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Citation
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Judgment date
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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.
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.
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.
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.
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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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |