Results.
205 judgments found.
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| July 2025 |
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Appellant's unauthenticated foreign repair invoice and failure to allow inspection/produce quotes invalidated repair claim; nominal damages awarded.
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Tort — negligent driving — consent judgment; Insurance — third‑party motor cover — insurer's liability limited to policy limit; Evidence — foreign documents require authentication under the Authentication of Documents Act; Procedure — failure to provide repair quotations and to permit inspection may prejudice insurer and third‑party defendants; Damages — nominal damages where loss not proved.
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17 July 2025 |
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A two-day procedural delay by the applicant warranted an extension of time; prospects of success not required.
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Civil procedure — Extension of time — Order 13 Rule 3(1)(c) — Short/technical delay — Two-day delay excused — Prospects of success requirement not applicable to extension of time — Judicial discretion — Article 118(2)(e) Constitution (avoid undue regard to procedural technicalities).
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11 July 2025 |
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Redundancy pay does not cover periods already remunerated as gratuity under expired fixed-term contracts; recalculation would cause unjust enrichment.
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Employment law — redundancy benefits — clause interpretation — fixed-term contracts vs permanent service — gratuity v redundancy — unjust enrichment — discrimination (s.108 ILRA) — Employment Act s.26B(4) and s.36(1)(a) — Attorney General v Chibaya.
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9 July 2025 |
| June 2025 |
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An unauthenticated foreign share sale agreement is invalid in Zambia and cannot be compelled produced against non-parties.
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Authentication of Documents Act — foreign share sale agreement — unauthenticated foreign document invalid for use in Zambia; privity of contract — parties not bound — subpoena duces tecum; estoppel cannot validate unauthenticated statutory defect; corporate personality — piercing the veil requires strong evidence.
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30 June 2025 |
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Variation was valid despite earlier system entries; interest cap under s110(1)(b) was not breached and appeal dismissed.
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Banking law — variation of loan facilities — requirements of offer, acceptance and consideration — effect of borrower’s subsequent acceptance — Banking and Financial Services Act s110(1)(b) — definition and timing of non-performing loan and interest capping.
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27 June 2025 |
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A principal who takes over an agent’s contract and admits payments is liable despite privity of contract.
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Contract law — Road carriage agreement — Existence of single contract — Whether third party took over contract obligations
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Agency — Principal and agent — Agent acting for principal — Principal’s liability where it takes over agent’s contractual obligations
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Civil procedure — Judgment on admission — Effect of admission and part‑payments as evidence of assumption of obligation
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27 June 2025 |
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Appellants failed to show trial court misapplied evidence; special resolutions were void and PACRA register reversal upheld.
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Companies law — membership and quorum — validity of special resolutions — company register at PACRA as prima facie evidence of title — challenges to findings of fact — standard for appellate interference (perverse/misapprehension) — forgery allegations and handwriting evidence — arbitration clause in articles not invoked via statutory procedure.
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26 June 2025 |
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A stay pending leave to appeal requires clear prospects of success and irreparable harm; ex parte stay discharged.
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Stay of execution pending appeal — discretionary remedy — prospect of success and irreparable harm required — appeal does not automatically stay execution — ex parte stay discharged.
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24 June 2025 |
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Appellant failed to prove copyright infringement; Court of Appeal set aside damages and upheld the cross-appeal.
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Copyright law — copyright ownership and commissioned works — burden of proof in infringement actions; evidentiary sufficiency and expunged documents; s.26 delivery-up remedies; s.25(4) reasonable belief defence; damages for infringement, conversion and passing off.
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20 June 2025 |
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Appellant’s dispatch documents shifted the evidential burden; respondent failed to prove non-receipt and no contractual duty to transport existed.
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Contract law — sale of goods — terms implied by practice: release on production of documents; Burden of proof — evidential burden may shift where defendant adduces positive evidence; Evidence — delivery notes, invoices and weighbridge slips can prove dispatch; Civil procedure — appeal irregularity dismissed where application made out of time.
