Results.
2,111 judgments found.
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| April 2026 |
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Applicant's request for extension to file notice of appeal dismissed for undue delay and insufficient reasons.
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Court of Appeal — Order XIII r.3(1) — extension of time to file notice of appeal; leave to appeal out of time; discretion to extend time; inordinate delay; finality of litigation; ignorance of law not an excuse; prior representation by counsel; nugatory appeal/waste of resources
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16 April 2026 |
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Application for leave to appeal dismissed as filed out of time without prior leave to extend the 14‑day limit.
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Court of Appeal procedure — leave to appeal — time limits (Order 10 Rule 2(1)) — filing out of time — vacation not a ground for automatic extension — competence of application where leave to file out of time not obtained; stay of proceedings and reference to arbitration
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15 April 2026 |
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An ex parte interim injunction restoring frozen funds was refused as abusive and effectively determining the appeal.
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Interim injunction — ex parte application — American Cyanamid principles (serious question to be tried; adequacy of damages; balance of convenience).; Injunction cannot be used to alter or reverse lower court judgment pending appeal.; Stay of execution pending appeal may render additional interlocutory relief inappropriate.; Abuse of process — self‑representation not a licence for frivolous applications
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15 April 2026 |
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Court of Appeal dismissed an application as incompetent, reaffirming its strictly appellate jurisdiction and noting a misapplied notice of withdrawal.
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Court of Appeal jurisdiction — appellate, not original — interlocutory applications; Competence of Notice of Motion filed directly in Court of Appeal; Effect of Notice of Withdrawal on appeal record; Representative capacity — spokesperson v advocate; Requirement of assessment of sums before execution
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15 April 2026 |
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Motion for leave to appeal dismissed as incompetent for being out of time without extension and lacking the assailed ruling.
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Civil procedure — Leave to appeal — Time limits under section 13(2) Court of Appeal Act — 14-day limit — Necessity of extension order — Record of motion must include assailed ruling — Incompetent motion — Costs discretion where time-bar raised in opposing affidavit
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14 April 2026 |
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Court confirmed stay of provisional liquidator appointment, finding jurisdiction due to special circumstances and procedural irregularities.
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Corporate insolvency — Provisional liquidator — Ex parte appointment without return date — Breach of Companies (Winding‑Up) Rules (Rule 8(3)) — Jurisdiction of Court of Appeal to grant first‑instance relief under Order 59 RSC on special circumstances — Stay of execution — Abuse of process and multiplicity of actions
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1 April 2026 |
| March 2026 |
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Leave to appeal refused; limitation runs from wrongful interference/discovery, contractual cap upheld, stay denied.
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Civil procedure — leave to appeal — Limitation Act (Cap.72) — accrual of cause of action for theft/conversion — discovery rule vs criminal conviction — enforceability of contractual limitation clauses for employee theft — stay of execution
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31 March 2026 |
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Appellate court affirms Registrar's weighing of expert evidence but awards nominal sums for redundancy and inducement where quantum was unproven.
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Civil procedure — assessment of damages after appellate findings of liability; Expert evidence — weight, admissibility and advisory role; Damages — remoteness, foreseeability, mitigation, and when nominal awards appropriate; Tort — inducing breach of contract; Inventory treatment in loss-of-profits calculations
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31 March 2026 |
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Whether challenges to a public body's suspension must be by judicial review or may proceed by writ when broader claims require full trial.
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Civil procedure — Mode of commencement: writ of summons versus judicial review; leave requirement for judicial review; pleadings' scope (contracts, damages, historical conduct) determines appropriate procedure under Order 6 Rule 1; courts may assess pleadings' content without adjudicating non-party interests
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31 March 2026 |
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The court upheld the respondent's chieftainship, favoring documentary recognition and community acquiescence over competing oral claims.
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Chieftainship succession; customary law; Kojo v Bonsie evidential test; documentary contemporaneous records v oral tradition; matrilineal succession; administrative recognition; adequacy of judicial reasoning
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31 March 2026 |
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Whether the respondent's capacity to sue after revocation of the statutory order must be decided before trial.
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26 March 2026 |
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Post-award tort claims for trespass and conversion were not barred by a prior arbitration award and are remitted to trial.
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Res judicata — whether prior arbitral award bars later tort claims; abuse of court process; arbitration clause scope and separability; post-award tortious claims for trespass and conversion; duty to raise claims with reasonable diligence
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26 March 2026 |
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Failure to cite enabling law was not fatal; access and maintenance orders upheld as in the child’s best interests.
