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Citation
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Judgment date
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| June 2024 |
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Allotment of unissued insurer shares without members’ approval and paid consideration is void ab initio; appeal dismissed.
Company law – issued versus unissued shares – allotment/subscription of unissued shares – Section 216(1) repealed Companies Act – regulator’s minimum paid‑up capital (SI No.71 of 2015) – requirement for members’ approval and cash consideration – invalid allotment void ab initio – Turquand rule and s.216(5) inapplicable where statutory formalities absent or bad faith – improperly constituted board and void management acts.
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28 June 2024 |
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Arbitral award on statutory discrimination set aside because arbitrator exceeded contractual scope and matter was non-arbitrable.
Arbitration — scope of submission — jurisdiction of arbitrator; Arbitrability of statutory discrimination claims (Employment Code s.5); public policy and setting aside arbitral awards; pleadings and terms of reference; award exceeding mandate.
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27 June 2024 |
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Composite employee withdrawal notices are permissible, but employers must advise that withdrawal takes effect only after three months; appeal allowed in part.
Labour law – trade union subscription deductions – withdrawal from deduction agreements – validity of composite notices under s.22(2) – employer’s duty to advise on three-month notice; civil procedure – case management and closure for non-attendance.
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27 June 2024 |
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Failure to serve a mandatory letter of demand invalidated proceedings against that respondent; only that respondent's claim should be dismissed.
Civil procedure — Originating process and mandatory requirements — Order VI Rule 1(1)(d) High Court Rules — letter of demand — effect of non‑compliance; Order 14A (White Book) — jurisdiction to determine points of law finally; corporate personality — service on one group company not imputed to another; remedy limited to dismissal as against non‑served defendant.
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26 June 2024 |
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Court set aside an irregular late review that barred appellant’s witnesses for non-filing of witness statements.
Civil procedure — Interlocutory rulings — Review under Order 39 — Review period and requirement to afford parties hearing; Witness statements — Order XIX (as amended by S.I. No. 58 of 2020) — Mandatory filing vs. court’s discretion to permit testimony; Procedural irregularity — Effect of late, sua sponte alteration of an earlier ruling.
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26 June 2024 |
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A written payment-plan signed by the parties estops the appellant from reneging; outstanding terminal benefits award upheld.
Employment law – terminal benefits and payment-plan agreements – estoppel – admissibility of emails and extrinsic evidence to establish a settlement – failure to prove vehicle transfer as full and final settlement or set-off.
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26 June 2024 |
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Appeal dismissed: duty and breach proven but dependency unproven; award for loss of expectation of life upheld.
Negligence – statutory duty of care under wildlife legislation – loss of expectation of life – assessment of damages (exchange-rate and precedent considerations) – dependency claims under Fatal Accidents Act – burden and sufficiency of evidence to quantify special damages.
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21 June 2024 |
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Recognition by a known witness and bloodied trousers corroborated identification despite absent DNA, appeal dismissed.
Criminal law – Identification of accused – Recognition of known person – Corroboration by circumstantial evidence (blood-stained clothing as odd coincidence) – Absence of DNA does not automatically make conviction unsafe.
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21 June 2024 |
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Whether instant mob justice and untested confessions sustain murder convictions or warrant manslaughter substitution.
Criminal law – Confession evidence – trial must enquire into voluntariness before admission; Mob/instant justice – participation in collective assault may ground manslaughter but not necessarily murder absent common purpose; Cumulative assaults and causation – post‑mortem findings and eyewitnesses support liability.
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21 June 2024 |
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Leave to commence committal proceedings under Order 52 RSC is mandatory, must be ex parte, and absence of such leave divests the court of jurisdiction.
Civil procedure – Committal for contempt – Order 52 Rule 2 RSC – mandatory ex parte leave – jurisdictional requirement – hearing inter partes unlawful – merits cannot be decided before leave – remittal for fresh ex parte hearing; costs awarded to appellant.
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21 June 2024 |
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A provocation defence fails where the alleged provocative act was committed by a third party, not the deceased, so sentence upheld.
Criminal law — Murder — Provocation — Failed provocation may be extenuating — Section 206 Penal Code requires provocative act by the person killed — Ownership of weapon and conduct may rebut provocation claim.
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21 June 2024 |
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Appeal dismissed: sufficient evidence of stabbing and malice aforethought; no evidence to sustain provocation or self‑defence.
Criminal law – Murder – malice aforethought (s.204 Penal Code) – evidence of stabbing and post‑mortem findings – provocation and self‑defence require evidential basis – appellate restraint on interfering with reasonable factual findings – extenuating circumstances relate to sentencing.
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21 June 2024 |
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Appellate court found a trial judge's mathematical error left K29,000 outstanding and ordered payment before return of the title deed.
