Results.
2,111 judgments found.
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| February 2025 |
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Failure to serve the record and heads within 14 days without leave renders an appeal incompetent and divests the court of jurisdiction.
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Civil procedure — Appeal — Mandatory service of Record of Appeal and Heads within 14 days (Order 10 Rule 9(9)) — Non-compliance without leave renders appeal incompetent — Lack of jurisdiction — Appeal dismissed.
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20 February 2025 |
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The appellant's murder conviction was upheld because circumstantial evidence left no reasonable inference other than guilt.
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Criminal law — Murder — Circumstantial evidence — Last seen with victim — Chain of inculpatory facts — Inference must point to nothing else but guilt — Opportunity and evasive conduct as corroboration.
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18 February 2025 |
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Child victims' evidence corroborated by medical reports and admissions upheld conviction; 35-year sentence affirmed.
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Criminal law — Unnatural offences (sodomy) — Child witnesses — Voire dire requirements — Corroboration of identity in sexual offences — Medical evidence and admissions — Sentence appropriateness for multiple child victims.
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18 February 2025 |
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Confessions improperly admitted were expunged; two appellants acquitted, first appellant's conviction upheld but death sentence replaced due to age.
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Criminal law — confession evidence — voluntariness — burden on prosecution to prove beyond reasonable doubt; Trial-within-a-trial — procedural irregularity — prohibition on publishing confessions during inquiry; Civilian witness — cannot narrate confessions given to police; Circumstantial evidence — possession of deceased’s property may sustain conviction; Sentencing — age of offender at time of offence must be established, ocular observation insufficient.
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18 February 2025 |
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A proposed success-fee “subject to negotiation” is unenforceable; consultant entitled to market-rate payment for work that produced tax benefits.
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Contract law — agreement to agree — success-fee clause "subject to negotiation" unconstitutional for uncertainty; contra proferentem; admissibility of extrinsic evidence; attribution of benefits where consultant did foundational work but audit performed by third party; quantum meruit/prevailing market rates; special damages require particularisation and proof.
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14 February 2025 |
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Whether a proposed 5% success fee "subject to negotiation" was enforceable and whether appellant's groundwork entitled it to market-rate remuneration.
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Contract — Agreement to agree — Proposed 5% success fee "subject to negotiation" — unenforceable for uncertainty; Contract interpretation — ambiguity construed contra proferentum against draftsman; Quantum meruit/assessment — appellant performed foundational work for tax benefits; Damages — loss of use requires specific pleading and proof.
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14 February 2025 |
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Application for leave to appeal over severance pay entitlement for permanent employees declined for lack of public importance.
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Employment law — Severance pay (s.54) — fixed-term/long-term contracts vs permanent and pensionable contracts — dismissal under s.51 excludes severance entitlement — leave to appeal (s.13(3) Court of Appeal Act) — public importance and prospects of success.
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14 February 2025 |
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Whether the appellant was bound by its agent's unauthorized subdivision and the appropriate remedies, including quantum meruit.
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Agency law — scope of agent's authority; delegation and sub-agents; construction of written agency agreements; Statute of Frauds and enforceability of MOU/offer letters; remedies — specific performance, damages and quantum meruit; appellate interference with trial findings of fact.
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13 February 2025 |
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Court affirmed limited judicial review of arbitral awards; failure to plead facts and show public‑policy breach doomed the appeal.
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Arbitration law — setting aside arbitral awards — limited judicial review — public policy narrowly construed — Rule 23(2)(c) mandatory affidavit particulars — capacity vs jurisdiction — obiter remarks by tribunal not grounds to set aside award.
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13 February 2025 |
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Receiver appointment crystallises floating charge; conditional restructuring was not accepted, allowing mortgage enforcement.