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20 June 2025 |
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A court lacking jurisdiction on the merits may nonetheless award costs; such discretion must be exercised judicially.
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Jurisdiction — lack of jurisdiction as to merits does not preclude court from awarding costs; costs lie in judicial discretion; customary land disputes and Local Courts' original jurisdiction.
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18 June 2025 |
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Recognition evidence by familiar witnesses and cogent circumstantial facts upheld murder convictions despite no identification parade.
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Criminal law — Identification/recognition evidence — reliability in poor lighting; absence of identification parade not fatal where witnesses know accused — Circumstantial evidence — cogency and exclusion of reasonable hypothesis — Alibi as afterthought.
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17 June 2025 |
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Appeal dismissed: trial judgment sufficient despite missing pages; witnesses and medical evidence credible; 18‑month custodial sentence upheld.
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Criminal law — assault occasioning actual bodily harm — credibility of prosecution witnesses — admissibility and sufficiency of medical report where author testifies — missing trial record — appellate review — sentence appropriateness and aggravating factor of acting with impunity in police premises.
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17 June 2025 |
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The respondents’ procurement directive and suppliers' conduct constituted an anti-competitive agreement in breach of Section 8; fines upheld.
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Competition law — Restrictive business practices — Section 8 (prohibition of agreements, decisions or concerted practices with object or effect of preventing, restricting or distorting competition) — inference of concurrence of wills from circumstantial evidence — vertical arrangement vs horizontal agreement — Section 16 (abuse of dominance) — penalties under Section 58 — appealability of costs rulings.
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17 June 2025 |
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Court dismissed leave to appeal and stay applications due to res judicata and procedural irregularity in bypassing the High Court.
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Civil procedure — leave to appeal — stay of proceedings — requirement to first apply to the High Court (Order 13 Rule 12 CAR) — res judicata — arbitration clause — notice of discontinuance — derivative action — Arbitration Act.
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17 June 2025 |
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Appellate court confined dispute to pleadings, ordered replacement of four admitted beacons and rejected unproven claims and damages.
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Civil procedure — function of pleadings; burden of proof — party who alleges must prove; land boundaries — replacement of beacons where removal admitted; Surveyor General's role in restoring beacons; caveat — damages must be pleaded and proved; costs — discretionary, appeal costs limited to out-of-pocket expenses.
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11 June 2025 |
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Applicant’s out-of-time restoration under wrong Rule was incompetent; application dismissed with costs.
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Civil procedure — Restoration of matters struck off active cause list — Order 10/19(2) CAR applicable to appeals at hearing, not interlocutory applications; failure to comply with 'unless' order and absence of leave to extend time renders restoration application incompetent.
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11 June 2025 |
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Vendor's advocates holding purchase monies as stakeholders may be liable to refund when a conveyancing transaction fails.
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Conveyancing — vendor's advocate as stakeholder — LAZ General Conditions of Sale — stakeholder owes fiduciary duties to both parties — cause of action against advocate for failure to refund deposit — misjoinder and costs.
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11 June 2025 |
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A materially different renewed application for leave to appeal is irregular and the Court of Appeal lacks jurisdiction to entertain it.
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Civil Procedure
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Appellate Jurisdiction — Court of Appeal cannot exercise original jurisdiction to entertain leave applications at first instance — Court of Appeal Rules Order X Rule 4(5)
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Leave to Appeal — Renewed application must be same in form and substance as High Court application — Material departure renders renewed application irregular
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10 June 2025 |
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Court dismissed appeal, holding no strict 90‑day limit for leave under section 85(3) and that respondent’s reasons were cogent.
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Industrial and labour law — extension of time under section 85(3) ILRA — no prescribed time limit for leave applications — sufficiency of reasons for delay; Civil procedure — ex parte applications and natural justice — procedural irregularity that would not affect outcome; Appeal to Judge in chambers — rehearing and burden of proof; Amicable settlement attempts and financial constraints as cogent reasons for extension of time.
