Results.
30 judgments found.
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| May 2024 |
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Appeal allowed: proceedings were brought against the wrong receiver and fraud was not proved to lift the corporate veil.
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Corporate veil — Lifting corporate veil under s.175 Corporate Insolvency Act — Requirement of high standard of proof for fraud — Substituted service — Proceedings instituted against wrong party (change of receiver).
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31 May 2024 |
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Court dismissed appeal and upheld order directing State-held funds into Court pending resolution; unapproved consent order ineffective.
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Procedural law — payment into Court pending determination; consent orders — require court approval to take effect; State Proceedings Act s.24 — court may restrain payment and direct monies payable by State into Court; right to be heard via affidavits.
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31 May 2024 |
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A late-filed defence filed before default judgment may be accepted and amended where the original order was not peremptory and no prejudice arises.
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Civil procedure — default judgment and appearance — Order 11 Rule 1(3) — late filing of defence; Procedural orders — peremptory (unless) orders v. directory orders; Amendment of pleadings — leave to amend where no prejudice and no new issues; Judicial discretion — curing technical procedural lapses; Constitution — Article 118(2)(e) administration of justice without undue regard to procedural technicalities.
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29 May 2024 |
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Whether a chieftaincy succession dispute can be decided under Order 14A or requires a full trial to resolve intertwined factual and legal issues.
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Procedure — Order 14A RSC — suitability for determination on point of law; Customary law — installation and recognition of subordinate chiefs; Interplay of fact and law — where factual disputes are interwoven with legal questions a full trial is required; Constitutional Court authorities preserving traditional recognition powers of the Litunga.
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29 May 2024 |
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The Attorney General lacked sufficient interest to be joined as intervenor in an appeal over a bank's immunity and a consent judgment.
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Joinder — Attorney General — Amicus Curiae/Intervenor — sufficient interest/locus standi — sovereign immunity under SI No.123 of 1992 and COMESA/TDB charter — consent judgment between private parties — interest of justice — procedural discretion.
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29 May 2024 |
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Attorney General's application to be joined as intervenor was refused for lack of sufficient interest and potential prejudice.
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Civil procedure — Joinder and intervention — Order 15 RSC — Amicus Curiae vs intervenor — Attorney General’s right to intervene when Crown prerogative or public policy affected; International law — immunity from suit of regional development bank — locus standi and sufficient interest; Consent judgments — challenge by fresh action; Stare decisis — per incuriam argument against Supreme Court precedent (Ventriglia).
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29 May 2024 |
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Section 40 IGPA allows private civil damages claims for loss from alleged abuse of dominance despite CCPC penalties.
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Competition law — abuse of dominance — civil remedies for loss — Section 40 Interpretation and General Provisions Act preserves civil liability despite CCPC penalties — jurisdiction to hear damages claims — cause of action and interlocutory dismissal.
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28 May 2024 |
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Whether Regulation 10A(3) ousts court jurisdiction to challenge the President's cancellation of an officer's commission.
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Defence Act — Regulation 10A(2)-(3) — ouster clause — 'proceedings' includes judicial proceedings — presidential cancellation of commission final — jurisdiction ousted — statutory interpretation — accrued rights distinguished.
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15 May 2024 |
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Whether incorporated trust pleadings disclose tortious causes of action and whether omission of "Registered Trustees" justified striking out.
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Civil procedure — strike out — cause of action — tortious claims for forcible eviction and damages; Trusts — Land (Perpetual Succession) Act — incorporated trust (Registered Trustees) can sue and be sued; Abuse of process — multiplicity of actions and nexus with earlier trusteeship dispute.
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15 May 2024 |
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Court erred in dismissing action for want of prosecution instead of striking it out when adjournment was refused.
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Civil procedure — Dismissal for want of prosecution — Where plaintiff absent but represented, proper course is striking out from active cause list with liberty to restore — Adjournment applications require compelling evidence — Court-driven case management and repeated mediation referrals relevant to attribution of delay — Review of judgment requires fresh evidence not previously available.
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15 May 2024 |
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Joinder affirmed: a Certificate of Title showing a prima facie interest suffices at joinder; conflicting survey or sale issues are for trial.
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Civil procedure — Joinder of parties (Order 14 r.5 HCR) — Locus standi — Certificate of title as prima facie proof of interest — Preventing multiplicity of actions — Interlocutory relief versus trial of disputed title and contract issues.
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15 May 2024 |
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Non-execution of a conditional equity agreement was not a breach; employer complied with repatriation by providing an unused ticket.
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Employment law — equity participation clause — separate agreement — conditions precedent — non-execution no breach; Immigration and Deportation Act s28(8) — employer repatriation obligation — provision of air ticket — failure to utilise ticket — evidential burden; appellate review — setting aside orders unsupported by evidence.
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14 May 2024 |
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Levelling execution for unassessed or unawarded contractual interest is irregular when judgment awarded LIBOR interest only.
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Civil procedure — execution — writ of fieri facias — irregularity where interest endorsed was not assessed or agreed; Affidavit in reply — no leave required to file; Interest on judgment — judgment on admission awarded LIBOR not contractual interest; party cannot unilaterally compute and levy execution for unassessed interest.
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14 May 2024 |
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14 May 2024 |
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Application to extend time to appeal dismissed because leave to appeal was not obtained, depriving the Court of jurisdiction.
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Civil procedure — Appeal procedure — Leave to appeal refused by High Court — Applicant must apply for leave to appeal to single Judge of Court of Appeal — Extension of time to appeal cannot be granted in absence of leave — Jurisdictional defect.
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13 May 2024 |
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Correction under the slip rule is limited to clerical slips and must be sought from the judge who gave the original judgment.
