Results.
348 judgments found.
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| November 2024 |
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A first offender who pleads guilty to causing death by dangerous driving should ordinarily be fined unless recklessness or aggravating factors are shown.
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Criminal law — Road Traffic Act s.161(1) — Causing death by dangerous driving — Sentencing — First offender — Plea of guilty — Fine preferred to imprisonment absent recklessness or aggravating factors; requirement for trial court to identify aggravating circumstances when imposing custodial sentence.
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4 November 2024 |
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Application to expunge affidavit passages and grant leave to appeal over refusal to allow examination of summoned witnesses in forfeiture proceedings.
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Civil procedure — Affidavit evidence — Limits on affidavits (opinion, legal argument, speculation) — Expungement under Order 41 White Book; Forfeiture proceedings — oral evidence vs affidavit procedure — legitimate expectation to call witnesses; Leave to appeal — realistic prospects of success and questions of public importance.
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4 November 2024 |
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Cause of action in land disputes accrues when the challenged certificate of title is issued, so limitation must be assessed accordingly.
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Limitation of actions — accrual of cause of action — land recovery — time runs when all material facts exist and a defendant can be sued — certificate of title issuance as triggering event — jurisdiction to dismiss on limitation requires clear entitlement.
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4 November 2024 |
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High Court lacked jurisdiction to transfer re-entry challenge; such claims must be brought in the Lands Tribunal.
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Lands Act s13(3) — certificate of re-entry — exclusive mode of commencement in the Lands Tribunal; High Court Act s13 — equitable jurisdiction; High Court Act s23(1) and High Court Rules Order 19(3)(u) — transfers within the High Court only; jurisdiction — subject-matter jurisdiction essential; forum shopping/abuse of process — discontinuance and recommencement.
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1 November 2024 |
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Applicants failed to show a point of law of public importance; leave to appeal and stay were refused.
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Appeal — Leave to appeal to Supreme Court — Section 13(3) Court of Appeal Act — Point of law of public importance — Receivership v Insolvency — Scope of third‑party fixed and floating charge — Notice of appointment limiting receiver to movable assets — Stay of execution.
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1 November 2024 |
| October 2024 |
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Court allowed the applicant's appeal because the High Court determined sua sponte legal issues without hearing the parties.
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Constitutional reference (Art.128(2)) — sua sponte determination — inherent jurisdiction vs Order 14A — audi alteram partem — locus standi — petition formalities.
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31 October 2024 |
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The applicant's dilatory conduct and failure to show sufficient cause justified refusal to set aside judgment obtained in his absence.
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Civil procedure — setting aside judgment obtained in absence — Order 35 rules 4 & 5 — "sufficient cause" — proof of service — case management and unless orders — finality of litigation — litigant dilatoriness.
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31 October 2024 |
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A garnishee order binds subsequent deposits into the same account: accruing credits may satisfy the outstanding judgment debt.
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Garnishee proceedings — third‑party debt order — Order 49 Rule 1 (White Book) — "debt due or accruing" — attachment of subsequent credits to the same account — Heppenstall distinguished — chose in action frozen for enforcement of judgment debt.
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31 October 2024 |
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Deposit of title deeds created an equitable mortgage; assigned receivables were not the sole security—appeal dismissed.
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Revolving invoice discounting facility — receivables as pledged source of repayment but not sole security — surrender/deposit of title deeds creates third‑party equitable mortgage — equity of redemption preserved — frustration not established.
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31 October 2024 |
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Specific performance and rescission are mutually exclusive; inconsistent remedies must be pleaded alternatively and the record remitted for rehearing.
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Specific performance; rescission of contract; inconsistent remedies must be pleaded in the alternative (Order XVIII Rule 15); trial court's election of remedy; defective pleadings; remission for fresh hearing.
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31 October 2024 |
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Appeal dismissed for non‑compliance with record‑of‑appeal rules where appellant delayed seeking amendment.
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Appeal procedure — defective record of appeal — non‑compliance with Order 10 Rule 9(5)(c) and 9(7) — jurisdictional preliminary objection — discretion to allow amendment — delay fatal to relief.