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9 June 2025 |
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A section 10 arbitration application may be brought at any stage; a broadly drafted pension fund arbitration clause survives post-employment and mandates referral to arbitration.
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Arbitration Act s.10 — stay and refer to arbitration; pension trust deed arbitration clause; survivability of arbitration clauses post-employment; High Court (Amendment) Rules 2020 — appearance and defence not prerequisite to s.10 application; ejusdem generis and clause construction; arbitrability of constitutional/statutory claims; preliminary objection practice.
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6 June 2025 |
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An application for special leave to review ought to be heard by the original judge; costs are inappropriate where proceedings are merely stayed under section 10.
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Arbitration Act s10 — stay and referral to arbitration; High Court Rules Order 39 — special leave to review; jurisdiction — review before the judge who made impugned ruling; costs — award inappropriate where proceedings are stayed under section 10.
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6 June 2025 |
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Zambian courts had jurisdiction over domestic guarantee agreements; respondent had locus standi; arbitration clause in main subcontract inapplicable.
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Arbitration clause — foreign jurisdiction not an automatic ouster; forum conveniens considerations; Separate guarantee agreements — independent from main subcontract; Locus standi — beneficiary party under guarantees entitled to sue; Specific performance of guarantees; Costs awarded to successful party.
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6 June 2025 |
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Writ under consent judgment upheld; distress was lawful but any excess value must be assessed and refunded with interest.
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Enforcement of consent judgment — Writ of possession issued under consent order — Requirement for leave/notice (Order 45 RSC/Order 88 RSC) — Joinder of occupier — Warrant of distress for unpaid rent — Excessive distress and assessment of proceeds — Right of first refusal and effect of tenant's default — Damages for wrongful execution.
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6 June 2025 |
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5 June 2025 |
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Oral orders take effect on delivery; absent fresh evidence, review refused and tribunal had jurisdiction to hear the late-filed complaint.
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Civil procedure — Review (Order 39 R.1) — fresh material evidence threshold; Effect of oral pronouncement — judgment/order takes effect on delivery; Industrial and Labour Relations Act s.85(3) — leave to file out of time; Vacation filings — leave authorises filing during vacation; Jurisdiction — defects in originating process and timing of leave
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5 June 2025 |
| 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 |
| April 2025 |
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Court refused to dismiss appeal where transcript-related delay was outside appellants' control and they acted diligently.
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Civil procedure — dismissal for want of prosecution (Order X, Rule 7) — discretion to dismiss — delay due to procurement of transcript — inordinate and inexcusable delay — requirement of prejudice or contumelious conduct.
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29 April 2025 |
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Court confirmed interim injunction to preserve status quo in land-title dispute and refused admission of fresh evidence.
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Civil procedure — Interim injunction pending appeal; preservation of status quo; admission of further evidence on appeal (Order 59 RSC; Ladd v Marshall); American Cyanamid principles; competing certificates of title in land dispute.
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25 April 2025 |
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Encroachment claim by a registered proprietor was not time-barred, but the registered caveat exceeded the appellant's proprietary interest.
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Land law — Encroachment by usage — Accrual of cause of action on subdivision — Statute of Limitations and registered title — Caveat scope and proprietary interest — Survey diagrams and title evidence.
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25 April 2025 |
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Alleged out‑of‑court settlement did not bind parties or nullify taxation of costs; application dismissed as vexatious.
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Settlement agreements — whether correspondence and acknowledgement constitute acceptance; Taxation of costs — whether nullified by alleged out‑of‑court settlement; Civil procedure — applicability of Order 14A RSC, Order 8 CAR and Order 33 RSC; Abuse of process — vexatious litigation; Functus officio doctrine.
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24 April 2025 |
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Application for leave to appeal dismissed: applicants failed to show public importance, prospects of success, or compelling reasons.
