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Citation
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Judgment date
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| March 2026 |
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Plaintiffs proved false imprisonment and are awarded damages, but failed to prove malicious prosecution for lack of malice.
Malicious prosecution — elements: prosecution, favorable termination, absence of reasonable and probable cause, malice; False imprisonment — unlawful arrest, burden of proof; Damages — general, aggravated, exemplary; Effect of defendant's default on burden of proof.
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11 March 2026 |
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Defendant entitled to set off losses from thefts against unpaid invoices; exact losses to be assessed by the Registrar.
Contract/Commercial law – Guarding services – interpretation of deployment instruction (two officers per shift) – breach of duty of care/negligence – set-off under clause 6.4 – disputed invoice procedure (clause 6.3.3) – valuation of losses to be assessed by Registrar – interest and costs to abide assessment.
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5 March 2026 |
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Court dismissed both claim and counterclaim for want of prosecution due to inexcusable non-compliance with directions.
Civil procedure — dismissal for want of prosecution; failure to comply with orders for directions; inordinate/inexcusable delay; prejudice and risk to fair trial; dismissal of claim and counter-claim; costs — each party to bear own; leave to appeal granted.
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3 March 2026 |
| February 2026 |
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Default judgment cannot be endorsed without proof of proper service by an endorsed writ and affidavit.
Civil procedure – Default judgment – Service of writ – Order X (10) Rule 22 High Court Rules – requirement of endorsed writ and affidavit of service – jurisdictional prerequisite – enlargement of time to enter appearance.
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23 February 2026 |
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Whether unilateral demolition of a shared boundary wall is nuisance and how fence costs/damages are apportioned under the Fencing Act.
Property law — Nuisance (private v public) — Fencing Act requirements for dividing fences — Unilateral demolition and repair — Remoteness and proximate cause for loss of business damages — Apportionment of fence costs.
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23 February 2026 |
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20 February 2026 |
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A dismissed permanent employee is not entitled to severance pay but is entitled to accrued gratuity and pension benefits, payable with interest.
Employment law – severance pay – Section 54(1)(c) inapplicable to permanent/pensionable employees and dismissed employees; Accrued benefits – Section 51(1) entitlement on dismissal; Pension law – portability and payment of accrued pension under Pension Scheme Regulation Act; Joint liability of employer and pension fund manager for pension benefits.
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18 February 2026 |
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A public body cannot itself sue for statutory surcharges; recovery of lost public funds lies with the Treasury and Attorney General.
Public Finance Management Act s52 — surcharge of public officers; Secretary to the Treasury's power to determine loss; Attorney General's exclusive right to sue for recovery; statutory bodies as 'public bodies'; refund vs surcharge distinction; Employment Code s68(1)(f) inapplicable.
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18 February 2026 |
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Whether environmental rights enforcement under the Act can proceed without exhausting statutory administrative appeals.
:[
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17 February 2026 |
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Whether an arbitral tribunal constituted by an Ad Hoc submission agreement can bind a non‑signatory company.
Arbitration — jurisdiction founded on consent; Ad Hoc submission agreement superseding arbitration clauses; competence‑competence and Article 16(2)–(3); derivative claims — mandatory two‑stage leave procedure under s.331 Companies Act; non‑signatory party cannot be bound without consent; attendance does not necessarily equal waiver.
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16 February 2026 |
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Plaintiffs failed to prove an accrued entitlement or legitimate expectation to discretionary 2021 bonuses; case dismissed with costs.
Employment law – discretionary performance bonuses – eligibility criteria (company objectives, individual year‑end appraisal, ability to pay, employment at payment) – accrued rights to bonuses – payment in lieu of notice terminates employment – legitimate expectation – pleadings and admissibility of unpleaded claims.
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13 February 2026 |
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9 February 2026 |
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Whether unpaid contract gratuity qualifies as a pension benefit entitling the applicant to payroll retention and back pay.
Employment law – fixed-term gratuity – whether end-of-contract gratuity qualifies as a pension benefit – retention on payroll under collective agreement clause 19.6.3 – interplay with Articles 187, 189 and 266 of the Constitution and Section 73 Employment Code – requirement to adduce cogent evidence of pension-law basis.
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3 February 2026 |
| January 2026 |
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Court dismissed application to set aside third party proceedings, holding leave was properly granted and merits are for trial.
Third party proceedings – Order 16 rule 2 – leave to issue third party notice – prima facie requirement – indemnity claims – merits to be determined at trial – avoidance of multiplicity of actions.