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31 October 2024 |
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Appellant must refund ZMW 1,220,843 taken to pay ZRA; fraud claims dismissed; costs awarded to the respondent.
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Commercial law — recovery of funds paid for release of impounded goods — payment intended for tax to revenue authority versus consultancy fee — misappropriation/repayment — proof required for fraudulent misrepresentation — costs follow the event; appellate restraint on interfering with trial judge's discretion.
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31 October 2024 |
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The appellant’s diary error was not a sufficient excuse; the application to set aside was time‑barred and appeal dismissed.
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Civil procedure — Setting aside judgment obtained in absence of a party — Order XXXV High Court Rules and Order XXXV Rules of the Supreme Court — seven‑day time limit for application to set aside — adequacy of explanation for non‑attendance — discretion to reopen trial — costs as alternative remedy.
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31 October 2024 |
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Whether a tribunal abused its discretion in ordering subpoenas absent detailed findings of disputed facts.
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Procedure — Capital Markets Tribunal — Power to subpoena witnesses and compel documents — Applicant must show contested factual issues and good reasons — Appellate review by abuse-of-discretion standard — Extempore rulings need not recite full argument if reason for decision is discernable.
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31 October 2024 |
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The appellant's contingency-fee agreement contingent on litigation recovery was illegal and unenforceable under Rule 8.
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Legal practitioners — Contingency fees — Definition and prohibition under Rule 8 of the Legal Practitioners Practice Rules — Debt-collection agreements contingent on recovery unenforceable when recovery achieved through litigation — Distinction between contentious and non-contentious business — Conveyancing and Non-Contentious Matters (Costs) Order exception requires express post-litigation agreement.
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30 October 2024 |
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Part performance and documentary memoranda can satisfy the Statute of Frauds for a land sale; vendor cannot unilaterally revise price.
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Property law — Sale of land — Statute of Frauds (Section 4) — sufficiency of memorandum and part performance; change of relationship from landlord/tenant to vendor/purchaser; vendor’s attempted unilateral price increase and demand for rent; time not of the essence in open-ended sale agreements.
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30 October 2024 |
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Return or replacement of the sold decanter was a condition precedent to payment; appeal dismissed.
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Contract/sale of shares — subject-matter (decanter) as integral asset — condition precedent to payment — interpretation of court judgments — inherent jurisdiction to clarify orders — writ of fieri facias and stay of execution.
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30 October 2024 |
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Court of Appeal set aside dismissal for want of prosecution and remitted case for trial, finding adjournment justified.
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Civil procedure — dismissal for want of prosecution — adjournment — inherent jurisdiction — inordinate delay vs. excusable absence — appellate interference with trial court's discretion — matter restored and remitted for trial.
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30 October 2024 |
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Appellant lacked standing to challenge sale under separate charging-order proceedings; appellate court affirmed trial findings and dismissed appeal.
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Civil procedure — charging orders and orders for sale — locus to challenge orders granted in separate proceedings — appellate deference to trial findings; property law — bona fide purchaser for value without notice; administrative/contractual claims — entitlement of sitting tenant to purchase; execution by charging order — procedural requirements and effect.
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29 October 2024 |
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Appeal allowed: Registrar miscalculated damages; correct judgment debt ZMW 790,023.24 with post-judgment interest at 9.5%.
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Civil appeal — assessment of damages — misapprehension of facts by Registrar — correct measure of loss is actual outlay less payments received — interest at average short-term deposit rate for assessment period; post-judgment interest at 9.5% per annum.
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23 October 2024 |
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The appellant's challenges to identification and circumstantial evidence failed; conviction and death sentence upheld.
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Criminal law — identification evidence — reliability of relative witness; corroboration not always required if danger of false implication excluded. Criminal law — circumstantial evidence — odd coincidences can produce only one reasonable inference of guilt. Criminal procedure — evaluation of alibi and investigative omissions in safety of conviction
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17 October 2024 |
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Relative's credible identification plus compelling circumstantial evidence upheld the murder conviction and death sentence.
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Criminal law — Murder; Identification by relative witness — admissibility and need for corroboration; Circumstantial evidence — odd coincidences and last-seen principle; Safety of conviction; Appeal dismissed.
