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Citation
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Judgment date
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| September 2022 |
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An appeal does not automatically stay execution; applicants failed to show compelling reasons to warrant a stay.
Civil procedure — Stay of execution — Discretionary remedy — Appeal does not automatically operate as a stay — Good, special or compelling reasons required — Disclosure of assets/income and proof of inability to pay — Order 59 Rule 13.
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5 September 2022 |
| 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |
| July 2022 |
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Whether an unsigned, condition-dependent share sale permits specific performance, interim payments, or compelled account orders.
Company law – Share purchase agreement – enforceability where price contingent on due diligence – specific performance – part performance – director remuneration – company accounts – right to inspect financial records.
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28 July 2022 |
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Whether exchange rate at enforcement applies and whether a Registrar may vary a judge's interest order on assessment.
Civil procedure – assessment of damages; foreign‑currency judgment conversion — applicable rate at enforcement; Registrar’s limited powers; interest — compounding interest and unjust enrichment; set‑off; Judgments Act.
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28 July 2022 |
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Documents like registration extracts and bills of lading need not be authenticated under the Act; claimant established pre‑offence interest, so forfeiture set aside.
Forfeiture of proceeds of crime – third‑party claims under ss.12(2) and 31(2) – proof of interest and timing of acquisition – Authentication of Documents Act – what constitutes a document requiring authentication – burden of proof on claimant.
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28 July 2022 |
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Conviction for defilement set aside where defective voire dire rendered child’s sworn evidence inadmissible and uncorroborated.
Juveniles Act s122 – voir dire requirements; child witnesses; duty to speak the truth; corroboration in sexual offences; unsafe conviction and no retrial.
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25 July 2022 |
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Recent possession of multiple stolen items shortly after an attack supported only the inference of guilt; convictions upheld.
Criminal law – Circumstantial evidence – Recent possession of stolen property – Whether only inference of guilt reasonably open – Duty to consider lesser inferences – Caution as to witnesses with possible interest.
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25 July 2022 |
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Where death follows a spontaneous mob assault and the fatal blow cannot be attributed, conviction reduced to manslaughter.
Criminal law – Identification by single witness – recognition of known person; Mob justice – joint participation and attribution of fatal blow; Murder v Manslaughter – where multiple assailants cause death and fatal blow cannot be attributed; Corroboration – role of video and clothing evidence.
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25 July 2022 |
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Trial court wrongly excluded competent spouse evidence; retrial ordered due to procedural errors and potential prejudice.
Criminal law – admissibility of spouse testimony – Section 151(1)(c) Criminal Procedure Code – spouse competent where offence affects spouse or children; child witness voir dire – capacity and appreciation of duty to tell truth; appellate relief – retrial warranted where trial court excludes competent evidence and omits material credibility findings.
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25 July 2022 |
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Identification by prior acquaintances upheld, but post‑departure firearm discharge did not support armed aggravated robbery, death sentences quashed.
Criminal law – Identification/recognition evidence – prior acquaintance, opportunity and description – single witness reliability; Armed aggravated robbery – use of firearm ‘at or immediately before or immediately after’ stealing – discharge after leaving not sufficient to support armed robbery conviction.
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25 July 2022 |
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Conviction overturned where child witness’ evidence lacked required corroboration and medical report was inconclusive.
Criminal law — Defilement — Evidence of child under 14 requires corroboration (Juveniles Act s122); insufficient corroboration of identity; inconclusive medical report requiring oral evidence; alibi assessment and police investigation deficiencies.
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25 July 2022 |
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Payment of the claimed sum into the respondent’s account amounted to clear admission, justifying judgment on admission and interest under the Judgments Act.
Civil procedure – judgment on admission – admission by conduct (payment) – requirement that admission be clear and unequivocal – discretion to enter judgment on admission – interest under Judgments Act.
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19 July 2022 |
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Dedicated transformer capacity vested in the 2nd respondent; appellants had no supply contract and failed to prove breach or damages.
Electricity supply – dedicated transformer capacity – privity of contract – lawful disconnection for breach of payment condition – supplier’s duty to consumer where no supply agreement exists – costs follow the event.
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19 July 2022 |
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Single-judge grants leave to appeal and stays execution where draft defence raises triable issues.
Court of Appeal — leave to appeal under Order X R4(5) — setting aside default judgment — test for leave: real/high prospect of success — stay of execution pending appeal.
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19 July 2022 |
| June 2022 |
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Writ served outside jurisdiction is irregular but curable; arbitration referral requires a formal Section 10 application.
Civil procedure – Appearance – Statutory Instrument No.58/2020 amended Order 11; conditional appearance abolished; memorandum of appearance and defence required
Service out of jurisdiction – Issuance and service of writ outside Zambia without leave is irregular but curable where no prejudice or default judgment
Arbitration – Stay and referral under Section 10(1) Arbitration Act require a proper motion/summons; skeleton arguments do not substitute formal application
Third party/Remoteness – Applicability of arbitral clause to third parties requires proper pleading and was not before the court
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.
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.
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.
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.
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.
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.
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.
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.
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 |