Results.
22 judgments found.
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| June 2022 |
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Writ served outside jurisdiction is irregular but curable; arbitration referral requires a formal Section 10 application.
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Civil procedure — Appearance — Statutory Instrument No.58/2020 amended Order 11; conditional appearance abolished; memorandum of appearance and defence required
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Service out of jurisdiction — Issuance and service of writ outside Zambia without leave is irregular but curable where no prejudice or default judgment
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Arbitration — Stay and referral under Section 10(1) Arbitration Act require a proper motion/summons; skeleton arguments do not substitute formal application
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Third party/Remoteness — Applicability of arbitral clause to third parties requires proper pleading and was not before the court
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Costs — Party serving process irregularly condemned to costs for the improper strike-out application
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30 June 2022 |
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27 June 2022 |
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An inordinate, unexplained delay by the applicant did not justify extending time to file the record of appeal despite COVID‑19 reasons.
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Court of Appeal Rules — extension of time (Order XIII Rule 3) — sufficiency of reasons — inordinate delay — COVID‑19 registry delays do not automatically justify extension — duty to prosecute appeals promptly — prejudice and finality of litigation.
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23 June 2022 |
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The appellant proved special damages from the respondent’s razing of premises; appeal allowed and damages awarded.
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Evidence — burden of proof — special damages; Lease termination — notice periods and breach; Appellate review of factual findings; Valuation — fair market value assessment; Unpleaded issues considered where not objected to.
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23 June 2022 |
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Leave to appeal granted where trial judge assumed collusion and effectively pierced corporate veil without proper findings.
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Leave to appeal — test of realistic prospects of success; Interpleader proceedings — Order XLII Rule 2(b) High Court Rules — burden to show non-collusion; Enforcement of foreign judgment — execution and seizure of goods; Corporate personality — piercing the corporate veil and single economic unit doctrine; Time limits — notice of claim within five days.
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23 June 2022 |
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Whether the appellant was a bona fide purchaser for value without notice of a sitting tenant's equitable interest.
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Property law — bona fide purchaser for value without notice; constructive notice and caveats; sitting tenant equitable interest; due diligence via Lands and Deeds Registry searches; review of judgment under Order 39.
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17 June 2022 |
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Leave to appeal refused where repeated discovery applications were res judicata and constituted abuse of process.
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Civil procedure — discovery — further and better list of documents — Order 24 RSC (rule 7) — res judicata applied to interlocutory applications — abuse of court process — leave to appeal to Supreme Court under Section 13 Court of Appeal Act.
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16 June 2022 |
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Administrator's persistent mismanagement, unauthorized sales and failure to account justified revocation of letters and replacement administrator appointment.
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Intestate succession — administrator's duties and powers — failure to render accounts and unauthorized sales as grounds for revocation of letters of administration; caveat as protective measure; equitable adjustment of distribution for misappropriated proceeds.
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16 June 2022 |
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A conviction grounded on nighttime recognition was quashed for failure to exclude honest but mistaken identification.
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Criminal law — identification evidence — recognition by acquaintances — night-time observation — need to exclude honest but mistaken identification — conviction unsafe where identification evidence is unsatisfactory.
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15 June 2022 |
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Excluding a defence recording without testing its authenticity breached the appellants' right to a fair trial; convictions set aside and retrial ordered.
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Evidence — admissibility of electronic recordings — court must allow evidence on circumstances of recording and may listen to recordings before excluding; fair trial — exclusion of defence evidence may render trial unfair; remedy — retrial ordered where prejudice shown.
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15 June 2022 |
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The appellants' appeal dismissed; identification evidence reliable and alibi insufficiently raised, convictions and sentences upheld.
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Criminal law — identification evidence and recognition — risk of honest but mistaken identity; credibility of interested witnesses; alibi and duty to investigate; dereliction of investigative duty; appellate deference to trial credibility findings.
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15 June 2022 |
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Conviction for defilement upheld: special and compelling circumstances justified relying on a child’s uncorroborated testimony.
