Results.
14 judgments found.
|
|
|
| April 2022 |
|
|
A lower court that has decided it has jurisdiction cannot later dismiss the same matter for lack of jurisdiction; second ruling quashed.
-
Civil procedure — res judicata / functus officio — lower court’s first ruling on jurisdiction precludes re-determination; constitutional jurisdiction — Article 128(3) and Article 147 — whether matter must be commenced in Constitutional Court; judicial review of preliminary issues.
|
29 April 2022 |
|
A subsequent High Court dismissal for lack of jurisdiction was barred by res judicata after an earlier ruling found jurisdiction.
-
Procedure — res judicata and functus officio — finality of rulings; Civil procedure — preliminary issues on jurisdiction; Constitutional jurisdiction — High Court v Constitutional Court under Article 128(3); Administrative remedies — exhaustion and ministerial engagement; Ultra vires challenges to levies and tolls (Local Government Act v Tolls Act).
|
29 April 2022 |
|
Appeal dismissed: issues on interest computation not raised below; written loan terms and statutory interest award upheld.
-
Civil procedure — appealability — objections not raised in trial court cannot be introduced on appeal; Contract — freedom of contract and enforceability of signed written loan terms; Interest on judgment — Section 2 Judgments Act permits interest up to Bank of Zambia lending rate; Solicitor-client relations — alleged private misrepresentation does not warrant appellate intervention.
|
27 April 2022 |
|
Court upheld identification and recent-possession findings but set aside unsafe s.294(2) convictions, substituting s.294(1) aggravated robbery convictions.
-
Criminal law — Identification evidence and parade — Recent possession — Aggravated robbery — Section 294(1) vs 294(2) — Requirement to prove firearm used was capable of being fired and linked to the offence — Substitution of conviction and sentence.
|
22 April 2022 |
|
Identification and recent-possession evidence upheld; conviction under s.294(2) set aside for failure to prove firearms used, substituted to s.294(1).
-
Criminal law — Aggravated robbery — Identification evidence and opportunity to observe — Recent possession as inference of guilt — Requirement to prove recovered firearms were the ones used to establish offence under section 294(2) — Substitution of conviction to section 294(1) and alteration of sentence.
|
22 April 2022 |
|
Appeal allowed: insufficient proof that assault caused death; conviction reduced to assault occasioning actual bodily harm.
-
Criminal law — murder vs causation — postmortem evidence and inconclusive forensic results; credibility and possible interest of police witnesses; substitution to lesser offence under s181(2) Criminal Procedure Code; assault occasioning actual bodily harm (s248 Penal Code).
|
22 April 2022 |
|
Failure to follow statutory conversion procedure nullifies title; Court ordered cancellation and reversion to customary tenure.
-
Land law — Conversion of customary tenure to statutory tenure — Mandatory statutory procedure and consultation — Failure renders conversion and certificate of title void; Equity cannot validate statutory non‑compliance; Cancellation of title and reversion to customary tenure.
|
21 April 2022 |
|
Whether the employer gave valid reasons for terminating fixed‑term employees and the appropriate remedies for wrongful termination.
-
Employment law — Termination of employment — Section 36 Employment Act — requirement to give valid reasons — fixed‑term contracts — wrongful termination remedies — measure of damages for loss and mental distress — accrued leave entitlement — costs under Industrial Relations Court Rules.
|
21 April 2022 |
|
Leave to appeal refused; proposed alternative conviction for abduction lacked legal and evidentiary basis.
-
Criminal law — defilement acquittal for unproved age — application for leave to appeal to Supreme Court under Section 13 — threshold of public importance — alternative/lesser conviction (abduction) — requirement to afford opportunity to defend — evidentiary insufficiency.
|
12 April 2022 |
|
Court allowed late production of a crucial, omitted document to ensure a fair trial, dismissing the employer’s appeal.
-
Civil procedure — Discovery and inspection — Late production of documents during trial — Court’s discretion to admit crucial omitted documents — Employer-employee bargaining power considered — Costs follow the event.
|
8 April 2022 |
|
An employed advocate may continue private practice; contracts with employer are not automatically illegal under Rules 24(2) and 27.
-
Legal Practitioners' Practice Rules — interpretation of Rules 24(2) and 27 — in-house counsel and private practice — illegality of contract — enforcement of contractual entitlements — quantum meruit (alternatively) — professional ethics and client interest.
|
8 April 2022 |
|
Whether an advocate employed in‑house may concurrently practise privately and enforce the employment contract.
-
Legal practitioners — Interpretation of Rules 24(2) and 27 of the Legal Practitioners’ Practice Rules — In‑house employment and concurrent private practice — Rule 40 public office restriction — Illegality and enforceability of contracts.
|
8 April 2022 |
|
Failure to comply with statutory appeal time limits robs the Court of jurisdiction; procedural delays cannot be excused to reach merits.
-
Court of Appeal procedure — Time limits for appeals (s.25 Court of Appeal Act; Order X R.3(5)) — Jurisdictional effect of non-compliance — Power of full Court to vary single-Judge decisions (s.9(b)) — Strict observance of Rules; procedural non-compliance may render appeal incompetent.
|
8 April 2022 |
|
An appellate court lacks jurisdiction to hear an appeal filed beyond mandatory statutory time limits; dismissal by the single Judge was upheld.
-
Civil procedure — Appeals — statutory time limits for lodging notice of appeal — Section 25 Court of Appeal Act and Order X Rule 3(5) Court of Appeal Rules — failure to comply deprives Court of jurisdiction — power under Section 9(b) to vary single Judge decisions cannot override mandatory time limits.
|
8 April 2022 |