Results.
27 judgments found.
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| August 2022 |
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Applicant failed to show good and sufficient grounds for a stay of execution; amendment allowed but stay refused, with costs to respondent.
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Civil procedure — stay of execution — exceptional remedy requiring good and sufficient grounds — prospects of success and special circumstances; amendment of motion for changed circumstances; execution and possession taken prior to stay application; res judicata as ground of appeal.
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31 August 2022 |
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Conviction for possession of forged notes quashed where hearsay and failure to prove accused's knowledge undermined prosecution's case.
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Criminal law — Possession of forged banknotes — Knowledge an essential ingredient; on-the-spot explanation shifts burden to prosecution — Hearsay evidence inadmissible where key witness not called — Warn-and-caution admissions must be shown voluntary.
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26 August 2022 |
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The appellant’s challenge to identification evidence failed; convictions and sentences for murder and grievous harm were upheld.
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Criminal law — identification evidence — reliability of visual identification at night — suspect witnesses and requirement of corroboration — appellate review of trial judge’s factual findings.
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25 August 2022 |
Barton Nkhoma and Ors v the People (Appeal No. 64, 65, 66, 67/ 2021; Appeal No. 64, 65, 66, 67/ 2021; Appeal No. 64, 65, 66, 67/ 2021; Appeal No. 64, 65, 66, 67/ 2021) [2022] ZMCA 187 (25 August 2022)
Appellants’ convictions under State Security Act quashed for lack of proof; one appellant convicted of a lesser Penal Code offence.
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Criminal law — possession of military/official uniform — State Security Act s6(1)(a) — mens rea requires intention to gain/assist admission to protected place or to prejudice national safety — constructive possession — no case to answer — substitution of conviction with Penal Code s182(4) (unauthorized possession) — sentence adjustment for time served.
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25 August 2022 |
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Conviction for defilement overturned where prosecutrix under 14 testified without independent corroboration of the accused's identity.
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Criminal law — Defilement — Evidence — Requirement of corroboration where prosecutrix under 14 years (s.122 Juveniles Act) — Cautionary rule in sexual offences cannot substitute statutory corroboration — Medical evidence may confirm defilement but not necessarily identity.
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25 August 2022 |
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First offender pleading guilty to causing death by dangerous driving should be fined unless an unroadworthy vehicle caused the death.
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Road Traffic Act — causing death by dangerous driving — sentencing of first offender pleading guilty — aggravating factor: unroadworthy vehicle only where defect caused accident and driver knew — inconsistencies between statement of facts and subsequent reports; procedure per Patel.
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24 August 2022 |
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Defective voire dire led to expunging the child’s evidence, quashing conviction and remitting the case for retrial.
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Criminal law — incest; child of tender years — defective voire dire; requirement to record questions and answers; expungement of juvenile evidence; corroboration; medical evidence; alleged admission; retrial in interests of justice (Court of Appeal Act s16(3)).
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24 August 2022 |
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High Court wrongly substituted a more serious unpleaded offence; trial conviction for indecent assault restored and sentence upheld.
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Criminal law — conviction on uncharged or different offences — limits of section 181(2) and section 186 CPC; substitution of conviction to a more serious offence impermissible; sufficiency of eyewitness evidence and flagrante delicto identification; appellate review of review court substitution.
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24 August 2022 |
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Appeal dismissed; appellant's pre-custody admissions admissible; convictions for two murders affirmed and death imposed on each count.
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Criminal law — Murder — Admissibility of incriminating statements — Judges' Rules and custody — Trial-within-a-trial — Direct admissions vs circumstantial evidence — Forensic pathology (blunt force head trauma) — Investigatory omissions and dereliction of duty — Sentencing multiple offences under s.36(a) Penal Code.
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24 August 2022 |
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Employment claims may still be filed on the High Court General List; Industrial Relations Division governed by Industrial Relations Rules.
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Constitutional status of Industrial Relations Court — Article 133(2) — Industrial Relations Court becomes a High Court division but retains jurisdiction and procedures under the Industrial and Labour Relations Act; Practice and procedure governed by Industrial Relations Rules pending legislation; Per incuriam — failure to consider binding precedent; Employment claims may remain competent on the High Court General List.
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24 August 2022 |
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Insanity must be pleaded and proved; medical findings alone insufficient; confession must be tested for voluntariness; conviction upheld.
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Criminal law — Insanity defence — burden to plead and prove on balance of probabilities; medical report alone not determinative; M'Naghten test; fitness to stand trial; confessions — trial judge's duty to inquire voluntariness; circumstantial evidence sufficiency.
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23 August 2022 |
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Murder conviction quashed where absence of postmortem and circumstantial evidence failed to prove the newborn was alive and killed.
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Criminal law — Murder — Essential ingredient of cause of death — Postmortem not always necessary but required where circumstantial evidence does not exclude reasonable alternatives; Infanticide/stillbirth distinction; Diminished responsibility — burden and relevance of medical evidence.
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23 August 2022 |
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Conviction for murder set aside where no postmortem and no evidence the newborn was born alive, making stillbirth reasonably possible.
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Criminal law — Murder — Essential proof of cause of death — Postmortem evidence — Circumstantial evidence — Need to prove victim was born alive — Absence of postmortem not always fatal but conviction unsafe where reasonable alternative (stillbirth) exists — Diminished responsibility burden on defence.
