Results.
73 judgments found.
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| November 2023 |
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Delay and failure to prosecute barred setting aside judgment; stolen goods doctrine made appellant liable for conversion.
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Civil procedure — setting aside judgment — inordinate delay; Counsel’s withdrawal — no documentary proof required of attempts to obtain instructions; Conversion/stolen goods — buyer from thief acquires no title; Market overt exception; Abuse of process and sleeping on rights.
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30 November 2023 |
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Interim injunction discharged where applicant failed to show a prima facie case or irreparable harm against non‑signatory appellant.
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Injunctions — American Cynamid factors — requirement of a serious question to be tried; adequacy of damages; balance of convenience; clean hands. Party‑status to contractual documents — necessity of establishing prima facie case against specific defendant. Exploration licence v. mining activities — material non‑disclosure may affect equitable relief but did not save respondent here
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24 November 2023 |
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Appeal dismissed for lack of jurisdiction; appellant should have renewed the injunction application before a single judge.
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Civil procedure — interlocutory injunction — appealability — renewal application to a single judge of the Court of Appeal required after refusal; Jurisdiction — appellate procedure — improper route defeats appeal; Property law — interest in land — adequacy of damages argued but not determined.
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24 November 2023 |
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An on‑demand guarantee gives rise to an independent cause of action; suing guarantors did not constitute abuse of process.
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Civil procedure — Abuse of court process — Multiplicity of actions — Piecemeal litigation — Risk of conflicting decisions; Contract/Guarantees — Unconditional (on‑demand) guarantee — Liability arises on demand; Counterclaims and consolidation — when appropriate.
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24 November 2023 |
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Charging 8% monthly and compounding interest violated the Money Lenders Act; foreclosure inappropriate where sale governs remedy.
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Money Lenders Act — interest cap (48% p.a.) — excessive interest (96% p.a.) unlawful; prohibition of compound interest; effect of illegality on related contract of sale; equitable mortgage — foreclosure v. specific performance; validity of restructured loan lacking proof of disbursement; enforceability of written sale and assignment.
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24 November 2023 |
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Non-registration of letters of administration renders them void but the defect is curable by court discretion; case remitted for trial.
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Lands and Deeds Registry Act — registration of letters of administration — s.5(3) and s.6 — effect of non-registration; Curable procedural defect — court’s discretion to extend time under s.6 and Order XVI Rule 1; Locus standi of administrators where interest in land persists.
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24 November 2023 |
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A trial de novo does not bar amendment of pleadings; amendments allowed unless they cause irremediable prejudice, appeal remitted.
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Civil procedure — trial de novo — meaning and scope; amendment of pleadings — Order 18 R.1 High Court Rules; amendments allowed unless prejudicial; remittal for reconsideration.
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24 November 2023 |
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Appeal substituted manslaughter conviction and ten‑year sentence for an original murder conviction and death sentence.
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Criminal law — Provocation and self‑defence — failed defences and extenuation — proportionality of retaliation — murder v manslaughter — confession and unsworn statement — substitution of conviction and sentence.
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23 November 2023 |
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The applicant's rape conviction and 25-year sentence upheld: corroborative medical and eyewitness evidence and gang-rape aggravation justified the outcome.
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Criminal law — Rape — Corroboration by distressed condition, medical report and eyewitnesses; identification and alibi; appellate review of sentence; gang-rape as aggravating factor.
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23 November 2023 |
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The appellant failed to establish entitlement to security for costs; only the extraneous remarks in the High Court ruling were set aside.
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Civil procedure — Security for costs — Criteria and discretion to order security; Order XL r.7 High Court Rules and Order 23 (White Book) considerations; weighing stifling of litigation versus recovery of costs; residence and change of address; disposing on documents under Order XXX r.6(A) and consent; appellate review of extraneous findings.
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23 November 2023 |
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Court refused no‑case‑to‑answer; found prima facie case of contempt against three alleged contemnors for breaching the ex parte stay.
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Civil contempt — committal proceedings — sufficiency of Notice of Motion and supporting affidavit — service and penal notice issues previously determined — prima facie test for case to answer — evidence of attempted takeover, PACRA changes and bank letter constituted prima facie contempt.
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23 November 2023 |
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Appeal against murder conviction and capital sentence dismissed; provocation and extenuating circumstances not established.
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Criminal law — Murder — Credibility and corroboration of witnesses; Suspect witness rule — Warn-and-caution/confession statements not evidential unless produced; Provocation — elements (provocative act, loss of self-control, proportionate retaliation) required for manslaughter or mitigation.
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23 November 2023 |
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Appeal over allocation of subcontract payments and judge’s intrusive conduct; gate motor cost properly deducted from contractor’s balance.