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Procedure—Practice Direction/non-compliance—jurisdiction; Family law—Children’s Code Act—best interests; Access—meaningful contact vs. restricted hours; Maintenance—assessment of means, quantum and effective date; Arrears—requirement for clear pleadings and documentary proof; Appellate review—interference only for perversity/misdirection or material misapplication of discretion
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26 March 2026 |
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Appeal against a twenty‑year murder sentence dismissed; child evidence expunged and sentence altered to imprisonment with hard labour.
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Criminal law — murder — provocation as failed defence amounting to extenuating circumstances — children's evidence and proper voir dire under Children’s Code — competence of DPP appeal on sentencing principles — sentence alteration to hard labour.
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26 March 2026 |
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Whether similarly circumstanced employees can be joined to execute an old Industrial Relations judgment despite limitation periods.
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Industrial Relations Act s85(6) — joinder of similarly circumstanced employees; Limitation Act 1939 ss2(1) and 2(4) — time limits for actions and execution of judgments; consent order and revival of limitation; finality of litigation
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26 March 2026 |
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Court of Appeal found a subsisting crop‑finance contract, upheld Respondent's admitted indebtedness, and remitted assessment to the Registrar.
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Contract formation — totality of evidence; admissibility of non-original/scanned documents once foundation laid; confirmation of debt as admissible admission; signature discrepancies not necessarily fatal; assessment of outstanding contractual indebtedness by Registrar; interest at 1% above SOFR
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25 March 2026 |
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Appellant's failure to comply with Industrial Relations Division procedure and to show sufficient cause warranted dismissal of appeal.
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Industrial Relations Division procedure — setting aside judgment obtained in absence — sufficiency of cause — applicability of High Court/English Rules — affidavit of service — legal effect of ex parte endorsement.
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25 March 2026 |
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An issue not raised below cannot be raised on appeal; Industrial Relations Court may overlook technical defaults under section 85(5).
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Industrial relations jurisdiction — Procedural defaults — Whether issues not raised below may be raised on appeal — Filing of answer and leave to file out of time — Section 85(5) Industrial Relations Rules (flexible equitable jurisdiction) — Evidence of service as commencement of limitation.
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25 March 2026 |
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Where dismissal follows an unless order not proved served, a court may review and restore the matter to do substantial justice.
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Civil procedure — unless orders and dismissal for non-compliance — effect of non-service of notice — court’s power to review its own final order to do substantial justice — ex parte review and natural justice — procedural technicalities not fatal
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25 March 2026 |
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Conviction unsafe where mental incapacity not proved; medical evidence required in borderline cases.
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Criminal law — Defilement of an imbecile — Proof of mental illness/imbecility — Requirement of medical evidence in borderline cases — Admissibility of lay/ocular evidence to prove incapacity — Knowledge element under Section 139 Penal Code
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25 March 2026 |
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Preliminary issues involving disputed facts under Order 33/3 are not suitable for summary determination under Order 14A; appeal dismissed.
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Civil procedure — Order 14A RSC — summary determination of questions of law; Order 33/3 RSC — preliminary issues of fact or law to be tried; distinction between summary disposal and trial/inquiry; statutory qualification and illegality under the Zambia Institute of Architects Act; jurisdiction to hear claims tainted by alleged illegality.
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25 March 2026 |
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An equitable mortgage may be recognised from parties' clear intention despite non‑registration, permitting foreclosure and conveyance.
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Equitable mortgage — created by deposit of title deeds or by parties' agreement/intention — effect of non‑registration — foreclosure and conveyance — equity regards as done that which ought to be done.
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25 March 2026 |
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A surviving spouse beneficiary has locus standi to sue over intestate property; court ordered the estate administrator be joined.
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Intestate succession; surviving spouse’s interest in matrimonial property; locus standi of beneficiaries; reasonable cause of action; constructive trust defence; joinder of estate administrator; costs follow the event.
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25 March 2026 |
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Whether party suspensions lapse after twelve months and whether the acting secretary-general had locus standi to sue.
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Party law — disciplinary procedure — suspension limited to 12 months — effluxion of time; representative actions — locus standi and common interest; Order 14A/Order 33 summary disposal; costs follow the event.
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25 March 2026 |
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A trust deed made during divorce cannot defeat adjustment; matrimonial property may be sold and proceeds divided between spouses.
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Family law — property adjustment between spouses — trust deed executed during or after divorce — timing and intention relevant; contributions in kind and by familial role recognized; encumbrance raised on appeal unsupported by documents.
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25 March 2026 |
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Part payments and acknowledgements reset limitation; credit notes compensated defects so damages were set aside.