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23 August 2022 |
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Cumulative circumstantial evidence (possession, footprints, conduct) upheld a murder conviction despite absence of post‑mortem and inadmissible spousal testimony.
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Criminal law — Murder — Circumstantial evidence — Recent possession of victim's property — Matching footwear impressions — Accused leading parties to body — Accomplice/ex‑curia statement — Witness competency (spouse) — Post‑mortem not always necessary.
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23 August 2022 |
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A third party’s presence in litigation does not automatically render an arbitration clause inoperative; severance and referral to arbitration permitted.
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Arbitration law — stay of court proceedings under section 10(1) Arbitration Act — effect of non‑party presence on arbitration clause — severance of disputes — employment contracts and secondment.
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19 August 2022 |
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Application to refer bill of costs out of time dismissed; Court found no time limit and refused reliance on the White Book.
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Costs — Taxation — Order XII Rule 2 Court of Appeal Rules — No express time limit to file bill of costs for taxation — White Book (English Rules) not a substitute for domestic Rules — Application for leave to refer bill out of time dismissed.
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19 August 2022 |
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Whether the 10th chief’s selection complied with Bisa customary law and whether the acting chief had authority to convene the selection meeting.
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Chieftaincy disputes; customary law — Bisa succession and selection procedures; acting/caretaker chief authority; appellate review of factual findings; burden of proof in customary disputes.
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16 August 2022 |
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Re-entry under the Lands Act requires lawful service and opportunity to make representations; titles issued from improper re-entry may be cancelled.
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Lands Act s.13(3) — re-entry and certificate of re-entry — requirement of service and right to make representations; natural justice — notice and fair hearing; proof of service — burden on Commissioner of Lands; Certificates of Title — cancellable where issued following procedural impropriety; admissibility and pleading of administrative correspondence.
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16 August 2022 |
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Whether the Minister lawfully suspended the applicant without the Board’s authority, amenable to judicial review.
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Administrative law — Judicial review — Leave to apply — Locus standi — Public body — Ministerial suspension — Ultra vires — Cabinet Handbook clause 8.11 — Persons with Disabilities Act s.19 — Stay pending review.
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12 August 2022 |
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Court grants leave and stay for judicial review, holding Minister likely exceeded statutory and Cabinet Handbook powers in suspending applicant.
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Judicial review — leave to apply — locus standi/sufficient interest — public vs private law — employment of statutory agency — ultra vires suspension — Cabinet Handbook clause 8.11 — stay pending review.
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12 August 2022 |
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Employee confirmed after probation; termination without substantiated reason or hearing was unlawful; damages reduced to three months' pay.
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Employment law — probation — completion and extension of probationary period — absence of employer communication; Employment Act s36 — requirement for valid, substantiated reason for termination; Natural justice — requirement to lay charges and afford hearing before termination; Wrongful/unfair/unlawful termination — distinction and remedies; Quantum of damages — appellate interference where award is manifestly excessive.
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3 August 2022 |
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Appeal dismissed: insufficient explanation for non-attendance and counsel's negligence is not a ground to set aside judgment.
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Civil procedure — Order 35 HCR — judgment after trial in absence of defendant — sufficiency of explanation for non-attendance; Solicitor negligence — not ordinarily a ground to set aside judgment; Appellate review — limits on disturbing discretionary decisions.
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3 August 2022 |
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A writ of fieri facias that ignores prior payments withdrawn is irregular; execution must be stayed pending set‑aside.
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Execution law — writ of fieri facias — irregular execution where writ fails to reflect payments withdrawn — stay of execution pending set‑aside application — payments into court and effect on enforceable balance — Sheriffs Act liability.
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3 August 2022 |
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Sale stayed pending determination of an application to set aside an irregular writ of fieri facias that over‑executed the judgment.
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Execution law — writ of fieri facias — irregular execution by over‑endorsing amount — stay of execution pending application to set aside — sheriff liability; Rules of the Supreme Court Order 47; Sheriffs Act s.14(2).
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3 August 2022 |
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Section 331 requires prior court leave before commencing proceedings on behalf of a company, including in liquidation.
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Companies law — derivative actions and Foss v Harbottle exceptions — section 331 Companies Act — prior leave required to bring or intervene in proceedings in name of or on behalf of a company (including where company is in liquidation) — claims against delinquent liquidator considered but statutory leave mandatory.
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3 August 2022 |
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Employment-related claims must be commenced in the High Court’s Industrial and Labour Relations Division, not the General List.
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Civil procedure; jurisdiction of High Court — Industrial and Labour Relations Division (HC-IRD) v General List — employment claims; Article 133 Constitution Amendment Act 2016; precedent (PC Cheelo) distinguished.
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3 August 2022 |
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Appeal dismissed: judgment on admission valid where signed settlement agreement constituted a clear, unequivocal admission of debt.
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Civil procedure — Judgment on admission — Admissions may be by pleading or otherwise — Settlement agreement as clear and unequivocal admission — Order 21 Rule 6 and Order 27(White Book) — No requirement to file defence before applying for judgment on admission — Discretion exercised only in plain cases.
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2 August 2022 |