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Construction/subcontract — allocation of payments between concurrent projects — admissibility and weight of payment vouchers; Civil procedure — judicial intervention during trial and proper role of judge in examining witnesses; Contract law — deduction/set-off for contract items not performed (gate motor); Appeal — scope for disturbing trial findings of fact where perverse or unsupported by evidence.
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23 November 2023 |
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Applicant failed to show satisfactory cause or a prima facie defence to set aside default judgment; appeal dismissed with costs.
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Civil procedure — setting aside default judgment; appearance and defence to counterclaim — Order XI(1)(3) HCR; obligation to file within prescribed time; arguable defence requires prima facie evidence (Clayton test); bare denial insufficient; inexcusable delay and duty to monitor counsel.
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23 November 2023 |
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Frustration of a development project does not discharge mortgage repayment obligations nor stop interest; appeal dismissed.
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Contract law — frustration of performance of a land-development financing facility; Mortgages — limited effect of frustration on borrower’s personal covenant to repay and on running interest; Estoppel/waiver — irrevocable undertaking and third‑party payments did not extinguish mortgage or create novation; Civil procedure — discretion on period for redemption and foreclosure.
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23 November 2023 |
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Impecuniosity does not justify extension under section 85(3); settlement talks do not suspend the 90‑day limit.
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Industrial and Labour Relations Act s85(3) — extension of time — discretion — sufficiency of reasons — impecuniosity not a valid ground — ex curia/settlement discussions do not suspend statutory time limit — promptness of application required.
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23 November 2023 |
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Recent-possession alone was insufficient to uphold convictions for four appellants; ballistic and recovered-property evidence upheld two convictions.
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Criminal law — aggravated robbery — circumstantial evidence — recent possession doctrine — inference of guilt — ballistic linkage — admissibility and weight of police seizure evidence — appellate review of inconsistencies.
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23 November 2023 |
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Deliberate strangulation and suffocation established malice; the appellants' appeal against murder convictions and death sentences dismissed.
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Criminal law — Murder — Malice aforethought — Strangulation and suffocation as proof of intent/knowledge — Manslaughter distinguished — Extenuating circumstances under s.201 Penal Code — Evidence and sentencing.
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23 November 2023 |
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Appeals largely dismissed; 2nd appellant's conviction quashed due to unsafe identification by a single fleeting witness.
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Criminal law — identification evidence — eyewitness reliability; single identifying witness and fleeting glimpse — mistaken identification — suspect witnesses and potential bias — fairness of identification parade — alibi credibility — common purpose liability.
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23 November 2023 |
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Extension to seek leave to appeal refused for failure to justify delay and show a meritorious intended appeal.
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Court of Appeal — Extension of time to seek leave to appeal to the Supreme Court — Order 8 rule 3(1)(a) — Court of Appeal Act s.13 meritorious threshold — justification for delay — repetition of previously determined grounds — dismissal for want of merit.
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23 November 2023 |
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Appellate court reverses wrongful/unfair termination finding, holding employer’s probationary assessment and dismissal for misconduct justified.
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Industrial and Labour Relations Act — jurisdiction and delay; Civil procedure — affidavit evidence v viva voce evidence; Employment law — probationary assessment (s27(2) Employment Code Act); Employment law — valid reasons for termination (s52(1) Employment Code Act) — misconduct, dishonesty and misuse of company resources; Appellate review — unbalanced evaluation of evidence; Quantum of damages — departure from normal measure (academic where termination justified).
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23 November 2023 |
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Appellant failed to prove misrepresentation or undue influence; equitable mortgage and foreclosure orders upheld; COVID-19 did not alter contractual repayment obligations.
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Contract law — loan agreements — requirement to plead fraud/misrepresentation with particularity; borrower’s obligation to obtain independent legal advice (distinguished from guarantor); COVID-19 does not automatically vary contractual repayment obligations; equitable mortgage by deposit of title deeds — foreclosure, delivery and sale; interest awards — High Court Rules and Judgment Act.
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22 November 2023 |
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Renunciation by a co-administrator can vest sole capacity in the remaining administrator to prosecute an appeal; capacity is for the appeal, not preliminary objection.
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Succession law — joint administrators — capacity to sue and appeal — renunciation of administratorship — Section 20 Intestate and Testate Succession Act — preliminary objection vs merits.
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22 November 2023 |
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Appellate court set aside High Court ruling after finding interlocutory matters were previously determined and procedural errors occurred.
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Civil procedure — interlocutory applications — res judicata — re‑determination of matters already decided by Deputy Registrar and Judge — notice of intention to raise preliminary issues — setting aside High Court Ruling.
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22 November 2023 |
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A court should not refer parties to arbitration where the existence or validity of the contract containing the arbitration clause is disputed.