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Commercial law
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Insolvency/Receivership — Effect of receiver appointment on floating charge — Crystallisation and enforcement of security
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Enforcement of mortgage/security — No moratorium under Corporate Insolvency Act for receivership
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Contract law — Offer and acceptance — Conditional acceptance constitutes counter‑offer; no contract unless conditions met
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3 February 2025 |
| January 2025 |
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Application to reopen an appeal dismissed: slip rule limited to seven‑day clerical corrections; three‑year delay unjustified.
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Court of Appeal — jurisdiction to reopen judgments; Order 13/8 CAR (slip rule) — clerical errors/accidental slips within seven days; extension of time — inordinate delay and insufficient reasons; finality of litigation; abuse of process/forum shopping.
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31 January 2025 |
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The applicant's managerial misconduct justified summary dismissal; differential treatment did not amount to discrimination.
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Employment law — unfair/wrongful dismissal — discrimination — comparative treatment of senior staff — procedural fairness — managerial accountability — Voluntary Separation Scheme eligibility.
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31 January 2025 |
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The respondent failed to show necessity for subpoenas; leave set aside and respondent ordered to pay costs.
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Evidence — Applicability of English Evidence Act 1851 to fill gaps in Zambian Evidence Act; Competent and compellable witnesses; Subpoena and subpoena duces tecum under s27 High Court Act and Order 38 RSC; Discretion to summon witnesses after close of case; Requirement to show relevance and necessity; Costs for undue delay and repeated late applications.
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31 January 2025 |
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Appellant met initial evidential burden on alleged unauthorised transfers; bank failed to explain certain transfers, judgment entered for those sums.
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Banking law — alleged unauthorised debits; fraud — burden of proof and evidential shift once plaintiff particularises transactions; bank’s duty to justify transfers or produce mandate; admissibility/reconstruction of banking records and statutory retention periods; set-off; damages require proof.
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31 January 2025 |
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Release and Indemnity can form a mandate; bank not negligent to effect clear customer telephone instructions without reconfirmation.
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Banker–customer relationship; mandate and Release and Indemnity; electronic/telephone instructions; duty of reasonable care and skill; test for banker negligence (whether transaction was out of the ordinary to put bank on inquiry); Quincecare duty not engaged where customer personally gives instructions; burden of proof; damages for breach of mandate.
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30 January 2025 |
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Derivative actions require prior leave; trial court lacked jurisdiction and its judgment was set aside.
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Derivative actions — leave to continue mandatory after defendants give notice of intention to defend — jurisdictional challenge fatal if no leave on record; receivership and property transfers rendered academic where trial lacked jurisdiction; bona fide purchaser and validity of conveyance not determined; parties to bear own costs.
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30 January 2025 |
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Stakeholder interpleader is unavailable once competing claims have culminated in judgment; applicant lacked stakeholder status.
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Civil procedure — Stakeholder interpleader — interpleader not available after judgment; locus standi — stakeholder must be disinterested and in possession; execution priority — judgments take effect at execution; procedural fairness — complaints not raised below cannot be advanced on appeal.
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29 January 2025 |
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Leave to appeal refused: issues were mixed law and fact, not of public importance; stay denied; respondents awarded costs.
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Leave to appeal — Court of Appeal Act s.13(3) — point of law of public importance — mixed questions of law and fact — interpretation of forum selection/arbitration clauses (Marine Policy) — stare decisis (Chansa Chipili) — expungement of inadmissible legal argument in affidavit — stay of execution — costs follow the event.
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28 January 2025 |
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Unauthenticated affidavits executed abroad are inadmissible; appeal dismissed for lack of authentication and procedural defects.
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Authentication of Documents Act s3 — documents executed abroad require notarial/consular authentication; Affidavit — signed abroad and not commissioned is void ab initio; High Court Rules Order 5 r.13 — defect of form curable only where affidavit sworn before authorised officer; Court of Appeal Rules Order 10 r.9(2) — grounds of appeal must be concise, non‑argumentative; Service — service at last known address via third party can constitute good service.