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Limitation Act s23(4) — acknowledgement/part payment restarts limitation; Sale of Goods Act s14 — implied fitness for purpose requires known particular purpose and reliance; credit notes as compensation; prevention of double recovery; debt assessment and costs.
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25 March 2026 |
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Contract expired by effluxion of time; no implied extension; damages upheld but payment under guarantee set aside to avoid unjust enrichment.
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Contract law — effluxion of time v implied extension by conduct; specific performance requires subsisting contract; advance payment guarantees — payment on terms and risk of unjust enrichment; appellate procedure — new issues not raised below inadmissible on appeal
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25 March 2026 |
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Appeal dismissed: court held agreed written submissions and clear contract required the appellant to pay VAT; costs awarded.
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Contract interpretation — express terms and inadmissibility of extrinsic evidence; Tax law — VAT payable where contract expressly provides + consumer liability; Civil procedure — parties bound by agreed procedure (written submissions); Pleadings — issues not pleaded may be dismissed as afterthoughts; Costs — discretionary award to successful party
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25 March 2026 |
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Conviction for defilement unsafe where child’s identification lacked corroboration despite medical evidence of sexual activity.
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'Defilement' — Child witness evidence — Corroboration under Section 78(9) Children’s Code Act — Medical evidence corroborates occurrence of sexual activity but not identity — Unsafe conviction where identity not corroborated
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25 March 2026 |
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Sale was not by description and misrepresentation was not established; contract remains valid and respondents must pay the invoice price with interest.
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Sale of goods — whether sale by description — implied condition as to description — Sale of Goods Act s.13 — FOB pricing and per-ton quotations — misrepresentation — rescission — proof of special damages and transport costs — contractual allocation of carriage.
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25 March 2026 |
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Possession order set aside where court-ordered resurvey was not properly conducted or analysed, remitting matter for a compliant resurvey.
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Land law — resurvey versus boundary verification — compliance with court-ordered resurvey — natural justice and right to be heard before dispossession — inadmissibility of execution based on verification relying on defective survey diagrams
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25 March 2026 |
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Whether the High Court may exercise revisionary powers on appeal and the effect of an improperly recorded plea on forfeiture orders.
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Criminal procedure — Revisionary jurisdiction vs appellate jurisdiction — Sections 337 and 338 Criminal Procedure Code — Prohibition on review where convicted person has appealed; Plea procedure — accused represented by counsel; dealing with disputed facts; consequences of improperly taken plea; Conviction‑based forfeiture — requires valid conviction and proper nexus
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25 March 2026 |
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Court reduced the appellant's 22-year manslaughter sentence to 4 years, finding insufficient aggravating factors.
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Criminal law — Manslaughter — sentencing — manifestly excessive sentence — aggravating factors — place of assault — internal head injury (subdural haematoma) — appellate interference under Court of Appeal Act
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25 March 2026 |
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A non‑party cannot be joined to challenge an executed consent judgment absent an appeal or application for review.
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Civil procedure — Joinder after judgment — Consent judgment — Functus officio — Post‑judgment joinder permissible only where there is an appeal or review — Locus standi and sufficient interest required for joinder.
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25 March 2026 |
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A sanctioned scheme binds only statutory creditors with enforceable debts; pending contested claims do not oust appellate jurisdiction.
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Corporate Insolvency Act — Scheme of Arrangement — effect of sanction — binding on creditors as defined by statute; jurisdictional objections may be raised at any time; pending/unascertained claims are not 'creditors' under scheme.
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24 March 2026 |
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The Court of Appeal upheld calculation of terminal benefits under the written contract, ordered NAPSA refund, and dismissed the appeal.
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Employment law — written contract governs terminal benefits; gratuity calculated on agreed exit salary; unremitted pension (NAPSA) contributions refundable; Employment Code applicable where termination occurred after its commencement.
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24 March 2026 |
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Writ of summons was proper for mixed Companies Act claims; case remitted for full determination on the merits.
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Companies Act — mode of commencement — writ of summons v originating summons — multiplicity of actions — jurisdiction — appellate restraint where trial court made no findings of fact — minority shareholder remedies; account of profits; oppressive conduct.
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20 March 2026 |
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Whether a purported contract renewal by a former secondee bound the respondent and if trial findings were plainly wrong.
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Contract law — authority and capacity to bind principal; agency/secondment — limits on authority of former secondee; validity of purported contract renewals; indoor management/Turquand rule — inapplicability where principal notified of non-renewal; appellate review — deference to trial court factual findings (plainly wrong standard).