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30 January 2026 |
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Whether WhatsApp service of a pre‑litigation demand letter suffices to commence proceedings under Order 6 Rule 1(d).
Civil procedure – Pre‑litigation demand letter – Order 6 Rule 1(d) High Court Rules – Validity of service by WhatsApp – Affidavit of service as corroboration – Order 2 Rule 2 RSC (set aside for irregularity) – Electronic Communications and Transactions Act 2021 does not override Rules of Court on service.
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28 January 2026 |
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Application for judicial review of presidential appointment of a constitutional technical committee dismissed for lack of an arguable case.
Judicial review — leave requirement — arguable case at leave stage; Illegality — acting beyond lawful power; Procedural impropriety — absence of prescribed appointment procedures; Constitutional amendment process — role of wide public consultations; Presidential immunity (Article 98(i)).
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28 January 2026 |
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Bail pending appeal denied: applicant failed to show exceptional circumstances or realistic prospect of success on appeal.
Criminal procedure — Bail pending appeal — Discretion under s332(1) — Exceptional circumstances required — Two‑part test: likelihood of success on appeal and whether substantial portion of sentence will be served before appeal — Indecent assault does not require penetration; absence of penetration in medical report not decisive.
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27 January 2026 |
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Leave granted for judicial review of deportation for alleged illegality and denial of opportunity to make representations.
Judicial review – Leave to apply – Deportation orders – Proper mode of challenge to deportation (judicial review) – Section 39 Immigration and Deportation Act – Limits on Minister's power where fines, not imprisonment, imposed – Procedural fairness: right to make representations (48 hours) – Time limits under Order 53 and availability of alternative remedies (Section 10).
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22 January 2026 |
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Resignation found ordinary, not constructive dismissal; employer lawfully deducted outstanding loan; all claims dismissed.
Employment law – Constructive dismissal – Fundamental breach of contract and intolerable work environment – Resignation as ordinary resignation; Loan recovery – Employer entitled to deduct outstanding employee loan from contractual dues; Costs – Industrial relations norm of each party bearing own costs applies.
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22 January 2026 |
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An equivocal guilty plea by an unrepresented accused, without admission of essential elements, invalidates conviction; release ordered for time served.
Criminal procedure – plea of guilty – requirement that unrepresented accused admit each ingredient of the offence – Section 204 CPC – equivocal plea invalidating conviction – Termination of Pregnancy Act (statutory defence) inapplicable to adult accused – conviction set aside; release for time served.
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16 January 2026 |
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Court entered partial judgment on admission for admitted debt while reserving counterclaim damages for trial.
Civil procedure – Judgment on admission (Order 21 R.6 HCR; Order 27 R.3 RSC) – Pleadings admissions – Partial judgment for admitted debt – Counterclaim does not automatically defeat judgment on admission – Interest ordered at LIBOR rate.
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15 January 2026 |
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Court partially allowed defence amendments: deleted statute-barred averment, refused relitigation, permitted limited clarificatory changes.
Civil procedure — Amendment of pleadings — Order 18 Rule 1 High Court Rules — Amendments allowed to clarify pleadings but barred where they re-litigate issues (res judicata) or cause uncompensable prejudice; application partially allowed (deletion of paragraph raising statute-barred defence; refusal of amendment seeking to relitigate; allowance of minor clarificatory amendments).
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15 January 2026 |
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Former employees are entitled to backdated salary increments and recomputed separation benefits for periods they worked.
Employment law – salary harmonization – entitlement to backdated increments for periods worked despite separation before implementation; consent to revised conditions not required for payment of earned arrears; recomputation of separation benefits; interest awarded.
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14 January 2026 |
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Redundancy packages must be recalculated to include the unpaid 2018 salary notch; allowances excluded; no reinstatement or damages.
Employment law — Redundancy pay — Definition of ‘basic pay’ — Allowances excluded from redundancy calculation; Unpaid 2018 salary notch payable — Recalculation and interest; No reinstatement; No wrongful termination damages.
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13 January 2026 |
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Failure to prepare a compliant Record of Appeal amounted to professional negligence; immunity rejected and damages awarded (wasted fees and mitigation).
Professional negligence – Advocates' immunity – Abolition/refusal of immunity in Zambia – Duty of care in contract and tort – Record of Appeal non-compliance – Loss of chance – Recoverable wasted costs and mitigation expenses – Legal Practitioners' Practice Rules (duties of diligence and competence).
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7 January 2026 |
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Demolition of unauthorised structures on a railway reserve upheld; adverse possession unavailable against public/statutory land.
