Results.
18 judgments found.
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| January 2024 |
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Appellant failed to prove fraud; third‑party mortgage valid, permitting foreclosure and enforcement of the personal guarantee.
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Mortgage law — third‑party mortgage validity — allegation of forgery/fraud — standard of proof for fraud in civil cases — signature comparison and handwriting evidence — foreclosure and enforcement of personal guarantee.
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31 January 2024 |
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Costs ordinarily follow the event; interchangeable terminology did not justify denying the successful party costs.
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Civil procedure — Costs — Judicial discretion — Costs ordinarily follow the event — Successful party may be deprived of costs only for good reason — Pleading terminology ("terminal benefits" vs "long service bonus") not improper conduct — Judgment on admission.
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31 January 2024 |
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Court refused late cross-appeal applications for insufficient, unsubstantiated reasons and procedural noncompliance.
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Civil procedure — extension of time to file cross-appeal — Order 13 Rule 3(3) CAR — sufficiency of reasons — compliance with time limits — conflict of interest — abuse of process.
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30 January 2024 |
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Irrelevant proceedings in the record were expunged; late service was curable, leave granted, and costs ordered against the appellant.
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Court of Appeal Rules (Order X Rule 9) — Record of appeal must contain only materials necessary for determination; extraneous proceedings curable by expunction. Service of record and heads outside 14‑day period — regulatory breach not necessarily fatal; court may grant leave to serve out of time. Procedural non‑compliance — dismissal only where defect is incurable or causes prejudice. Costs ordered against appellant
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30 January 2024 |
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Appeal dismissed for failure to file record within time; belated extension application without sufficient explanation was rejected.
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Civil procedure — appeals — dismissal for want of prosecution — failure to file record of appeal within 60 days — reactive application for extension of time insufficient without good and convincing explanation — proof of service of requests for record — Article 118 (avoidance of technicalities) not a licence to flout procedural rules.
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26 January 2024 |
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A court granted the applicant's stay of execution pending appeal due to arguable prospects and risk of irreparable harm.
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Civil procedure — Stay of execution pending appeal — Renewal application competency — Test: prospects of success and irreparable harm — Real property risk of foreclosure.
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26 January 2024 |
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Appeal dismissed: confession to relatives upheld as credible; foreign postmortem expunged for lack of author’s evidence.
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Criminal law — Extra‑judicial confession to relatives — Admissibility and reliability; Postmortem report from foreign jurisdiction inadmissible without author giving evidence (s.191A CPC); Alibi not disclosed to police — no duty to investigate; Confession may ground conviction without corroboration where credible.
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26 January 2024 |
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Employee entitled to prior contractual redundancy rate, but not to continued wages during litigation.
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Employment law — redundancy — preservation of pre-acquisition contractual terms — calculation of redundancy entitlement (five months per year) — remedy for underpaid terminal benefits — limitation on awarding salaries during litigation (reliance on Mcqueen Zenzo Zaza v ZESCO).
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25 January 2024 |
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Appeal dismissed: no proven contract with respondent and no vicarious liability for employee's unauthorised acts.
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Contract formation — requirement of agreement and proof; Agency and authority — unauthorised acts and employee acting on a private job; Vicarious liability — employer not liable where employee acted outside authority; Turquand rule — exceptions where transaction appears suspicious; Appellate review — deference to trial findings of fact.
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25 January 2024 |
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Whether quarry blasting caused respondents' property damage and whether the trial court correctly found causation on the balance of probabilities.
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Environmental/tort — quarry blasting and property damage — causation on balance of probabilities — weight of expert evidence — appellate interference with trial findings of fact.
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25 January 2024 |
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Confession to a village headman is admissible; police confession narrated by civilians was excluded, but conviction for aiding and abetting upheld.
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Criminal law — admissibility of confession — village headman not a 'person in authority' requiring warn-and-caution; police confessions must comply with Judges' Rules — evidence of mere presence versus aiding and abetting under section 21 of the Penal Code.
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25 January 2024 |
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Bank liable where it failed to follow verification procedures for over‑the‑counter withdrawals, despite payments claimed to be in good faith.
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Banking law — duty of care to customers — payment on forged/unauthorised withdrawal slips — verification procedures; estoppel — requirement of evidence of reliance and prejudice; discretionary closure of trial and refusal of further adjournment; third‑party proceedings — failure to prosecute.
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24 January 2024 |
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Appellate court upheld trial finding of US$907,900 indebtedness, set aside remittal for assessment and ordered direct payment.
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Contract and evidence — acknowledgement of debt — sufficiency and corroboration; burden of proof in civil cases; appellate review of findings of fact — perverse/unwarranted interference; procedural non-compliance — substantive consideration in interest of justice; remittal for assessment vs. direct award.
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19 January 2024 |
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Ambiguous age report required juvenile consideration; death sentence set aside and replaced with one-year probation.
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Criminal law — murder sentencing — age determination ambiguity — possible juvenile status — misdirection by sentencing without pronouncing on age — death sentence set aside; substituted one-year probation under Probation of Offenders Act and Children's Code.
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19 January 2024 |
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Application for stay of execution dismissed for lack of prospects and because the Ruling sought to be stayed was not subject to appeal.
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Civil procedure — stay of execution pending appeal — discretionary remedy — applicant must show good and cogent reasons and prospects of success; court entitled to preview appeal prospects; stay ordinarily requires an appeal pending and will not be granted in respect of a ruling not appealed.
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19 January 2024 |
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16 January 2024 |
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A conditional leave to appeal imposed where no statutory leave was required is void; appeal competent, but appellant ordered to pay costs.
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Civil procedure — Appeal jurisdiction — Right of appeal under s.22 Court of Appeal Act — Conditional leave to appeal — Void ab initio — Compliance with court orders pending vacation or variation — Costs for disobedience of order.
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15 January 2024 |
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Conditional leave to appeal imposed where no leave was required was void ab initio; appeal competent but appellant ordered to pay costs.
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Civil appeal — final judgment — right of appeal under s.22 Court of Appeal Act — conditional leave requiring payment into court — ultra vires; nullity — effect of void orders (Macfoy) — duty to obey court orders until set aside (Majera) — conditional leave to be sparingly used — costs for disobedience of court orders.
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15 January 2024 |