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24 January 2025 |
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Unauthenticated affidavits signed outside Zambia are inadmissible; defective, non-compliant grounds of appeal may be disregarded.
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Civil procedure — Authentication of documents — Section 3, Authentication of Documents Act — Affidavit executed outside Zambia must be authenticated by notary/public officer before use — Unauthenticated affidavit signed abroad void ab initio; High Court properly expunged affidavit. Procedural compliance — Court of Appeal Rules Order 10 Rule 9(2) — Non-compliant grounds of appeal disregarded
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24 January 2025 |
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Civil forfeiture is governed by civil procedure; Section 11 (conviction‑based) does not authorize State possession without court process; conditional stay granted.
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Forfeiture law — distinction between conviction‑based and civil forfeiture; Section 11 interpretation; civil forfeiture governed by civil procedure — writs and possession; propriety of counsel deposing to affidavits; stay of execution pending appeal — prospects of success and irreparable harm.
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22 January 2025 |
| December 2024 |
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Consent orders are final and only challengeable by fresh action; writs of possession require a possession order and notice to occupants.
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Civil procedure — Consent orders — Finality and manner of challenge (fresh action required); Enforcement of judgments — Writ of possession requires underlying possession order and leave of court; Requirement of notice to persons in actual possession before writ issued; Protection of innocent purchasers in possession.
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31 December 2024 |
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Whether the applicant may obtain review under Order 39 absent fresh material evidence, rather than appeal the ruling.
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Civil procedure — Review under Order 39 High Court Rules — discretionary power — review generally requires discovery of fresh material evidence not discoverable with reasonable diligence — review not to be used as an appeal; Discovery and inspection — procedural requirements when applying to file supplementary documents; Failure to exhibit documents may justify refusal to grant leave to produce them; Review vs appeal — limits to re‑litigation.
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31 December 2024 |
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Whether an employee who resigned is entitled to gratuity, pension portability and accrued leave; court ordered payments and pension statements.
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Employment law — termination by resignation — interplay of contractual entitlements (pre-2019) and Employment Code (post-2019) — Section 127 Employment Code; gratuity under Section 73 — pension portability and employer duty to provide statements (Pension Scheme Regulation Act s18) — accrued leave pay — burden of proof for salary arrears — interest and costs.
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30 December 2024 |
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Applicant failed to show special circumstances and realistic, irreparable prejudice to justify a stay pending appeal.
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Civil procedure — Stay of proceedings pending appeal — applicant must show realistic prospects of success and special/exceptional circumstances; balancing prejudice to parties.
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29 December 2024 |
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No binding rental lease found; joint tenant improving property entitled to equitable allowance; sale under Partition Act upheld.
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Contract law — Formation of lease — Offer, acceptance and counter-offers determining existence of binding rental agreement
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Property law — Joint tenancy — Occupation, exclusion and equitable allowance for unilateral repairs or improvements
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Civil procedure — Partition Act s.4 — Court discretion to order sale of co-owned property
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23 December 2024 |
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Stale theft claims barred by limitation; contractual cap (ZMW 2,500) on employee‑caused losses enforced; appeals dismissed.
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Limitation of actions — accrual of cause of action for theft; Contract law — enforceability of limitation/exemption clauses; Liability for employee‑committed theft as contractual negligence; Assessment of quantum limited by contractual cap; Requirement of pleadings and proof for damages and set‑off.
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23 December 2024 |
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23 December 2024 |
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Juvenile murder convicts must be sentenced under the law at the offence time—detention during President’s pleasure, not life imprisonment.
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Criminal law — Sentencing juvenile offenders convicted of murder — Application of law at time of offence — Section 25(2) Penal Code (pre-2022): detention during President's pleasure — subsequent statutory amendments not applicable retrospectively.
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18 December 2024 |
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Applicant convicted of defilement granted bail pending appeal where court found high prospects of success and imposed conditions.
