Results.
18 judgments found.
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| December 2024 |
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Consent orders are final and only challengeable by fresh action; writs of possession require a possession order and notice to occupants.
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Civil procedure — Consent orders — Finality and manner of challenge (fresh action required); Enforcement of judgments — Writ of possession requires underlying possession order and leave of court; Requirement of notice to persons in actual possession before writ issued; Protection of innocent purchasers in possession.
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31 December 2024 |
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Whether the applicant may obtain review under Order 39 absent fresh material evidence, rather than appeal the ruling.
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Civil procedure — Review under Order 39 High Court Rules — discretionary power — review generally requires discovery of fresh material evidence not discoverable with reasonable diligence — review not to be used as an appeal; Discovery and inspection — procedural requirements when applying to file supplementary documents; Failure to exhibit documents may justify refusal to grant leave to produce them; Review vs appeal — limits to re‑litigation.
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31 December 2024 |
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Whether an employee who resigned is entitled to gratuity, pension portability and accrued leave; court ordered payments and pension statements.
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Employment law — termination by resignation — interplay of contractual entitlements (pre-2019) and Employment Code (post-2019) — Section 127 Employment Code; gratuity under Section 73 — pension portability and employer duty to provide statements (Pension Scheme Regulation Act s18) — accrued leave pay — burden of proof for salary arrears — interest and costs.
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30 December 2024 |
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Applicant failed to show special circumstances and realistic, irreparable prejudice to justify a stay pending appeal.
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Civil procedure — Stay of proceedings pending appeal — applicant must show realistic prospects of success and special/exceptional circumstances; balancing prejudice to parties.
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29 December 2024 |
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No binding rental lease found; joint tenant improving property entitled to equitable allowance; sale under Partition Act upheld.
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Contract law — Formation of lease — Offer, acceptance and counter-offers determining existence of binding rental agreement
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Property law — Joint tenancy — Occupation, exclusion and equitable allowance for unilateral repairs or improvements
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Civil procedure — Partition Act s.4 — Court discretion to order sale of co-owned property
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23 December 2024 |
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Stale theft claims barred by limitation; contractual cap (ZMW 2,500) on employee‑caused losses enforced; appeals dismissed.
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Limitation of actions — accrual of cause of action for theft; Contract law — enforceability of limitation/exemption clauses; Liability for employee‑committed theft as contractual negligence; Assessment of quantum limited by contractual cap; Requirement of pleadings and proof for damages and set‑off.
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23 December 2024 |
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23 December 2024 |
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Juvenile murder convicts must be sentenced under the law at the offence time—detention during President’s pleasure, not life imprisonment.
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Criminal law — Sentencing juvenile offenders convicted of murder — Application of law at time of offence — Section 25(2) Penal Code (pre-2022): detention during President's pleasure — subsequent statutory amendments not applicable retrospectively.
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18 December 2024 |
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Applicant convicted of defilement granted bail pending appeal where court found high prospects of success and imposed conditions.
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Criminal law — Bail pending appeal — Court of Appeal Act s18(1) — Previewing prospects of success — Criteria from Anuj Kumar Rathi Krishna (likelihood of success, exceptional circumstances, risk of serving sentence) — Defilement conviction — Conditions: K10,000 recognizance, two sureties, fortnightly reporting.
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18 December 2024 |
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Flawed trial-within-trial and premature admission of confessions rendered convictions unsafe; appellants acquitted.
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Criminal procedure — admissibility of confessions — identification and production procedure — conduct of trial within a trial — prohibition on using statement contents before admissibility — burden of proof.
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18 December 2024 |
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A bona fide restructuring that diminishes the need for particular work can lawfully justify redundancy; appeal dismissed.
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Employment law — Redundancy — Section 55(1)(b) — restructuring and diminished requirement for particular work; employment pool — lawful consequence of reorganisation; notice periods — contractual terms more favourable than statute (Section 127) prevail; constructive dismissal requires resignation; victimisation claims require evidential support.
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17 December 2024 |
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Section 54 severance pay does not apply to dismissed employees and permanent/pensionable employees except in redundancy cases.
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Employment law — Severance pay — Interpretation of Section 54 Employment Code Act — Distinction between dismissal and termination — Permanent and pensionable contracts — Redundancy — Measure of damages for unfair dismissal (notice period)
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10 December 2024 |
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Possession and active involvement can render the appellant personally liable for a missing vehicle despite not being estate administrator.
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Civil law — possession and control — liability for disappearance of property — burden of proof on balance of probabilities — personal liability despite non‑appointment as estate administrator; evidential weight of conduct (inspection, instructions, offers to compensate).
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10 December 2024 |
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Payment to the tax authority was not an unequivocal admission; summary judgment was inappropriate and the appeal is dismissed.
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Civil procedure — Judgment on admission — Admission must be clear, plain and unequivocal — Payment to tax authority does not necessarily constitute admission — Judicial discretion to refuse summary judgment where liability disputed — VAT liability and reservation of rights.
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9 December 2024 |
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A demand performance bond is autonomous and payable on compliance with its terms; alleged fraud must be pleaded and proved to a high standard.
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Performance bonds — autonomy of demand guarantees — conditions for payment; Fraud — burden and particularity of proof; Demand timing and statement of breach; Distinctness of bond claims and underlying contractual claims; Unjust enrichment/set-off rejected.
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9 December 2024 |
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Court retained jurisdiction despite lapse of one year and allowed substitution of the respondent to the correct legal entity.
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Jurisdiction — Industrial and Labour Relations Act — lapse of one year does not automatically terminate court's jurisdiction where Guardall decision has been overruled; Parties — substitution/joinder after judgment — permissible to join or substitute affected parties to avoid multiplicity and ensure justice; Precedent — Citibank v. Suhayl Dudhia reversed Guardall; Procedure — courts have discretion to add or substitute parties where outcome affects them
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9 December 2024 |
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Appeal dismissed: Order 14A properly applied; fraud not proved; action barred as multiplicity/res judicata; costs awarded.
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Civil procedure — Order 14A RSC — interlocutory determination disposing of matter without full trial; Fraud vitiating judgments — high onus of proof; Multiplicity of actions/res judicata — relitigation where fraud was previously litigated; Use of criminal proceedings in civil cases — evidential material admissible but conviction outcome not usable as proof; High Court judges — equal jurisdiction; setting aside another judge’s judgment requires established fraud.
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9 December 2024 |
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9 December 2024 |