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Court of Appeal — leave to appeal to Supreme Court — Section 13(3) Court of Appeal Act — criteria: point of law of public importance, reasonable prospects of success, compelling reasons; Arbitration — Arbitration Act s.17(2)(b) — subject‑matter not arbitrable; Public policy — setting aside arbitral awards; Employment law — arbitrability of unfair discrimination claims under the Employment Code; Limits on arbitral tribunals — reliance on third‑party employment contracts and powers reserved to the court.
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16 April 2025 |
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An employer may not invoke a notice clause to evade disciplinary proceedings; courts can look behind termination to protect the respondent.
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'Employment law — termination — interplay between contractual notice clause and ongoing disciplinary proceedings; wrongful dismissal where employer abandons disciplinary process.'
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15 April 2025 |
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Court distinguishes wrongful and unfair dismissal, upholds finding of employer system failure, sets aside pension award, and declares dismissal unfair.
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Employment law — wrongful v unfair dismissal — distinction between procedural (wrongful) and substantive (unfair) inquiries; Evidence — probative value of admissions elicited in cross-examination; Employer liability — proximate cause of loss attributable to IT system failure, not employees; Damages — exceptional circumstances may justify awards beyond notice period; Pension entitlement — requires evidentiary proof.
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15 April 2025 |
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Court of Appeal lacked jurisdiction to grant stay absent prior application to the lower court; ex-parte stay discharged.
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Civil procedure — Jurisdiction of Court of Appeal to hear urgent/interlocutory applications — Requirement to first apply to lower court under Order 59 r.14 RSC — Ex-parte stay of execution — Discharge for want of jurisdiction — Enforcement of lower court judgments.
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11 April 2025 |
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Incorporation of a company precludes a partnership in the same name; suit against that non-existent firm dismissed.
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Partnership law — Formation by conduct — Whether an unsigned partnership agreement adopted by conduct can create a firm
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Company law — Effect of incorporation — Whether incorporation of a company precludes existence of a partnership under the same name
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Civil procedure — Capacity to sue — Whether an unincorporated firm (non‑legal entity) can be sued in its own name
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10 April 2025 |
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Leave to appeal refused: performance alone does not create legitimate expectation to renew a fixed‑term contract.
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Civil procedure — Leave to appeal to Supreme Court under s.13 CAA — requirement of point of law of public importance and real prospects of success; Employment law — legitimate expectation of renewal of fixed-term contract — assurance or employer conduct required; performance alone insufficient.
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10 April 2025 |
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Application to set aside taxation adjournment dismissed as filed out of time without leave, depriving Court of jurisdiction.
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Civil procedure — Preliminary objection — Jurisdiction to hear applications filed out of time; Reasonable time where rules silent — 14 days; Extension of time — Order 13 rule 3(2) — leave required after expiry; Procedural form requirements may be jurisdictional but were not decided.
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4 April 2025 |
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Applicants failed to show realistic prospects of success; leave to appeal the derivative-action ruling was denied with costs.
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Companies law — Derivative actions — Leave to commence/appeal — Companies Act s331(3) — Prospects of success at interlocutory stage — Review of interlocutory rulings — Procedural fairness (consideration of opposing documents) — Multiplicity of actions and costs.
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1 April 2025 |
| March 2025 |
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Court upheld entitlement to unpaid allowances despite board non-determination; appellate court refused to disturb factual findings.
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Employment law — allowances — interpretation of 'shall' and 'as determined by the Board' — accrued contractual benefits — facilitative imprest versus remunerative allowance — alleged transcription error in conditions of service — contra proferentum — appellate interference with factual findings — s.85A(d) ILRA discretionary awards.
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31 March 2025 |
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A purposive reading of Order 10 Rule 9(2) permits combined law-and-fact grounds if clearly stated; preliminary objection dismissed.
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Civil procedure — Appeals — Order 10 Rule 9(2) CAR — Grounds of appeal must be concise and specify points of law or fact — Purposive interpretation permits combined law-and-fact grounds where clear — Preliminary objection dismissed where grounds disclose issues and contain no argument or narrative; ex parte leave not set aside confers jurisdiction.
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27 March 2025 |