Results.
348 judgments found.
|
|
|
| August 2024 |
|
|
Leave to appeal refused: no public importance or reasonable prospects regarding authority to charge authorisation fees.
-
Leave to appeal — Section 13 Court of Appeal Act — point of law of public importance — reasonable prospects of success — securities regulation — authority to charge authorisation fees — repealed Securities Act and rules — finality of litigation.
|
1 August 2024 |
| July 2024 |
|
|
Appeal upheld partly: procedure was followed but charges lacked factual basis; six months' salary awarded.
-
Employment law — disciplinary procedure — wrongful dismissal (procedural) — substratum of facts — abuse of office and corruption require personal/monetary/material gain — inadequate evidence — damages awarded.
|
31 July 2024 |
|
Whether later private allocation of compulsorily acquired land proves the applicant's fraud claim to set aside prior judgments.
-
Civil procedure — Setting aside judgment procured by fraud — Requirement of fresh evidence proving conscious dishonesty at time of original trial — Allocation of compulsorily acquired land to private entities after judgments not per se proof of fraud — Lands acquisition; public purpose.
|
30 July 2024 |
|
Unobjected-to evidence of an exclusion clause in a transport quotation binds the insured and the insurer by subrogation.
-
Insurance law — Subrogation — insurer steps into insured’s rights but obtains no greater rights; Contract — incorporation of exclusion clause by quotation/notice and acceptance; Evidence — unpleaded matters admissible if led and not objected to; Carriage law — "owner's risk" exclusion effect on carrier liability.
|
26 July 2024 |
|
Counterclaim struck out as multiplicity where same parties and issues duplicated earlier proceedings; appeal dismissed and causes consolidated.
-
Civil procedure — multiplicity of actions — counterclaim struck out where same parties and same subject matter (Emergency Bail-Out Agreement and debentures) duplicated earlier proceedings; forum shopping disapproved; arbitration/jurisdiction point not determinative here; consolidation ordered.
|
26 July 2024 |
|
Court of Appeal finds trust deeds valid, appellant owner, respondent must account for rents and profits.
-
Trusts — validity and effect of unregistered trust deeds — transmission of shares and capacity to sue — evidentiary weight of certificates of title versus equitable trusts — duty to account for rents and profits — appellate review of interlocutory rulings.
|
26 July 2024 |
|
Trust deeds held valid; respondent found trustee of three plots and ordered to account for rents and profits.
-
Trusts — validity of unregistered trust deeds; Transmission of shares — personal representative’s capacity to sue; Land conveyance — assignments and lands register vs. alleged third‑party purchase; Equity — trustee’s duty to account and remedies for rents and profits; Lands and Deeds Registry Act — certificates of title not dispositive where equitable trust exists.
|
26 July 2024 |
|
Where a valid arbitration agreement exists, the court must stay proceedings and refer the parties to arbitration, ousting its jurisdiction.
-
Arbitration law — validity and construction of arbitration clauses; unilateral/pathological arbitration clauses; Arbitration Act s.10 — duty of court to stay proceedings and refer to arbitration; effect of valid arbitration clause on jurisdiction to determine default judgment; setting aside default judgment rendered otiose where arbitration referral succeeds.
|
25 July 2024 |
|
E-mail formed a conditional contract (performance contingent on sale of rig); no partnership proven; damages set aside.
-
Contract — e-mail as agreement — condition precedent (sale of asset) suspending performance; Partnership — no evidence of partnership; Finding of lien perverse and set aside; Damages not proved; Counterclaims dismissed for lack of evidence.
|
25 July 2024 |
|
Court may amend proceedings and substitute parties suo motu after a corporate takeover to preserve justice, absent prejudice.
-
Civil procedure — locus standi — corporate takeover — substitution of parties; Court’s power to amend proceedings and substitute parties suo motu under High Court Rules (Orders 3, 16, 18); judicial notice of corporate status; prejudice and interests of justice in deciding remedy.
|
22 July 2024 |
|
A statutory anti‑corruption agency may be a "public prosecutor" and taint of property must be decided on full evidence, not interlocutory review.
-
Forfeiture law — public prosecutor — statutory anti‑corruption agency as prosecutor; Forfeiture proceedings — tainted property — merits issue not for interlocutory determination; Civil forfeiture — non‑conviction based — parallel to criminal proceedings; Abuse of process — forum shopping — not established by concurrent civil and criminal actions; Costs — discretionary; parties to bear own costs due to novel issues.
|
22 July 2024 |
|
Renewed application for leave to appeal filed after 14‑day limit was incompetent and dismissed; costs awarded to respondent.