Contract/secured loan – forward purchase agreement – withholding of certificate of title; Evidence – proof of payments and attribution to loan officer; Appeal – appellate interference with factual findings where miscalculation/perverse finding; Remedies – order for payment, return of title deed or conveyance; Costs awarded.
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21 June 2024 |
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Interpleader resolves ownership of seized goods; alleged forcible entry requires separate proceedings and does not defeat interpleader.
Interpleader proceedings — ownership of goods seized in execution — scope limited to ownership disputes; alleged forcible entry/wrongful execution not determinative in interpleader; separate remedy required for wrongful execution; appellate review of factual findings (perversity/absence of evidence).
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20 June 2024 |
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A court lacks jurisdiction to amend commencement mode after finding wrong commencement; successful party entitled to costs.
Civil procedure — Mode of commencement — Originating summons vs writ — Court lacks jurisdiction to amend process after finding wrong commencement — Orders made thereafter invalid — 'Costs follow the event' principle — entitlement to costs where preliminary point succeeds.
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20 June 2024 |
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Claims against a bank taken into possession by the Bank of Zambia must follow the Act's liquidation procedures.
Banking and Financial Services Act 2017 – Bank of Zambia possession – liquidation schedule – customer statements – requirement to file claims/objections – jurisdiction of Industrial Relations Division – applicability of John Mutale.
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20 June 2024 |
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Court warns against uncritical reliance on handwriting experts but upholds ownership based on undisputed payment and conduct.
Evidence — Expert witnesses (handwriting) — Court's duty to see and assess documentary basis for expert opinion; Proof of title — payment of purchase balance and payment of ground rent as supporting ownership; Fraud/forgery allegations — need to be distinctly pleaded and proved.
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20 June 2024 |
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Whether Order 53(9)(1) allows joinder or only hearing of an interested party in judicial review proceedings.
Judicial review — Order 53(9)(1) RSC — hearing v. joinder of interested parties — sufficient interest — originator of complaint — police investigations — procedural fairness — costs to abide outcome.
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19 June 2024 |
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Whether disputes protecting registered surface rights must be litigated in the High Court or are mandatorily governed by the Mines Act’s arbitration regime.
Mines and Minerals Development Act (Part IV) — surface rights v. mining rights — jurisdiction of High Court for trespass claims — consent, compensation and arbitration provisions — interlocutory determination under Order 14A.
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19 June 2024 |
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Plaintiff may recommence after dismissal for want of prosecution; awarded costs must be taxed promptly and do not bar refiling.
Civil procedure – dismissal for want of prosecution – not a decision on the merits; fresh action permissible. Costs – successful party must tax within prescribed time (Order 62 r 29); failure to tax cannot bar refiling. Stay of proceedings pending payment of costs inappropriate; taxation procedure must be followed. Abuse of process.
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19 June 2024 |
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A summary dismissal for no cause of action without reasons or a hearing is irregular and is remitted for fresh hearing.
Civil procedure – striking out pleadings – dismissal for want of cause of action – discretionary summary power to strike out to be used only in plain and obvious cases – requirement to follow Order XIX Rule 3 (HCR) pre‑trial procedures – necessity for reasoned rulings and right to be heard.
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19 June 2024 |
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Where rescission and refund claims fall outside Order 12, a default judgment was improperly entered and the matter must be remitted for trial.
Civil procedure – Default judgment – Order 12 High Court Rules – Claims for rescission and refund of deposits not within categories permitting entry of default judgment – Misjoinder of procedure – Remedy is appeal and remittal for trial under Order 12(8) – Setting aside premature where judgment improperly entered.
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19 June 2024 |
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Non-parties must be joined before challenging a consent order; unsupported factual findings and premature trials warrant reversal.
Civil procedure — Consent judgments — Only parties (or properly joined non-parties) may challenge consent orders; joinder/fresh-action procedure required; appellate reversal where factual findings (fraud/registry irregularities) are unsupported; interlocutory objections must be determined before trial.
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19 June 2024 |
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19 June 2024 |
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Bank not liable where authorised signatories lawfully instructed payments and no written instruction or reasonable grounds required bank to inquire.
Banking law — mandate and agency — privity of contract — Quincecare/Quincecare‑type duty and APP fraud — scope of bank's duty to inquire when payments made by authorised signatories — entitlement to account viewing rights limited to authorised signatories and written instructions.
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13 June 2024 |
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Appeal dismissed: ex parte applications properly dismissed for want of prosecution due to appellant's inordinate delay and counsel's failure to follow up.
Civil procedure – dismissal for want of prosecution; ex parte applications – failure to prosecute; service of court directives – inference from circumstances; case management and duty of counsel; principles from Birkett v James applied.
