Results.
30 judgments found.
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| December 2025 |
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Court upheld dismissal: tribunal had jurisdiction and sufficient factual basis; procedural lapses were not prejudicial.
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Employment law — disciplinary proceedings — judicial review limited to jurisdiction, adherence to procedure and existence of substratum of facts — accumulation of misconduct — procedural irregularities not necessarily vitiating dismissal — bias/perceived interest on panel assessed for prejudice.
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31 December 2025 |
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Time to file a notice of appeal runs from judgment delivery/sealing, not from service; extension under Order 13 CAR required if late.
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Civil procedure — Appeal time limits — Order 10 Rule 3(5) CAR — thirty-day period runs from date of judgment (delivery/sealing), not from service — out-of-time appeals require extension under Order 13 CAR.
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31 December 2025 |
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Whether a judge must recuse when a confidential JCC complaint exists and the applicant refuses to disclose its substance.
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Judicial recusal — complaint to Judicial Complaints Commission — confidentiality vs requirement to disclose particulars — reasonable apprehension of bias — administrative recusal after consultation with Judge President.
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31 December 2025 |
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Specific performance for land requires a written contract; Certificates of Title are conclusive absent pleaded fraud.
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Property law — Specific performance — Statute of Frauds requirement for written contract or memorandum for sale of land; Certificate of Title conclusive absent pleaded fraud; fresh evidence on appeal inadmissible without leave.
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24 December 2025 |
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Specific performance of land sale requires a written contract; title deeds are conclusive unless fraud is pleaded and proved.
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Property law — Specific performance; Statute of Frauds (requirement of writing for land sales); Lands and Deeds Registry Act — Certificate of Title conclusive absent pleaded and proved fraud; inadmissibility of fresh evidence on appeal; remedy not available against non-contracting parties.
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24 December 2025 |
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Appellate court corrected a mathematical error, found an equitable mortgage, ordered title returned and K1,000 outstanding plus interest.
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Loan secured by property; equitable mortgage vs forward purchase; appellate correction of clerical/mathematical error; entitlement to return of title deeds; interest on outstanding balance.
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24 December 2025 |
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A lengthy ground challenging insufficiency of evidence was held to substantially comply with Court of Appeal Rule requirements.
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Civil procedure — Court of Appeal Rules Order X Rule 9(2) — memorandum of appeal must concisely state grounds without narrative — practical test: discernible complaint and absence of prejudice — grounds challenging insufficiency of evidence and proof of ownership.
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22 December 2025 |
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Applicant failed to show sufficient, evidenced cause (bereavement unsupported) to justify extension of time to appeal; application dismissed.
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Civil procedure — extension of time — Order XIII Rule 3(1) — sufficient cause required; Bereavement as excuse — need for corroborative evidence (medical records/death certificate); Finality of litigation — prejudice from reopening enforcement of long-standing judgment; Constitutional principle (Article 118(2)(e)) — justice without undue regard to technicalities does not permit flouting procedural rules.
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11 December 2025 |
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Court granted stay of execution pending appeal to preserve status quo and prevent irreparable harm to pension provider.
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Stay of execution — Court of Appeal Rules Order 10 r 5 — appeal not stay automatically — discretionary relief — preview of prospects of success — balance of convenience — irreparable harm — preservation of status quo — monetary judgment against pension provider.
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11 December 2025 |
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Stay of execution refused where appellant failed to show strong prospects of success or special circumstances in a land-title dispute.
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Civil procedure — Stay of execution pending appeal; Appeal standards on factual findings; Land allocation — Circular No.1 of 1985 compliance; Certificate of title — conclusive absent fraud; Prospects of success and irreparable harm test.
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9 December 2025 |
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Leave to appeal refused: mesne profits award unsupported where tenant not a trespasser; no public importance or prospects.
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Civil procedure — leave to appeal to the Supreme Court (Court of Appeal Act s.13(3)) — mesne profits — landlord-tenant obligations — requirement of wrongful deprivation of possession — public importance threshold for leave to appeal.
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5 December 2025 |
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Use of the Rules of the Supreme Court in the Industrial Relations Court was incompetent; appeal dismissed and matter remitted for merits.
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Industrial Relations Court — applicability of Rules of the Supreme Court — conditional offer of employment — rescission for failed pre-employment checks — competence of preliminary point of law under Order 14A RSC — remit to determine merits.
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5 December 2025 |
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Court refused to dismiss appeal for want of service where appellant had a pending application for leave to extend time.
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Court of Appeal Rules — Order 10 Rule 3(9): mandatory service of notice and memorandum of appeal; Order 13 Rule 3(3): discretion to extend time after prescribed period; dismissal for want of service; jurisdiction to grant leave to apply for extension; distinction where service was effected out of time without leave; dismissal as sparing remedy; requirement of mala fides/inordinate delay for dismissal.
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5 December 2025 |
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Court may grant unpleaded unfair dismissal remedy; respondent wrongfully dismissed; damages reduced to eight months.
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Industrial Relations Court — section 85(5) — substantial justice may permit granting of unpleaded remedies; wrongful dismissal — breach of disciplinary procedure and natural justice; sick leave — accrual of annual leave and entitlement to payment; costs under Rule 44 — awarded only for unreasonable, vexatious or improper conduct; measure of damages — ordinarily notice period, excessive awards reduced.
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5 December 2025 |
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High Court leave to appeal can constitute exceptional circumstances justifying bail pending appeal and postponement of fine.
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Criminal law — Bail pending appeal — Exceptional circumstances — Prospects of success and likelihood of serving substantial portion of sentence — Leave to appeal as indicator — Postponement of fine pending appeal.