Urban and Regional Planning Act – enforcement notices and demolition (s.65) – planning permission prerequisite to development – Lands and Deeds Registry Act (s.33) – conclusive effect of certificate of title – adverse possession not available against public/statutory land – jurisdiction of Planning Appeals Tribunal to determine enforcement appeals.
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7 January 2026 |
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An action to set aside a consent order is limited to that remedy; extraneous claims were expunged and the matter proceeded on directions.
Civil procedure — setting aside consent orders; scope of reliefs; Order 14A (finality requirement); expungement of extraneous claims; failure to prosecute — late service not wilful; hearing inter partes; leave to appeal granted.
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7 January 2026 |
| December 2025 |
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Whether discontinuance of judicial review must follow White Book/RSC procedure or may be effected under Order XVII HCR.
Civil procedure – judicial review – discontinuance – applicability of Order XVII rule 1 High Court Rules versus White Book/Rules of the Supreme Court – setting aside proceedings – Order 2 RSC – inherent jurisdiction – procedure where domestic rules and English practice interact.
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31 December 2025 |
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State liable for unlawful seizure and interference; plaintiff awarded prospective and exemplary damages.
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31 December 2025 |
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Supreme Court's final determination on entitlement bars subsequent contractual and compensation claims against the State.
Government housing sale scheme; res judicata and finality of appellate decisions; contract formation and legitimate expectation in public administration; ex gratia offers; discretionary allocation of State land; non-recoverability of self-inflicted loss and prior litigation costs.
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31 December 2025 |
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Committal for contempt requires personal service on alleged contemnors; lack of personal service defeats the proceedings.
Civil contempt — committal — requirement of personal service on alleged contemnors — enforcement against corporate bodies (Order 45 RSC) — burden to prove willful disobedience beyond reasonable doubt — corporate veil argument left unaddressed.
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31 December 2025 |
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Ambiguous employer-drafted pay/salary clause construed against employer; plaintiff entitled to gross-based terminal benefits, notice pay and refund.
Contractual interpretation – ambiguity in employer-drafted conditions – "pay" vs "salary"; contra proferentem; terminal/separation benefits calculated on basic pay plus fixed allowances; pay in lieu of unserved notice; unlawful retrospective deduction of mortgage protection without contractual basis; burden of proof on employer to produce policy/contractual authority for deductions.
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31 December 2025 |
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A tenant lacked standing to challenge estate vesting; owner’s title upheld and entitled to unpaid rent and eviction.
Succession and title; locus standi of a tenant to challenge estate vesting; validity of deed of assent by court-appointed administrator; no statutory duty to sell to sitting tenant; recovery of unpaid rent and eviction.
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31 December 2025 |
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A registered certificate of title conclusively supports a summary possession claim; unproven fraud or adverse possession allegations fail to resist it.
Land law – Certificate of title (Lands and Deeds Registry Act ss.33,35) conclusive as to ownership; summary possession by originating summons (Order 113/White Book) against squatters; adverse possession cannot defeat registered title; fraud allegation requires particularised evidence.
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30 December 2025 |
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Whether a summarily dismissed employee's "full benefits" include three months' pay per year or only wages and accrued leave.
Employment law — summary dismissal — "full benefits" in Collective Agreement — interpretation and ambiguity — interplay with Employment Code Act (sections 51, 54, 127) — accrued wages and leave vs severance — legitimate expectation/estoppel from prior payments.
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30 December 2025 |
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Plaintiff entitled to conveyance or refund after employee-agent accepted full purchase price, constituting breach when property not conveyed.
Contract law — Sale of land — Agency and ostensible authority — Employee status — Proof of payment (handwritten receipts and corroboration) — Specific performance or refund — Nominal damages — Interest and costs.
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30 December 2025 |
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Claim for specific performance dismissed for failure to prove purchase on balance of probabilities.
Property law – contract of sale – proof of contract – burden of proof on balance of probabilities; Evidence – credibility of handwritten documents and inconsistencies; Specific performance – entitlement requires clear, corroborated proof; Civil procedure – failure to call witnesses and absent defendant; Costs and leave to appeal.
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30 December 2025 |
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A 14‑month unexplained delay by the Minister to determine a statutory appeal was unreasonable, warranting mandamus within 30 days.
Administrative law — Unreasonable delay in administrative decision‑making — Mandamus to compel determination of statutory appeal — Mines and Minerals Development Act s97 — Interpretation Act s36 — factors for assessing delay (length, cause, prejudice).
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30 December 2025 |
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Resignation precludes statutory severance; contractual terms and non-retroactivity of the Employment Code bar gratuity; minimal pension refund awarded.
