Results.
16 judgments found.
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| July 2023 |
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A judgment on assessment under a consent order renders the registrar functus officio; appeal dismissed for lack of jurisdiction.
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Civil procedure — consent order following mediation — assessment of damages by District Registrar — judgment on assessment — functus officio — jurisdiction — proper remedy is appeal of Registrar's assessment; variation of consent order requires fresh action alleging fraud, mistake or misrepresentation.
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31 July 2023 |
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The respondent cannot deduct a client's judgment proceeds for unpaid fees; a compliant bill must precede fee-recovery litigation.
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Legal practitioners — deduction of fees from client’s judgment proceeds — Kuta Chambers precedent — Order 50 Rule 2 (bill before suing) — taxation of costs — duty to render itemized bill and obtain instructions — prohibition on unilateral lien on client judgment funds.
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26 July 2023 |
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Changes to organisational structure made without the Authority’s Board were null and void, but termination by notice under the contract was lawful.
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Administrative law — Statutory body governance — Authority of Board of Trustees over structure and appointments — Director-General limited to day-to-day administration; changes made without properly constituted Board are null and void; distinction between unilateral variation of basic terms (redundancy) and lawful termination by contractually provided notice
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26 July 2023 |
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A collective agreement effective during fixed-term contracts can vary individual contract terms, entitling employees to the revised 35% gratuity.
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Collective agreements — effect on individual employment contracts — variation of contractual terms by collective agreement in force — end-of-contract gratuity computed at revised rate on last drawn salary; no retrospective alteration of past entitlements but lawful variation from effective date.
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26 July 2023 |
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A foreign-resident plaintiff must show fixed, permanent assets in Zambia to avoid an order for security for costs.
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Civil procedure — Security for costs — Discretionary relief under Order XL r.7–8 (High Court Rules) and Order 23 (Rules of the Supreme Court) — Factors: residence abroad, power of attorney, enforcement difficulty, and existence of fixed, permanent assets within jurisdiction — Evidential burden on foreign plaintiff to show substantial property available for costs.
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26 July 2023 |
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Unproven allegations of fraud, misrepresentation or secret meetings do not suffice to set aside an arbitral award under s.17.
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Arbitration Act s.17 — Setting aside arbitral award — Fraud, corruption or misrepresentation — Distinction between merits review (appeal) and grounds for setting aside — Requirement of tangible evidence; Procedural irregularity and proof of improper conduct.
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26 July 2023 |
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Appeal dismissed: dismissals unfair; first respondent deemed retired; second awarded 24 months’ salary; lower court costs set aside.
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Employment law — wrongful and unfair summary dismissal — communication of internal policy — delegated approval/splitting transactions — procedural fairness and reasons on appeal under Disciplinary Code — remedies: retirement deeming, compensation for unfair dismissal, mitigation for amounts already paid — costs under Industrial Relations Court Rules (Rule 44).
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24 July 2023 |
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Appeal succeeds where respondent failed to prove forgery; property declared part of deceased's estate and prior order set aside.
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Land and registration law — Allegation of fraud/forgery in title transfer — Pleading and proof of fraud requires particularity and a higher standard of proof; handwriting expert evidence where signature disputed — Section 33 & 34 Lands and Deeds Registry Act; Statute of Frauds — requirement for deed evidence; Joinder of interested third parties (CEEC) when title deeds held as loan collateral; Cohabitation does not automatically create marital rights.
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24 July 2023 |
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Fraud in transfer of title must be proved with cogent evidence; unchallenged pleadings do not substitute for required proof.
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Property law — title and certificate of title — proof of fraud and forgery — higher standard of proof for fraud — pleading and proof — cohabitation versus marriage — joinder of interested third parties (CEEC) holding title deeds.
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24 July 2023 |
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Allegations of fraud in land transfers require particularised proof; absence of evidence justified setting aside the return-of-title order.
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Land and Deeds Registry Act — Certificate of title conclusive but defeasible for impropriety or fraud; Fraud/forgery allegations must be pleaded with particularity and proved to a higher standard; disputed signatures — forensic/handwriting evidence ordinarily required; Cohabitation does not necessarily create matrimonial rights; Joinder of interested parties (CEEC) where title deeds are held as collateral.
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24 July 2023 |
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Whether alleged encroachment was proved without survey/boundary evidence; administrative letter alone was insufficient.
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Land law — alleged encroachment on state land — burden of proof; need for survey diagram or boundary evidence; inchoate interest and locus standi without formal offer; insufficiency of administrative letter as sole proof of encroachment; costs follow the event.
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21 July 2023 |
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Appeal upheld: court must grant special leave before reviewing out‑of‑time applications; delay unexplained and "fresh" evidence not established.
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Civil procedure — Review and special leave under Order 39(1)–(2) HCR — two‑stage procedure; delay justification required. — Fresh evidence threshold for review — discoverability and material effect. — Companies in liquidation — execution and priorities. — Compliance with Order 30 rule 3A(3): affidavit in opposition; regulatory nature and adjournment remedy.
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21 July 2023 |
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The respondent proved fair dismissal for dishonest conduct; the appellant's wrongful dismissal claim was dismissed.
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Employment law — wrongful dismissal — s.52(5) Employment Code (burden on employer) — disciplinary procedure — substratum of facts required to support dismissal — dishonest conduct; failure to follow revenue-handling procedures.
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21 July 2023 |
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Zambian (common) law does not recognize a general duty to negotiate in good faith; related damages are unavailable.
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Contract law — pre‑contractual negotiations — duty to negotiate in good faith — unenforceable in common law (Walford v Miles) — MOU non‑binding — damages unavailable — estoppel and civil‑law authorities inapposite.
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21 July 2023 |
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A single Judge dismissed third party's application for leave to appeal where out-of-time review lacked sufficient reasons and realistic prospects.
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Civil procedure — Leave to appeal — Single Judge jurisdiction to grant leave where High Court refused; Review applications — Order XXXIX Rule 2 requires review within 14 days or special leave; Delay and failure to disclose when applicant became aware of order fatal; Leave requires prima facie realistic prospects of success; Abuse of process where third party seeks to revive action not pursued by substantive parties.
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18 July 2023 |
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Vacant possession ordered after rescission; respondents’ improvements to be assessed and reimbursed; foreign-currency interest fixed at 4%.
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Contract rescission — restitution and prevention of unjust enrichment; improvements to land — proof and assessment of value; licence vs lease — gratuitous licence; mesne profits inapplicable to licensor/licensee; foreign-currency judgment interest — LIBOR-derived/low rate (substituted at 4%); enforcement of judgment and vacating possession.
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17 July 2023 |