-
Civil procedure — Leave to appeal — Renewed applications to a single judge — Order 10 Rule 2(1) Court of Appeal Rules — 14‑day time limit — Competence and jurisdiction — Failure to seek extension of time — Costs awarded.
|
18 July 2024 |
|
Non‑registration of a lease does not bar refund of a security deposit where a periodic tenancy exists; deposit cannot satisfy another company's debt.
-
Lease law — non‑registration under Lands and Deeds Registry Act — effect on enforceability; Security deposit — entitlement to refund where tenant vacated and premises cleared; Periodic tenancy created by possession and payment of rent despite unregistered lease; Separate legal personality of companies — limits on piercing the corporate veil; Pleadings and appellate practice — new issues not raised at trial generally cannot be raised on appeal; Extempore judgments — appropriate in straightforward cases.
|
12 July 2024 |
|
The respondent failed to prove the alleged USD183,017.98 debt; judgment entered for admitted USD70,100.98 and balance referred.
-
Commercial division — account reconciliation — burden of proof — sufficiency of documentary evidence — appellate review of perverse findings — adjournment discretion and case management — requirements of judgment writing — referral to Registrar for assessment.
|
11 July 2024 |
|
Appellants' challenge to the Registrar's damages assessment for wrongful execution dismissed for lack of specified errors and evidence.
-
Civil procedure — Appeal grounds — Order X r.9(2) Court of Appeal Rules — requirement to specify errors of law or fact; Damages — assessment — burden to prove special and general damages; Wrongful execution — exemplary damages; Appellate review — deference to Registrar's factual findings.
|
11 July 2024 |
|
Directors may be held personally liable under s175 CIA where company used to deprive a creditor of funds; charging order set aside.
-
Company law — Piercing corporate veil — Section 175 Corporate Insolvency Act — Intent to defraud creditors or improper use of corporate form suffices — Fraud not always required — Tracing and constructive trust — Charging orders under Order 50 Rule 1.
|
4 July 2024 |
|
Employer's failure to conduct mandatory consultation under s.55(2) made redundancies wrongful; 12‑month damages reduced to three months.
-
Employment law — Redundancy — Mandatory consultation under clause 22.8(b),(g) and s.55(2) Employment Code Act — failure to consult is a breach and renders redundancy wrongful/unlawful — parties cannot contract out of statutory mandatory procedure — damages may exceed notice period where special factors; appellate reduction of excessive award.
|
4 July 2024 |
|
Absence of the required digital confirmation/ticket meant the appellant failed to prove a valid lottery entry or entitlement to the jackpot.
-
Contract formation — Online lottery entries — requirement of electronic confirmation/ticket — payment confirmation alone insufficient; burden of proof on claimant to prove valid entry; electronic transaction logs and terms prevail.
|
4 July 2024 |
| June 2024 |
|
|
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.
|
28 June 2024 |
|
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.
|
27 June 2024 |
|
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.
|
27 June 2024 |
|
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.
|
26 June 2024 |
|
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
|
26 June 2024 |
|
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.
|
26 June 2024 |
|
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.
|
21 June 2024 |
|
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.
|
21 June 2024 |
|
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.
|
21 June 2024 |
|
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.
|
21 June 2024 |
|
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.
|
21 June 2024 |
|
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.
|
21 June 2024 |
|
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.
|
21 June 2024 |
|
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).
|
20 June 2024 |
|
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.
|
20 June 2024 |
|
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.
|
20 June 2024 |
|
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.
|
20 June 2024 |
|
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.
|
19 June 2024 |
|
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.
|
19 June 2024 |
|
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
|
19 June 2024 |
|
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.
|
19 June 2024 |
|
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.
|
19 June 2024 |
|
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.
|
19 June 2024 |
|
The appellant's challenge to negligence finding failed; eyewitness and regulatory evidence supported respondents' claim of electrical-origin fire.
-
Negligence — duty of care of electricity supplier — causation of fire from service cable resting on roof — evaluation of eyewitness versus expert evidence — corroboration by fire brigade and ERB reports — appellate restraint in overturning factual findings.
|
19 June 2024 |
|
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.
|
13 June 2024 |
|
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.
|
13 June 2024 |
|
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.
|
13 June 2024 |
|
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.
|
13 June 2024 |
|
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.
|
13 June 2024 |
|
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).
|
13 June 2024 |
|
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.
|
13 June 2024 |
|
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.
|
13 June 2024 |