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Criminal law — Bail pending appeal — Court of Appeal Act s18(1) — Previewing prospects of success — Criteria from Anuj Kumar Rathi Krishna (likelihood of success, exceptional circumstances, risk of serving sentence) — Defilement conviction — Conditions: K10,000 recognizance, two sureties, fortnightly reporting.
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18 December 2024 |
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Flawed trial-within-trial and premature admission of confessions rendered convictions unsafe; appellants acquitted.
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Criminal procedure — admissibility of confessions — identification and production procedure — conduct of trial within a trial — prohibition on using statement contents before admissibility — burden of proof.
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18 December 2024 |
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A bona fide restructuring that diminishes the need for particular work can lawfully justify redundancy; appeal dismissed.
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Employment law — Redundancy — Section 55(1)(b) — restructuring and diminished requirement for particular work; employment pool — lawful consequence of reorganisation; notice periods — contractual terms more favourable than statute (Section 127) prevail; constructive dismissal requires resignation; victimisation claims require evidential support.
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17 December 2024 |
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Section 54 severance pay does not apply to dismissed employees and permanent/pensionable employees except in redundancy cases.
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Employment law — Severance pay — Interpretation of Section 54 Employment Code Act — Distinction between dismissal and termination — Permanent and pensionable contracts — Redundancy — Measure of damages for unfair dismissal (notice period)
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10 December 2024 |
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Possession and active involvement can render the appellant personally liable for a missing vehicle despite not being estate administrator.
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Civil law — possession and control — liability for disappearance of property — burden of proof on balance of probabilities — personal liability despite non‑appointment as estate administrator; evidential weight of conduct (inspection, instructions, offers to compensate).
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10 December 2024 |
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Payment to the tax authority was not an unequivocal admission; summary judgment was inappropriate and the appeal is dismissed.
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Civil procedure — Judgment on admission — Admission must be clear, plain and unequivocal — Payment to tax authority does not necessarily constitute admission — Judicial discretion to refuse summary judgment where liability disputed — VAT liability and reservation of rights.
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9 December 2024 |
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A demand performance bond is autonomous and payable on compliance with its terms; alleged fraud must be pleaded and proved to a high standard.
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Performance bonds — autonomy of demand guarantees — conditions for payment; Fraud — burden and particularity of proof; Demand timing and statement of breach; Distinctness of bond claims and underlying contractual claims; Unjust enrichment/set-off rejected.
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9 December 2024 |
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Court retained jurisdiction despite lapse of one year and allowed substitution of the respondent to the correct legal entity.
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Jurisdiction — Industrial and Labour Relations Act — lapse of one year does not automatically terminate court's jurisdiction where Guardall decision has been overruled; Parties — substitution/joinder after judgment — permissible to join or substitute affected parties to avoid multiplicity and ensure justice; Precedent — Citibank v. Suhayl Dudhia reversed Guardall; Procedure — courts have discretion to add or substitute parties where outcome affects them
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9 December 2024 |
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Appeal dismissed: Order 14A properly applied; fraud not proved; action barred as multiplicity/res judicata; costs awarded.
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Civil procedure — Order 14A RSC — interlocutory determination disposing of matter without full trial; Fraud vitiating judgments — high onus of proof; Multiplicity of actions/res judicata — relitigation where fraud was previously litigated; Use of criminal proceedings in civil cases — evidential material admissible but conviction outcome not usable as proof; High Court judges — equal jurisdiction; setting aside another judge’s judgment requires established fraud.
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9 December 2024 |
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9 December 2024 |
| November 2024 |
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Applicant denied equitable account: stakeholder accounted for funds; court found no duty to probe purchase price and unclean hands.
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Equity — Accounting — Scope of accounting party’s duty under Order 43/2 RSC — limited to accounting for monies received and disbursed; Privity of contract — accounting party not obliged to investigate contract price it is not party to; Equity — Clean hands doctrine bars equitable relief where applicant admits misconduct; Civil appellate review — interference with factual findings only where perverse or unsupported by evidence; Payments — bank transfers and receipts can substantiate disbursements.