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20 March 2026 |
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An appeal from a judgment delivered in chambers is incompetent without leave under section 23(1)(e) of the Court of Appeal Act.
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Appeal procedure — requirement of leave to appeal from judgments delivered in chambers — Court of Appeal Act s.23(1)(e); Competency of appeal — failure to obtain leave is incurable; Civil procedure — originating summons under Order 113 RSC for summary possession of land; Effect of cancelled mining licences on possession (decided in lower court but not considered on appeal).
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20 March 2026 |
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Specific performance granted only for available 2-acre title; assignments lodged during a subsisting caveat were irregular, and the balance refunded with interest.
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Property law — contract of sale — extent of land sold — caveat effect — entries made during subsistence of caveat irregular; Limitation — land actions 12-year period; Specific performance — discretionary remedy and cannot affect rights of unjoined third-party title holders; Alternative damages — court must choose appropriate remedy.
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11 March 2026 |
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Appellant proved defendant’s high-voltage breach caused fire; special damages unproven so nominal damages awarded.
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Electricity supply — Breach of statutory duty (Regulations 6 & 8) — Excessive/high voltage — Causation — Metering point liability — Proof of special damages; nominal damages awarded.
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11 March 2026 |
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Specific performance affirmed; corporate veil piercing set aside; professional misconduct findings upheld.
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Contract for sale of land — specific performance where title passed and purchaser in default; vacant possession — burden to prove squatters; notice to complete — elective remedy, not automatic rescission; legal practitioners — conflict of interest, professional misconduct; corporate personality — piercing veil only in exceptional fraud/sham circumstances.
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11 March 2026 |
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Appeal dismissed: occupation period, unjust enrichment, period-specific exchange rates and costs award were correctly applied by the assessor.
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Assessment of damages — determination of occupation period and surrender by delivery of keys — unjust enrichment as bar to retaining benefit without restitution — conversion of foreign currency using period-specific Bank of Zambia rates — duty to mitigate — costs following the event.
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6 March 2026 |
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Acting and responsibility allowances require formal appointment; whistleblower protection and constructive dismissal not established.
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Employment law — acting and responsibility allowances — entitlement requires formal appointment; Whistleblower protection — good faith and procedural compliance required; Constructive dismissal — employee must prove employer’s conduct amounted to fundamental breach.
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5 March 2026 |
| February 2026 |
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Acceptance of instalment payments varied the loan; duress not established; counterclaim for additional loan unproven.
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Contract variation — instalment acceptance as mutual variation and consideration; Duress — threats to report or reminders not automatically vitiating consent; Burden of proof — counterclaim must be proved on balance of probabilities; Cheques and payment patterns as evidence of acknowledgement of debt and ongoing indebtedness.
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27 February 2026 |
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Filing a defence under the amended High Court Rules does not waive the right to challenge originating process irregularities.
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Civil procedure — High Court Rules amended by S.I
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No. 58 of 2020 — Order 11/1 — filing of defence does not waive right to challenge irregularity of writ; Practice Direction No. 4 of 1977 — period for entry of appearance — service of process on advocates; duty of trial courts to adjudicate all issues
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27 February 2026 |
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Whether a documented sale with option to repurchase was a disguised loan and if alleged upfront deductions were proved.
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Property law — substance over form: sale with option to repurchase vs disguised loan; evidentiary requirement to authenticate handwritten documents; mesne profits/occupational fees for unauthorized occupation; discretionary award of costs to successful party.
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25 February 2026 |
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Court held the transaction was a sale, not a loan, dismissed the appellant's appeal and awarded costs to the respondent.
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Sale v. disguised loan — substance over form; authentication of documentary evidence; specific performance for contract of sale; damages for unauthorized occupation/mesne profits; discretionary award of costs.
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25 February 2026 |
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Appellant’s non-payment justified rescission and rental compensation; board‑resolution and Rent Act defences rejected.
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Company law — authority to commence proceedings — board resolution only required if company’s articles so provide; Contract law — rescission for breach by non‑payment; Unjust enrichment — occupation without payment; Rent Act inapplicable to sale/rescission disputes; Civil procedure — case management and refusal to re-open/ amend pleadings.
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24 February 2026 |
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Use of Originating Summons for a breach of contract claim was wrongful and deprived the court of jurisdiction.
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Civil procedure — mode of commencement — Order VI Rule 1 HCR — writ of summons primary; Originating Summons confined to matters disposable in chambers; Order 30 Rule 11 discretion limited; breach of contract/default on loan not amenable to summary chamber proceedings; wrong commencement deprives court of jurisdiction; proceedings a nullity.
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18 February 2026 |