Results.
8 judgments found.
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| May 2022 |
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Dismissal for non‑compliance with court directions upheld; late unsigned consent order ineffective.
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Civil procedure — dismissal for non‑compliance with court directions; consent order validity requires timely filing and judicial endorsement; interlocutory application superseded by subsequent court order; backlog referral does not excuse non‑compliance with procedural orders.
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31 May 2022 |
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Omitting disputed 'without prejudice' documents from the appeal record is fatal to a challenge against their expunction.
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Civil procedure — "without prejudice" rule — settlement negotiations and admissibility — judicial discretion to expunge documents — appellate interference limited — omission of disputed documents from appeal record is fatal.
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31 May 2022 |
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Whether registry anomalies and evidence of fraud defeated the appellant's status as a bona fide purchaser for value without notice.
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Land law — bona fide purchaser for value without notice — constructive notice from registry anomalies — fraud in conveyancing — procedural law — intervention and Order 28 rule 8(1) directions — inability of fraudster to pass good title.
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31 May 2022 |
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Conviction quashed for insufficiently cogent circumstantial evidence; witchcraft belief unproven as extenuation.
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Criminal law — circumstantial evidence — cogency required to sustain conviction; belief in witchcraft as potential extenuation; evaluation of relatives' evidence; improper inference of flight.
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19 May 2022 |
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Appellants with an equitable lien and court-ordered possession had standing to be joined to challenge a consent judgment.
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Civil procedure — Joinder of non-parties to challenge consent judgment; Equitable lien/ construction lien principles and proprietary interest; Locus standi; Effect of non-registration under Lands and Deeds Registry Act; Multiplicity of actions.
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18 May 2022 |
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Appeal reduced murder to manslaughter where prosecution failed to prove absence of provocation and proper findings were lacking.
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Criminal law — murder v manslaughter — provocation and heat of the moment in fights — burden of proof remains on prosecution — appellate substitution of conviction where murder not proved.
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17 May 2022 |
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Failure to obtain High Court leave for an appeal from its appellate/review judgment deprives the Court of Appeal of jurisdiction; appeal dismissed.
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Court of Appeal jurisdiction — leave required for appeals from High Court exercising appellate/review jurisdiction (s.23(1)(c) Court of Appeal Act) — employment law — employer’s duty to produce contracts — deemed fixed-term contracts under Employment (Amendment) Act — gratuity entitlement when oral contracts not produced.
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4 May 2022 |
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Charging-order procedure under Order 50 RSC (1979 Act) not applicable in Zambia; enforcement orders set aside.
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Civil procedure — Enforcement of judgment — Charging orders — Order 50 RSC grounded on Charging Orders Act 1979 not extended to Zambia — Proceedings under Order 50 RSC nullity for lack of jurisdiction.
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3 May 2022 |