Employment law — distinction between gratuity and pension/severance; contractual terms govern gratuity entitlement; non-retrospectivity of Employment Code Act 2019; resignation excludes severance under s54; burden of proof on employee to prove unpaid pension deductions.
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30 December 2025 |
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Application to join a third party and file a fraud counterclaim in a mortgage originating summons dismissed as improper.
Joinder and counterclaim – Originating summons (mortgage) – Order 14 Rule 5; Order 15 Rules 3 and 6; Order 28 Rule 7 – Allegations of fraud unrelated to subject matter – Misjoinder/abuse of process – Separate action appropriate.
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30 December 2025 |
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Employer and mine owner held liable for mining accident; plaintiff contributorily negligent; damages reduced and apportioned.
Occupational health and safety – Employer duty to provide safe system and equipment – Mining Regulations 215 – Person in Charge statutory duties – Mines Act strict liability of mine owner – contributory negligence and apportionment of damages.
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29 December 2025 |
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Employer liable for damages and interest where pension scheme was unilaterally converted and retirees suffered delayed, under-calculated payments.
Pension law – private pension schemes as trusts – enforceability of unsigned trust deed/rules by conduct – employer’s liability where scheme conversion effected without members’ consent – damages and interest for delayed/underpaid pension benefits.
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26 December 2025 |
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Committal for non‑payment requires proof of deliberate refusal and means to pay; writ valid if amount correct when issued.
Contempt of court — committal for non‑payment — quasi‑criminal standard: proof beyond reasonable doubt and mens rea required; registered mediation settlements enforceable as judgments; Debtors Act limits imprisonment for debt; writ of fieri facias regular if correctly endorsed for amount owing when issued.
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26 December 2025 |
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Plaintiff proved a K477,376.31 village-banking debt; unchallenged testimony sufficed where defendant failed to testify.
Village banking - recovery of loans - burden of proof - unchallenged witness evidence - admissibility of documentary evidence where not referenced in witness statement - interest and costs.
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26 December 2025 |
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Court grants mandamus to compel the Minister to decide the applicant's appeal within 90 days; declines to compel an immediate impact assessment.
Judicial review – mandamus – compelling ministerial determination of appeal under s.145(1) Zambia Wildlife Act; Wildlife Impact Assessment request under s.38(1); no express statutory timeframe but duty to act within reasonable time; locus standi of public‑interest organisations; Wednesbury unreasonableness; disclosure and transparency in awarding tourism concessions.
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22 December 2025 |
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Electronic trespass via continued authorization messages upheld; deactivation ordered and K30,000 awarded; mental anguish claim dismissed.
["Electronic trespass; trespass to chattels extended to unsolicited authorization/data messages","Authentication of electronic evidence and data messages under the Electronic Communications and Transactions Act","Trespass actionable per se; damages available for digital interference","Proof required for claims of mental anguish/nervous shock; need for credible/medical evidence","Remedy: decommissioning of credentials and award of moderate general damages"]
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18 December 2025 |
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Court dismissed trespass claim for want of jurisdiction because resolution requires determination of mining rights by the statutory Tribunal.
Jurisdiction — Mining rights vs surface rights — Minerals Regulation Commission Act 2024 — Exclusive jurisdiction of Mining Appeals Tribunal — Trespass claims implicating licence ownership — Interlocutory injunctions rendered incompetent where court lacks jurisdiction.
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12 December 2025 |
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Joint tenancy survivorship prevailed; grant revoked where respondent lacked beneficial interest and procured it by misrepresentation.
Intestate succession – Joint tenancy and right of survivorship – Registered title presumptive effect – Revocation under s.29 for misrepresentation and concealment – Matrimonial property principles do not override statutory joint tenancy.
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12 December 2025 |
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Failure to serve and acknowledge the pre‑action letter of demand deprived the court of jurisdiction and led to dismissal of the action.
Civil procedure – originating process – pre-action letter of demand must be served on each defendant and acknowledged or proved by affidavit – non‑compliance is jurisdictional and fatal; libel proceedings – endorsement of plaintiff/advocate addresses and particulars of publication required.
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11 December 2025 |
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Fraudulent registration of land title annulled; advocate and Registrar held liable for negligent conveyancing and failure to detect fraud.
Land law – Fraudulent conveyance – Registered Certificate of Title cancellable for fraud; bona fide purchaser defence unavailable where fraud proved; vendor’s advocates (stakeholders) and Registrar liable in negligence for failing to verify identity and Green File records.
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9 December 2025 |