claims – registration of arbitral award as domestic judgment – res judicata and multiplicity of actions; Derivative actions – role of nominal defendant – standing and procedural challenges; Privity – corporate control and application of issue estoppel; Costs – entitlement of all successful respondents where action dismissed.
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13 January 2021 |
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Whether a limitation defence can be enforced where a consent judgment reserved the issue despite no formal plea.
Limitation Act 1939 s.2(1)(a) – six-year bar for actions on simple contract; Consent judgment – binds parties and may reserve preliminary issues for determination; Amendment of pleadings – Order 20 r.3 RSC; Pleading limitation – Order 18 r.8(1) RSC; Limitation defence may be raised by plea, preliminary issue, or strike-out as abuse/frivolous/vexatious.
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12 January 2021 |
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Unilateral reduction of severance multipliers without express employee consent invalidated the changes; appeal dismissed.
Employment law – Variation of terms – Unilateral reduction of severance/ex‑gratia multipliers – Requirement of express consent – Implied/acquiesced consent caution – Inclusion of allowances in terminal benefit calculations – Circulars cannot downgrade fundamental conditions without employee consent.
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12 January 2021 |