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Arbitration Act s.10 — stay and refer to arbitration — court must be satisfied arbitration agreement valid; Arbitration clause separability — limits where underlying contract is disputed; Allegations of fraud/forgery/illegality — disputes as to existence of contract to be tried, not pre‑determined at interlocutory stage; Referral to arbitration inappropriate where agreement is contested.
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22 November 2023 |
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Interest on judgment must be computed per annum under Order XXXVI Rule 8; monthly computation was erroneous.
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Interest on judgment — computation per annum under Order XXXVI Rule 8; Registrars' assessment — requirement to state reasons; Judgments Act — rate after judgment (Bank of Zambia policy/lending rate); inclusion of unpaid leave in principal; proper formula for interest calculation.
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22 November 2023 |
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Part payment can convert a stated "intent" into a binding land sale contract; unresolved triable issues remitted for trial.
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Contract of sale of land — Statute of Frauds s.4 — written memorandum versus statement of intent — part payment/consideration converting intent into binding contract — preliminary determination inappropriate where triable issues remain — remittal for trial.
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22 November 2023 |
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Res gestae wrongly admitted, but admissible leading and circumstantial evidence sustain the murder conviction.
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Criminal law — Evidence: res gestae/dying declarations — contemporaneity and spontaneity required; Leading and demonstration — warning and voluntariness; Circumstantial evidence — discovery of real evidence and inference of guilt; Murder vs manslaughter — malice aforethought.
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22 November 2023 |
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Contract expired and was not extended; no quantum meruit recovery without evidence of requested services or benefit.
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Contract law — expiry by effluxion of time — renewal negotiations — implied or tacit extension by conduct; Quantum meruit — requirement of request/benefit and implied promise to pay; Evidence — negotiation correspondence and scope of contracted services; Remedies — dismissal where no post-expiry benefit shown.
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22 November 2023 |
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Order 30 Rule 1 permits appointment of a receiver and ancillary injunctions; Corporate Insolvency Act s.4 pertains to charged property only; appeal dismissed.
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Civil procedure — appointment of receiver — Order 30 Rule 1 (Rules of the Supreme Court) governs mode of application and ancillary injunctions; Corporate Insolvency Act (sections 4–5) applies to receivers over charged property; unsecured debts do not engage section 4; late filing of respondent's heads expunged; appeal overtaken by subsequent default judgment and garnishee order.
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22 November 2023 |
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Refusal of an adjournment was defensible, but immediate dismissal for want of prosecution was excessive and set aside.
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Civil procedure — Adjournments — discretionary refusal where no compelling or exceptional circumstances shown — formal notice requirements — failure to file notice and mere courtesy to opposing counsel insufficient — Dismissal for want of prosecution is a draconian remedy to be exercised sparingly; rules permit costs/hearing fee rather than immediate striking out — balance between right to be heard and expeditious disposal of cases.
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22 November 2023 |
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Entry of judgment on admission was premature where admissions were unclear, evidence untested and triable issues existed.
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Commercial Division — Judgment on admission — Order 53 rule 6 — Admissions must be clear, unequivocal and unconditional — Burden of proof before entering judgment without trial — Scheduling conference not a substitute for tested evidence — Limitation/part-payment issues to be resolved on evidence at trial.
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22 November 2023 |
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Interlocutory refusal to entertain a late amendment cannot be the subject of an interlocutory appeal; appeal dismissed as incompetent.
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Civil procedure — Interlocutory applications — Order 19 Rule 3(3) & (4) S.I. 58 of 2020 — prohibition on interlocutory appeals — amendment of pleadings near trial — reasonable-diligence exception — case management.
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22 November 2023 |
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Circumstantial evidence, including threats and odd coincidences, was sufficiently cogent to uphold murder convictions; alibi unproven.
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Criminal law — Circumstantial evidence — Staged reasoning to infer guilt — Motive and prior threats — Odd coincidences as supporting evidence — Alibi and investigative duty — Conviction on circumstantial proof upheld.
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22 November 2023 |
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Where a draft Answer discloses triable issues, a court must allow defence absent unreasonable delay or mala fides; jurisdictional objections require prior determination.
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Companies Act s.134 (oppression/unfair prejudice) — leave to file Answer out of time — triable issues — exercise of judicial discretion — jurisdictional preliminary objections to be determined before merits — case management versus right to be heard.
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22 November 2023 |
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Amendments adding statute‑barred tort claims require peculiar circumstances; absence justified dismissal and remittal to trial on original claims.
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Civil procedure — amendment of pleadings — Order 20 Rule 5 — leave to amend after expiry of limitation period — new cause must arise out of same or substantially same facts — peculiar/exceptional circumstances required to relax limitation — statute‑barred tort claims.
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22 November 2023 |
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Whether two actions about party leadership constitute multiplicity of actions depends on identity of parties and whether causes arise from the same transaction.