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17 October 2024 |
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Appellant's murder conviction upheld: relative's identification and circumstantial 'odd coincidences' established guilt as the only reasonable inference.
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Criminal law — Identification by close relative — Corroboration of witness with alleged interest — Circumstantial evidence — 'last seen' and 'odd coincidences' doctrine.
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17 October 2024 |
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The appellant's appeal dismissed; conviction and death sentence upheld on reliable single identifying witness evidence.
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Criminal law — murder; single identifying witness; identification at night; danger of mistaken identity; alibi evidence; appellate review of credibility.
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17 October 2024 |
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A caveat requires proof of an enforceable legal or equitable interest; absent such proof, it must be removed and statutory liquidation remedies followed.
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Lands and Deeds Registry Act s76—caveatable interest; requirement of legal/equitable interest; absence of mortgage/assignment; promissory estoppel inapplicable; liquidation—statutory remedies under Banking and Financial Services Act.
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10 October 2024 |
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Respondent failed to prove the identity of plots; cancellation of the appellant's certificate of title was set aside.
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Land law — identity of land — proof of identity of parcel (Plot FS-3/F53 v Stand No. 10959) — burden of proof on claimant; Certificate of title — cancellation only on proven fraud or impropriety and proper evidence; Pleadings — relief must be supported by pleaded case; Appellate interference with trial findings of fact.
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10 October 2024 |
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Hearing an appeal without proof of service breached natural justice; appeal allowed and matter remitted to the High Court.
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Civil procedure — Service of process — High Court Rules Order 10 Rule 3 — requirement for acknowledgment or affidavit of service where default may lead to final judgment — right to be heard/natural justice — hearing in absence without proof of service vitiates decision — matter remitted for rehearing.
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9 October 2024 |
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Leave granted because non‑conviction forfeiture issues raise points of law of public importance.
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Non‑conviction asset forfeiture — admissibility of evidence from criminal investigations in civil forfeiture — burden of proof under s33 FPOCA — individual culpability — leave to appeal under s13.
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7 October 2024 |
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Whether a High Court tort claim is an abuse of process when a related labour claim is pending before the Industrial Relations Court.
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Civil procedure — multiplicity of actions and abuse of process; distinguishing labour (constructive dismissal) and tort claims; jurisdiction of Industrial Relations Court; access to justice (Article 118) — striking out as extinguishing remedy; remittal for trial.
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7 October 2024 |
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A Certificate of Title may be cancelled if procured in breach of prescribed allocation procedures; unsigned offer letters and unproved revocation allegations fail.
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Land law — Circular No. 1 of 1985 — procedure for allocations and council recommendations; Certificate of Title — conclusive evidence but subject to cancellation for fraud or procedural impropriety; validity/authentication of offer letters; judicial notice and burden of proof; appellate interference with trial factual findings.
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3 October 2024 |
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Court upheld cancellation of a title obtained without following statutory allocation procedures; unsigned offer letter unauthenticated.
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Lands — Certificate of Title — Cancellation for procedural impropriety — Circular No. 1 of 1985 — Offer letters and authentication — Judicial notice of administrative revocation — Proof of payment and employee concessions.
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3 October 2024 |
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Damages for pain and anguish require specific pleading and proof; employer must remit payroll loan deductions or repay employees.
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Employment law — redundancy — payroll loan deductions — employer's obligation to remit deductions or repay employees; damages for pain and anguish — must be specifically pleaded and proved; appellate review — abandoned grounds deemed abandoned for lack of argument.
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3 October 2024 |
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Allegations of forgery require clear pleading and higher proof; respondent proved contract and entitlement to specific performance.
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Contract law — specific performance — remedy available where respondent proved contract and payments.
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2 October 2024 |
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Employer must remit or return payroll-deducted loan monies; damages for mental anguish require specific pleading and proof.
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Employment law — redundancy — payroll deductions for loan repayments — employer's withholding and non-remittance; Civil procedure — pleading and proof — damages for pain and anguish must be specifically pleaded and proven; Remedies — restitution to employees where third-party creditor is not party to proceedings.
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2 October 2024 |
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High Court judgment set aside for failing to state adequate reasons; matter remitted for rehearing before a different judge.