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5 December 2025 |
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Proceedings on the merits were adjourned because a pending appeal on the Court's jurisdiction must be finally determined first.
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Jurisdiction challenge — Effect of pending leave to appeal — Suspension of further substantive proceedings; Interlocutory rulings — binding until stayed but subject to apex court review; Contempt proceedings — distinct and may proceed; Judicial economy — cannot justify orders if jurisdiction doubtful.
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4 December 2025 |
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Failure to comply with mandatory Order X time limits and to obtain leave to serve or file out of time renders an appeal incompetent.
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Appeal procedure — Order X Court of Appeal Rules — mandatory time limits for service of notice/memorandum and record/heads — failure to obtain leave to serve/file out of time renders appeal incompetent.
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4 December 2025 |
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Re‑charging an employee on the same facts after successful appeal is an abuse of process; dismissal was unfair and damages awarded.
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Employment law — disciplinary procedure — re‑charging employee on same facts after successful appeal — abuse of process and breach of natural justice; constructive dismissal — resignation with future effective date; unfair dismissal — enhanced damages (24 months' salary) awarded.
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4 December 2025 |
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Actual commercial use and parties' conduct can override certificate-based classification excluding statutory protection.
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Landlord and Tenant (Business Premises) Act — classification of premises — effect of actual use and parties' conduct versus certificate of title — prima facie nature of title — requirement for accurate land identification — judicial estoppel against inconsistent positions.
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4 December 2025 |
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The Court of Appeal refused to set aside its full-bench ruling, holding it lacks power to re-open such decisions absent exceptional circumstances.
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Inherent jurisdiction; functus officio; re-opening full-bench rulings; slip/correction rule limited to clerical mistakes; finality of litigation; stay of execution.
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4 December 2025 |
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Affidavits in reply must not introduce new issues; offending paragraphs were expunged to prevent prejudice to the respondent.
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Civil procedure — Affidavits in interlocutory proceedings — Affidavit in reply must be confined to matters raised in opposition — Order 41 RSC and Court of Appeal Rules — Expungement of scandalous, irrelevant or oppressive material — Inherent jurisdiction to strike out — Joinder application context.
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3 December 2025 |
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Dismissal for absenteeism was procedurally unfair; reinstatement with arrears and continuity of service was ordered.
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Employment law — unfair dismissal — trade union protection (s.5(1)(g) I&L Act) requires causal link to union activity — secondment and disciplinary jurisdiction — procedural fairness (right to have appeal considered) — reinstatement discretionary but warranted in exceptional public‑sector circumstances — continuity of service and arrears with interest.
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3 December 2025 |
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Applications arising from a full court judgment must be brought to the full court; single judges may adjourn under Order X r.6.
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Civil procedure — jurisdiction of single judge v full court — applications arising from full court judgments — Order X r.6 — adjournment to full court.
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3 December 2025 |
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Appeal dismissed for defective grounds; cross‑appeal allowed and extension to redeem the mortgage set aside.
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Civil procedure
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— Record of appeal — Inclusion of leave to appeal and extension orders — Omission not fatal where orders exist elsewhere on the record
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— Grounds of appeal — Requirement for concise, non‑argumentative grounds — Narrative/argumentative grounds expunged
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Property law — Mortgage and equity of redemption — Foreclosure absolute and court's discretion to reopen — Extension set aside where no material basis for exercising discretion
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2 December 2025 |
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Failure to file copies of the proceedings and affidavits before the single-judge decision made the renewed motion incompetent and dismissed with costs.
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Civil procedure — Court of Appeal — Order X r.2(8) — renewed application from single-judge decision — mandatory requirement to file copies of proceedings and affidavits placed before single judge — no fresh material permitted — improper framing as appeal renders motion incompetent.
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2 December 2025 |
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A stay pending appeal was granted because the appellant showed arguable prospects of success and irreparable harm to land interests.
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Civil procedure — Stay of execution pending appeal — Necessity to demonstrate prospects of success and irreparable harm — Land disputes and risk of appeal becoming nugatory — Court’s discretion to preview prospects of success.
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1 December 2025 |
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Court upheld leave to file the respondent's employment complaint out of time and validated the Power of Attorney.
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Employment law — limitation of actions under s.85(3) Industrial and Labour Relations Act — court’s discretion to extend time; jurisdiction once leave granted; res judicata requires a final judgment on the merits; Authentication of Documents Act — applies only to instruments executed outside Zambia; admissibility of Power of Attorney executed in Zambia.
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1 December 2025 |
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Court granted stay pending appeal, finding arguable appeal grounds and no real prejudice despite insufficient proof of irreparable harm.
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Civil procedure — Stay of execution — Order 10 Rule 5 — Test: reasonable prospects of success and irreparable harm — Solvency of judgment creditor relevant — Preservation of status quo — Service irregularity immaterial absent prejudice.
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1 December 2025 |
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A single judge lacks jurisdiction to strike out an entire appeal; such a summons is incompetent and dismissed.
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Court of Appeal — single judge jurisdiction — Order VII Rule 2(1) and Section 9 — competence to determine interlocutory applications — strike out appeal — abuse of process — company board authority — decisions without jurisdiction void ab initio.
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1 December 2025 |
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Appeal dismissed for want of prosecution due to inordinate, inexcusable delay in lodging the record and heads of argument.
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Civil procedure — Appeals — Dismissal for want of prosecution — Order 10 Rules 6(a) and 7 Court of Appeal Rules — Inordinate and inexcusable delay — Requirement of prejudice or risk to fair trial — Strict adherence to procedural time limits.
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1 December 2025 |