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Civil procedure — multiplicity of actions and abuse of court process — identity of parties and subject matter — distinguishing pre‑congress and post‑congress claims; remittal for directions; costs awarded.
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22 November 2023 |
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Court ordered refund for overpayment, referred unpaid fees to quantum meruit assessment, and dismissed speculative termination damages.
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Contract interpretation — engagement letters; Quantum meruit — remuneration for partly performed services; Overpayment and restitution; Credibility and bias of interested witness; Interest on judgment debt; Costs — parties to bear own costs.
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22 November 2023 |
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A 'Local Director' appointment does not automatically confer board membership or entitlement to directors' fees for a foreign company.
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Company law — Director appointment — Distinction between local representative and corporate board member — Shareholders' resolution required — PACRA registration insufficient to establish entitlement to directors' emoluments for foreign-incorporated company.
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22 November 2023 |
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Respondent’s refusal to follow a lawful instruction justified summary dismissal; appellate court set aside trial court’s unfair dismissal finding.
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Labour law — unfair dismissal — refusal to follow lawful workplace instruction — absconding — trade union activity alleged discrimination — appellate review of factual findings — jurisdictional delay.
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20 November 2023 |
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First appellant's murder conviction upheld on corroborated circumstantial evidence; second appellant's conviction quashed for lack of corroboration.
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Criminal law — confession evidence — a properly proved confession can suffice to convict; circumstantial evidence and corroboration of suspect witnesses; malice aforethought includes intent to cause grievous harm; necessity of "something more" to guard against false implication.
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20 November 2023 |
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Court rejects provocation, reduces child-death conviction to manslaughter, and substitutes excessive life sentence with determinate terms.
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Criminal law — murder and manslaughter — provocation — requirements for sudden and grave loss of self-control; circumstantial evidence and biased witnesses — when a relative's evidence requires caution; sentencing — need to state reasons; substitution of conviction and reduction of sentence.
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20 November 2023 |
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The appellant’s application to stay proceedings and refer to arbitration was dismissed; it should have been brought to a single judge.
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Arbitration — stay and refer to arbitration (Section 10 Arbitration Act); Court of Appeal jurisdiction on interlocutory applications; Single Judge powers (Section 9 Court of Appeal Act); Forum shopping and abuse of process; Default judgment set-aside subject to condition affecting stay.
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20 November 2023 |
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Appeal dismissed: malice aforethought proven; neither provocation, self‑defence nor extenuation established.
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Criminal law — Murder — Malice aforethought — Provocation — Self‑defence — Extenuating circumstances — Evidence of premeditation and ambush — Appeal dismissed.
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20 November 2023 |
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Conviction overturned where corroboration of both the offence and identity was lacking; medical report alone was insufficient.
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Criminal law — Sexual offences — Requirement of corroboration of both commission and identity — Medical report without oral evidence from examining doctor may be insufficient corroboration — Trial court’s failure to warn on corroboration is a misdirection — Conviction unsafe and acquittal ordered.
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20 November 2023 |
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Appeal allowed: Registrar misapplied interest formula on assessed damages; proper computation (deducting part payment) reduced award to K246,899.09.
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Employment law — unfair termination damages — six months’ salary includes periodic allowances; assessment procedure — Registrar’s hearing and duty to follow directions; interest on judgment debt — short-term deposit rate to judgment then lending rate thereafter; interest to be calculated annually, deducting part payments to avoid unjust enrichment; taxation on awards to be considered where applicable.
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20 November 2023 |
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Appellants’ explanations rejected; reliable circumstantial identification evidence upheld vandalism convictions.
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Criminal law — Vandalism — Circumstantial evidence — Identification in daylight — Reasonably possible explanation — Credibility and weight of witnesses — Minor inconsistencies not fatal.
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20 November 2023 |
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Appellate court upheld aggravated robbery convictions, finding identification reliable and trial judgment legally adequate.
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Criminal law — Aggravated robbery; identification evidence and dangers of mistaken identity — multiple witnesses, prolonged observation and ‘odd coincidences’ supporting reliability — amendment of information and retaking of plea — trial judgment must show summary of evidence, findings, reasons and conclusions.
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20 November 2023 |
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Appellate court upheld aggravated robbery convictions, finding identification, amended particulars and trial judgment legally sound.
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Criminal law — aggravated robbery; identification evidence — dangers of mistaken identification and ‘odd coincidences’; amendment of information (Section 137 CPC); evaluation of witness credibility; adequacy of trial judgment.
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20 November 2023 |
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Cumulative circumstantial evidence and corroborative physical recovery linked appellants to murder; appeal dismissed.
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Criminal law — Circumstantial evidence — Totality of strands and last-seen evidence; corroboration by recovery of personal effects and leading to body; witness credibility and interest; admissions to sexual intercourse; appellate review of inconsistencies.
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20 November 2023 |