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Criminal law — Defilement — Corroboration of prosecutrix's evidence — "Special and compelling grounds" for convicting on uncorroborated testimony; witness interest and motive to falsify; corroboration by opportunity versus suspicious conduct.
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15 June 2022 |
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Res gestae wrongly admitted, but circumstantial evidence independently supported the murder conviction.
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Criminal law — evidence — res gestae — contemporaneity/proximity requirement; circumstantial evidence — cogency and inference of guilt; murder conviction; admissibility of post-event statements.
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15 June 2022 |
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Statement to a third party was not res gestae, but remaining circumstantial evidence sufficed to uphold the murder conviction.
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Evidence — res gestae — requirement of approximate contemporaneity; Hearsay — exclusion where possibility of concoction exists; Criminal law — circumstantial evidence must be cogent so only inference of guilt remains; Murder — sufficiency of circumstantial proof.
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15 June 2022 |
Siwa Nyambe and Ors v the People (Appeal No. 98, 99,100,101, 102, 103/2021; Appeal No. 98, 99,100,101, 102, 103/2021; Appeal No. 98, 99,100,101, 102, 103/2021; Appeal No. 98, 99,100,101, 102, 103/2021; Appeal No. 98, 99,100,101, 102, 103/2021; Appeal No. 98, 99,100,101, 102, 103/2021) [2022] ZMCA 214 (15 June 2022)
Fatal head injury by one assailant upheld as murder; co‑assailants convicted instead of assault occasioning actual bodily harm.
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Criminal law — Murder — Causation and common purpose — Fatal head injury by hacking attributable to first appellant; other participants only shown to have assaulted with sticks — Suspect witnesses (relatives) — Substitution to assault occasioning actual bodily harm under s.181(2) Criminal Procedure Code.
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15 June 2022 |
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Qualified privilege protected a bank's email absent proved express malice; liquidated damages in tort were improper and injunction unnecessary.
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Defamation — qualified privilege — express malice required to defeat privilege; pleading requirements for particulars of malice; damages in tort are unliquidated and must be assessed; injunctions contingent on successful substantive claim.
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13 June 2022 |
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Registrar may review dismissal for want of prosecution, but the taxation award was set aside for ignoring respondent's objections.
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Civil procedure — taxation of costs — Registrar's power to review dismissal for want of prosecution — Order VII Rule 3 Court of Appeal Rules; timing of taxation under Order XII Rule 2 — practical delay where taxing officers not appointed; failure to consider objections to bill of costs — prejudice and rehearing ordered.
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7 June 2022 |
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A labour-division judgment delivered after the statutory one-year limit is void; matter set aside and remitted for rehearing.
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Industrial and Labour Relations Act — s.19(3)(b)(ii) — statutory one-year disposal period — judgment delivered after one year void for want of jurisdiction; interlocutory procedure — jurisdictional challenges must be raised formally (Order 7 Rule 1(1) CAR); remedy: set aside and remit; complaint deemed filed on appellate judgment date.
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7 June 2022 |
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A derivative action in a company’s name requires prior leave under section 331 of the Companies Act; absence of leave renders the claim a nullity.
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Companies law — Derivative action — Requirement of leave under section 331 Companies Act 2017 — Members’ voluntary winding up — Validity of written/special resolution under section 77 Companies Act — Corporate Insolvency Act (voluntary liquidation, solvency declaration, appointment of liquidators) — Nullity of derivative claim brought without statutory leave.
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1 June 2022 |
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Whether mesne profits can be awarded without a landlord-tenant relationship and without being specifically pleaded.
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Property law — unlawful occupation; Mesne profits as damages — may be inferred from pleadings seeking rent arrears and damages; Mesne profits require landlord-tenant relationship; Substitution of damages for mesne profits; Damages to run from date of loss of possession until vacation; interest and costs.
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1 June 2022 |
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1 June 2022 |
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Whether dismissal under Order 14A RSC was proper when execution had occurred and a set-aside application remained pending.
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Civil procedure — Order 14A RSC — dismissal of applications where there is "nothing to stay"; execution and sale of attached property; scope of preliminary points; remittal where set-aside proceedings pending.
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1 June 2022 |