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Civil procedure — Correction of judgment (Order 20, Rule 11 RSC) — Slip rule limited to clerical mistakes or accidental omissions — Application for correction should be made to the judge who pronounced the judgment — Res judicata and functus officio limit post‑judgment corrections — Delay and belated applications may constitute abuse of process.
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10 May 2024 |
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Judgment on admission set aside: admissions were not clear or unequivocal, matter remitted for trial.
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Civil procedure — judgment on admission; admissions must be clear, unequivocal and unambiguous — village banking groups versus corporate promoter — withdrawal of admission — amendment of pleadings — remittal for trial.
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10 May 2024 |
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A shareholder cannot be joined over company property without demonstrating a legal interest likely to be affected by the proceedings.
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Joinder — Order 14/5(1) HCR — requirement to claim a share or interest and likelihood of being affected; Company law — separate legal personality (Salomon) — shareholders have no proprietary interest in company property; Charging order — procedural challenge not raised below.
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9 May 2024 |
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Appeal dismissed: smuggling conviction upheld where financial gain and corroboration proven by documents, admissions and immigration evidence.
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Anti‑Human Trafficking Act — smuggling persons — elements require procurement of illegal entry for financial/material gain; corroboration of interested witnesses — possession of forged travel documents and absence of immigration entries as corroboration; accomplice/associated persons — inferences from admissions and conduct; sentencing — mandatory minimum custodial term.
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8 May 2024 |
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Whether arbitration and Belgian forum clauses in a marine policy oust Zambian jurisdiction and the effect of insurance statute repeal.
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Arbitration clause — construction and effect of mandatory arbitration; forum clause — choice of Belgium and Belgian law; Article 7.3 (assured’s election of court proceedings) — effect and limits; insurance statute (s.120 1997 / s.166 2021) — commencement and retrospective application; contracts in contravention of statute — penalty versus voidness; forum non conveniens and relevance of fraud allegations to jurisdiction.
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3 May 2024 |
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Cause of action accrued on acquittal; absence of notice did not postpone limitation period under Limitation Act.
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Limitation of actions — Malicious prosecution and false imprisonment — cause of action accrues on date of acquittal — absence of notice of acquittal not fatal to commencing action — Limitation Act 1939 s.26 (postponement for fraud) considered but not shown to apply.
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3 May 2024 |
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Appellant’s failure to verify leave for late filings justified dismissal of the objection and costs against the appellant.
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Civil procedure — Preliminary objection to witness statement — High Court (Amendment) Rules, Order 30A Rule 3A(3) — requirement to file affidavit in opposition — leave to file documents out of time — duty to check registry for ex parte leave — costs for causing delay and wasting court time.
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3 May 2024 |
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Court set aside order piercing the corporate veil for lack of probative evidence; refusal of security for costs upheld.
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Company law — Corporate personality — Piercing the corporate veil — Section 175 Corporate Insolvency Act — concealment/evasion/fraud and absence of conventional remedies required — courts must require probative evidence before lifting veil; Security for costs — discretionary, assessed on all circumstances.
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3 May 2024 |
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Court set aside dismissal of rights-based claims and remitted matter for hearing due to denial of a fair opportunity to be heard.
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Constitutional law — mode of commencement — Article 28 and Protection of Fundamental Rights Rules — Order 14A RSC — preliminary issues vs full trial — procedural fairness — sua sponte jurisdiction to raise mode of commencement — remittal for directions.
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3 May 2024 |
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Delay of 1 year+ held inordinate; ex curia talks and Labour Office engagement do not toll time.
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Industrial and labour relations — Leave to file complaint out of time — Inordinate delay — Ex curia settlement negotiations do not stop time — Exhaustion of administrative channels means internal employer procedures — Costs under Rule 44 — Award set aside.
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2 May 2024 |
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Whether a bank is liable for unauthorized mobile-banking withdrawals where a former director’s phone remained linked to the company account.
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Banking law — Mobile/cell-phone banking — Mandate and authority — Liability for unauthorized withdrawals — Third-party indemnity — Appellate review of findings of fact — Due diligence in corporate acquisitions.
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2 May 2024 |
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Conviction of a juvenile without parent/guardian present is null; delayed confirmation of reformatory orders may justify substitution with probation.
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Juvenile law — Parent/guardian attendance mandatory under s127 — absence renders proceedings a nullity; Juvenile detention — s94 requires conveyance to receiving centre pending confirmation; Delay in confirmation and custody conditions warrant resentencing; Credit for time served may make retrial inappropriate; Substitution with probation under Probation of Offenders Act.
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2 May 2024 |
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2 May 2024 |
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Whether the High Court General Division has jurisdiction over redundancy-payment disputes versus exclusive Industrial Relations Division jurisdiction.
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'Jurisdiction' — High Court (General Division) retains jurisdiction over pure master-and-servant employment disputes;Industrial Relations Division — exclusive jurisdiction over collective disputes and interpretation of collective/recognition agreements under s.85(9);Employment law — interpretation of Employment Code ss.54 and 55 may be heard in General Division when arising from individual redundancy claims;Procedure — dismissal for want of jurisdiction where General Division competent was erroneous;Costs — general rule costs follow the event, but appellate discretion to make costs abide trial outcome.
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2 May 2024 |
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Attempted murder requires proof of actual intent to kill; malice aforethought may be proved by knowledge the act would probably cause death.
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Criminal law — Murder: circumstantial evidence — malice aforethought under s.204(b) (knowledge that act will probably cause death) — Attempted murder: requires proof of actual intent to kill, not mere inference — Substitution to maliciously administering poison (s.231) where intent to kill unproven.
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2 May 2024 |