Results.
10 judgments found.
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| May 2025 |
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An injunction pending appeal must be grounded on reasonable prospects of success; lacking that, it will be discharged.
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Court of Appeal jurisdiction to grant injunctions pending appeal; injunction-pending-appeal test: reasonable prospects of success; procedural rules on renewed/full-court motions; distinction from interlocutory injunctions at trial.
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30 May 2025 |
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The Court upheld a stay and referral to arbitration, finding valid service and that the arbitration clause applied to former employees' benefit disputes.
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Arbitration — stay of court proceedings — service by pigeon-hole — validity of notice; Arbitration clause scope — severability and survival post-termination; Contract interpretation — ejusdem generis vs ordinary meaning in commercial arbitration clauses; Constitutional issues — mere reference does not oust arbitral jurisdiction.
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30 May 2025 |
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Counsel's mistaken legal advice does not excuse disobedience of court orders; fines with alternative imprisonment imposed for contempt.
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Contempt of court — disobedience of court order — counsel's mistaken advice not a defense — mitigation considered (rectification, brevity, age, medical condition) — fine imposed with alternative short imprisonment — imperative of unreserved compliance with court orders.
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29 May 2025 |
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A renewal to the full Court under section 9(b) must rehear the same application with the same materials; fresh evidence is inadmissible.
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Court of Appeal procedure — Renewal under section 9(b) and Order X r.2(8) — Renewed application must rehear same grounds and use same materials as before single judge — Fresh evidence/exhibits not before single judge inadmissible — Motion incompetent and dismissed with costs.
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28 May 2025 |
Martin Siame and 3 Ors v the People (Appeal No. 53, 54, 55, 56/ 2021; Appeal No. 53, 54, 55, 56/ 2021; Appeal No. 53, 54, 55, 56/ 2021; Appeal No. 53, 54, 55, 56/ 2021) [2025] ZMCA 98 (23 May 2025)
Whether identification and uncautioned admissions supported convictions and whether multiple robbery sentences should run consecutively.
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Criminal law — aggravated robbery — identification evidence — uncautioned admissions — admissibility and reliance — circumstantial evidence (recovery of stolen property) — sentencing principles — first offender credit — consecutive sentences for distinct offences.
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23 May 2025 |
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Writ and statement of claim set aside for being issued without leave to serve abroad and for defective service on advocates.
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Civil procedure — Service of process — Mandatory leave for service out of jurisdiction (Order X r16); personal service and advocates' written undertaking (Order X rr5–6); company service (Companies Act s34(1)); breach of mandatory rule fatal; irregular writ set aside
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19 May 2025 |
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Unchallenged witness testimony and emails established contractual breach; corporate veil not pierced; applicant awarded costs.
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Contract — Agent Authorization Agreement — breach of contractual obligations to provide marketing and technical assistance — standard of proof in civil cases — unchallenged oral evidence and emails sufficient on balance of probabilities; Evidence — Browne v Dunn — failure to cross-examine a witness undermines ability to discredit evidence; Company law — corporate veil — mother-subsidiary relationship does not automatically justify piercing the veil; Costs — successful party entitled to costs absent good reason
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19 May 2025 |
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Leave to appeal refused: Article 118(2)(e) does not excuse non‑compliance with mandatory procedural filing rules.
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Constitutional law — Article 118(2)(e) (justice without undue regard to procedural technicalities) — Court procedure — mandatory compliance with filing rules — leave to appeal — section 13(3) Court of Appeal Act — procedural non‑compliance not excused by constitutionally stated principle.
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14 May 2025 |
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A sale of an exploration licence with express contractual discretion cannot be converted into a joint venture or be limited by an implied reasonable-time term.
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Contract law — characterization of transaction: sale v joint venture; implied terms — necessity, business efficacy and obviousness tests; contractual discretion — scope, good faith and limits; Net Smelter Return royalty entitlement contingent on commencement of mining; time of the essence — when express discretion exists; burden and particulars required to establish fraud in licence alteration.
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9 May 2025 |
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Joinder of an amicus curiae after judgment is improper without a pending appeal; amicus participation is governed by common law rather than party-joinder rules.
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Civil procedure — joinder of parties — amicus curiae — functus officio — joinder after judgment requires pending appeal or review — amici are not parties and should not be joined under party-joinder rules.
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9 May 2025 |