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Judgment-writing standards — requirement to state concise facts, issues, findings and reasons; Failure to reveal court’s reasoning — judgment set aside; Remittal for re‑hearing before different judge; Ambiguity in orders and unenforceable decisions; Costs to abide outcome of rehearing.
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2 October 2024 |
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Appellant failed to prove entitlement to additional responsibility allowance; appeal dismissed and costs awarded to respondent.
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Employment law — Additional responsibility allowance — Requirement of written communication to prove formal appointment to additional duties; proof of entitlement; calculation of terminal benefits; appellate review of factual findings; costs follow the event.
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2 October 2024 |
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Court raised jurisdiction sua sponte and set aside lower court judgment because Local Court lacked authority to appoint the administrator.
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Civil procedure — jurisdiction — court may raise jurisdiction suo motu — Intestate Succession Act s.43 limits Local Court jurisdiction to estates ≤ K50 — appointment of administrator by Local Court exceeding limit is void — transactions by an unauthorized administrator invalid — judgments without jurisdiction are null and void.
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2 October 2024 |
| September 2024 |
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Majority denied leave and stay, holding registration defects curable under the Lands and Deeds Registry Act; dissent would grant leave.
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Court of Appeal — leave to appeal (s.13 Court of Appeal Act) — Lands and Deeds Registry Act (s.5, s.6) — registration of letters of administration — whether non-registration curable by court — extension of time for registration — stay of execution — execution already effected — majority refusal, dissent granting leave.
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30 September 2024 |
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The applicant's refusal to transfer after corporate restructuring did not amount to redundancy or constructive dismissal.
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Employment law — corporate restructuring and acquisition — transfer of rights/obligations; redundancy — when redundancy arises; constructive dismissal — test for breach of fundamental term; contractual interpretation — 'salary review' not inherently an increase; contra proferentem inapplicable where clause clear.
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30 September 2024 |
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18 September 2024 |
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18 September 2024 |
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18 September 2024 |
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Appellant entitled to contractual and statutory accrued service benefits; costs not awarded absent misconduct under Rule 44(1).
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Employment law — accrued service benefits and severance pay — applicability of Employment Code Act s.54(1)(c) from date of enactment; contracts providing more favourable terms prevail (s.127); Industrial Relations Court Rules — Rule 44(1) limits awards of costs to cases of unreasonable, improper or vexatious conduct.
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18 September 2024 |
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17 September 2024 |
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An appeal was dismissed because a late application for extension of time rendered the extension order a nullity, depriving the court of jurisdiction.
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Civil procedure — extension of time — jurisdiction — late application renders extension order a nullity — Court of Appeal lacks jurisdiction — appeal dismissed.
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16 September 2024 |
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Misjoinder upheld where cybersecurity regulator lacked investigatory mandate and no cause of action was disclosed.
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Administrative law — judicial review — misjoinder — necessity to disclose a decision or omission — Cyber Security and Cyber Crimes Act — scope of regulator’s mandate — mandamus — costs.
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12 September 2024 |
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Default judgment set aside where claims against the defaulting defendant were inseparable from claims against other defendants.
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Civil procedure — Default judgment — Multi-defendant actions — Where claims against defaulting defendant cannot be dealt with separately, default judgment should not be entered pending determination of liability against other defendants — Setting aside default judgment: defence on merits and promptness but also avoidance of inconsistent judgments.
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10 September 2024 |
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Writs for service out of jurisdiction must be accompanied by a statement of claim; Registrar’s decisions require appeal under Companies Act.
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Civil procedure — service out of jurisdiction — Order X R16 HCR — Order 6 R1 (SI 58/2020) requires statement of claim with writ — mode of commencement — s341 Companies Act — appeal from Registrar — costs discretion.
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9 September 2024 |
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Court partially upheld property division, excluded unproven borehole and ordered expert valuation of vehicle; cattle award affirmed.
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Matrimonial property division — proof of acquisition during marriage — burden on party alleging asset is matrimonial — appellate restraint on factual findings — valuation and depreciation of assets — appellate judge must not assume valuer's role; expert valuation required — polygamy considered in apportionment.
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4 September 2024 |
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4 September 2024 |