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28 November 2024 |
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A fraud-based action to set aside judgment must target procurement conduct, not re-litigate merits or enforcement steps.
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Civil procedure — Setting aside judgment obtained by fraud — Jurisdiction to bring fresh action — Requirement to plead fraud with particularity — Proof of conscious and deliberate dishonesty — Fraud must be material and causally operative — Finality of judgments — Abuse of process where pleadings re-litigate merits or attack enforcement/post-judgment steps.
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28 November 2024 |
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Employer must give and substantiate valid operational reasons for termination; traumatic public dismissal attracts enhanced damages.
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Employment law — unfair dismissal; operational requirements — requirement to give and substantiate valid reasons; burden on employer; notice clause not an escape; procedural fairness and opportunity to be heard; enhanced damages for traumatic/public dismissal.
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28 November 2024 |
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Appeal dismissed: tribunal validly exercised disciplinary powers; insufficient proof of unpaid benefits.
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Employment law — disciplinary dismissal — validity and exercise of disciplinary powers — substratum of facts supporting summary dismissal where employee not caught red‑handed; burden of proof for claim of unpaid terminal benefits — contractual entitlements (salary, housing allowance, accrued leave).
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28 November 2024 |
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Propounder must dispel suspicious circumstances under Section 6; failure to do so renders a will invalid and results in intestacy.
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Wills Act (s.6) — testamentary formalities — burden on propounder to prove proper execution when suspicious circumstances arise; forgery allegations; witness credibility and non-production of attesting witness; requirement of affirmative proof (documentary/expert) to dispel suspicion.
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27 November 2024 |
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Whether statutory penalties under the mining law void cooperative mining contracts and whether a corporation can hold an artisanal licence.
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Mines and Minerals Development Act — section 12(1) breach — statutory penalties — effect on contractual enforceability; artisanal mining licence — capacity to hold (citizen/co-operative) — illegality of contract; duty of due diligence.
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21 November 2024 |
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Whether the applicant proved paternity to claim intestate succession and whether originating summons should be treated as a writ.
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Intestate succession — paternity dispute — originating summons v writ — Order 28 RSC discretion — DNA evidence as conclusive proof of parentage — presumption of parentage — burden of proof in inheritance claims.
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20 November 2024 |
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Fixed-term contract expired by effluxion of time; late non-renewal notice breached clause 12.2 but warrants only one month's salary.
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Employment law — fixed-term contract expires by effluxion of time — legitimate expectation of renewal requires employer representation or continued employment after expiry — late administrative notice breaches contract clause 12.2 but attracts normal measure of damages (one month's salary).
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20 November 2024 |
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Whether the respondent could claim commission before season end and the legal effect of payment into court on costs and interest.
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Contract — interpretation of payment clauses — clause 5.2 commission payable only after season; clause 5.1 bi‑weekly invoices based on minimum fee valid; premature claims; payment into court — effect on liability, costs and interest; assessment by Registrar; possessory lien/set‑off issues.
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20 November 2024 |
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Purchaser’s payment into agent’s personal account was a red flag; employer not vicariously liable and equitable reliefs denied.
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Agency — apparent/ostensible authority; agent acting outside scope of authority; vicarious liability — limits where third party is put on notice; suspicious mode of payment (personal account) as red flag; remedy — refusal of specific performance and vesting order where principal not liable.
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20 November 2024 |
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Claim for recovery of land held statute‑barred: accrual on dispossession and no proven concealment to postpone limitation.
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Limitation of actions — accrual of cause of action on dispossession — Limitation Act 1939 s.4(3), s.5(1), s.12; section 26 (fraud/concealment) — requirement of reasonable diligence to discover fraud — fraudulent concealment must be pleaded and proved — jurisdiction where action is statute‑barred.
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19 November 2024 |