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13 June 2024 |
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Dismissal for want of prosecution is not res judicata; fresh action permitted; awarded costs must be taxed and enforced separately.
Civil procedure – dismissal for want of prosecution not a decision on merits – res judicata inapplicable; entitlement to commence fresh action; costs recovery procedure (taxation within three months) – court will not stay fresh proceedings for unpaid taxed costs absent proper enforcement steps.
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13 June 2024 |
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Review is limited; fresh material evidence is required to reopen a dismissal for want of prosecution.
Civil procedure — Review under Order 39 Rule 1 — Limited scope; fresh material evidence required — Dismissal for want of prosecution — Consent order expressing intention to settle not a final consent judgment — Case management in commercial list.
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13 June 2024 |
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Appeal dismissed: High Court had jurisdiction; Ministry letters not formal decisions; adjournment refusal and lower court findings upheld.
Mining law — jurisdiction under MMDA sections 96–97 — notification v. decision; administrative appeals; powers to cancel/suspend licences; trial court discretion to adjourn; burden of proof on plaintiff.
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13 June 2024 |
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An exclusive UAE jurisdiction clause governed the contract; Zambian courts must decline jurisdiction under forum non conveniens.
Private international law – forum non conveniens – exclusive jurisdiction clause – governing law (UAE) – effect of foreign jurisdiction clauses – procedural defects (service address; leave to serve out of jurisdiction) – adequacy of pleading (fraud).
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13 June 2024 |
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An exclusive Dubai jurisdiction clause was enforced, holding Zambian courts lacked jurisdiction to hear the contract dispute.
Contract law – exclusive jurisdiction clause – forum non conveniens – governing law (UAE) – enforcement of foreign forum clause – leave to serve out of jurisdiction – procedural defects curable but irrelevant where forum inappropriate.
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13 June 2024 |
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A non‑party with sufficient interest may be joined to proceedings even after a consent judgment; fresh action may be inappropriate.
Civil procedure – Joinder after consent judgment – Order 15 Rule 6(2)(b) – Locus standi – When joinder preferable to fresh action.
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13 June 2024 |
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Appeal allowed: special damages unproven and contributory negligence re-apportioned 70%/30% (appellant/respondent).
Negligence – road traffic accident – special damages require specific pleading and proof – contributory negligence – apportionment of liability (70%/30%) – assessment by Registrar – interest and costs.
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11 June 2024 |
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Civil NCB forfeiture requires statutory notice and proof linking property to crime; criminal cautions demand voluntariness safeguards.
Forfeiture of proceeds of crime — Non-conviction (in rem) forfeiture — FPOCA notice requirements (s30) — Service out of jurisdiction vs statutory notice — Admissibility of warn and caution statements obtained in criminal investigations in civil forfeiture — Voluntariness and probative weight — Two-stage test for tainted property — Standard of proof: balance of probabilities.
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11 June 2024 |
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Failure to give statutorily required notice and lack of evidence connecting property to crime invalidated non-conviction forfeiture.
Forfeiture of proceeds of crime — Non-conviction forfeiture — Mandatory notice under s30 — "Tainted property" definition and burden on balance of probabilities — Inadmissibility/insufficiency of intelligence evidence — Improper focus on financial capacity.
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11 June 2024 |
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The appellant, as agent and bailee, was liable for stolen cement due to breach of duty; transaction was agency, not credit sale.
:[
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7 June 2024 |
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Appeal dismissed where appellant repeatedly defaulted and sought last‑minute adjournment in breach of court rules.
Civil procedure — Dismissal for want of prosecution; striking out vs dismissal; Order 35 r.2 High Court Rules; adjournment applications — Order 33 r.2 (10‑day notice) — viva voce adjournments; inordinate delay, contumelious default; mediation not excuse for last‑minute adjournment.
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7 June 2024 |
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Failure to file a memorandum of appearance and defence renders an Order 14A RSC preliminary motion incompetent and voids the resulting Ruling.
Civil procedure — Preliminary points under Order 14A RSC — prerequisite of filing memorandum of appearance and defence — failure renders motion incompetent; Lands and Deeds Registry Act — registration of leases; ex parte interim injunctions — Order 29/1 RSC v Order 27/4 HCR; appellate record requirements (pleadings).
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5 June 2024 |
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Appellate court will not overturn trial credibility findings in matrimonial disputes absent perversity, lack of evidence, or misapprehension.
Appeal — appellate review of findings of fact — credibility and demeanour — appellate interference only where findings are perverse, unsupported by relevant evidence, or based on misapprehension of facts — matrimonial causes — unreasonable behaviour and irretrievable breakdown.
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3 June 2024 |