Results.
23 judgments found.
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| November 1980 |
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Accused committed for trial may obtain discharge or habeas corpus where prosecution unreasonably delays or fails to file information.
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Criminal procedure — Habeas corpus — Availability where accused committed for High Court trial faces unreasonable delay — Habeas Corpus Act 1679 applicable in Zambia via English Law (Extension) Act — Criminal Procedure Code ss.241–246; discharge where DPP fails to file information
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6 November 1980 |
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Allegations of managerial indifference were defamatory, but fair comment and qualified privilege protected public-interest reporting.
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Defamation (libel) — imputations of arrogance, indifference, inefficiency and unsuitability for office — justification — fair comment on matters of public interest — qualified privilege — malice and honest belief
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3 November 1980 |
| September 1980 |
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Recent possession creates an evidential burden; extra‑judicial explanations cannot prevent it; unshaken alibi defeats conviction.
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Criminal law — Recent possession of stolen property raises an evidential burden of explanation; extra‑judicial explanations do not prevent that burden; vague police evidence and an unshaken alibi defeat a prima facie case
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25 September 1980 |
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Timing for written grounds under Article 27(1)(a) is mandatory; the language requirement is directory if the detainee is effectively informed.
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Constitutional law — Detention — Article 27(1)(a): written grounds within 14 days mandatory; language requirement directory if detainee informed
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Preservation of Public Security Reg. 33(1) — past conduct may justify preventive detention where it supports an inference of future risk
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17 September 1980 |
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A municipal council may lawfully levy rates on assessable property within its boundaries even if specific services are absent.
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Municipal law — Rates — Whether levy lawful where municipal services absent — Meaning of 'rate' as tax for public purposes — Municipal Corporations Act ss. 18(1), 19(1), 30(1)
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16 September 1980 |
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An ambulance driver who disobeys a give-way sign without explanation is negligent and attracts vicarious liability.
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Tort — Negligence: failure to obey give-way sign prima facie negligence; Ambulance drivers owe duty of care; no emergency permits risking collision; no legal priority for ambulances (customary yielding only)
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16 September 1980 |
| August 1980 |
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Detention invalid where an additional ground (not communicated) formed basis for continued detention and economic misconduct lacked proximate public security threat.
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Preservation of Public Security — Meaning of "public security" (safety of persons/property; supplies/services; public order) — Unlawful externalisation of funds not ordinarily proximate to public security — All grounds of detention (including additional grounds) must be communicated; additional ground requires revocation and fresh order — Review limited to whether detaining authority could reasonably suspect on materials before it — Preventive v punitive character considered where public statements indicate predetermination
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7 August 1980 |
| July 1980 |
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Whether an originating summons can obtain a declaratory order on employment status after an alleged dismissal.
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Civil procedure — Originating summons (O.6 r.2) — Declaratory relief as to employment status — Whether matter may be disposed of in chambers — Distinction from Chikuta v Chipata Rural Council
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24 July 1980 |
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Where accused is insane, court should make a s.167 special finding; detention under President’s pleasure confirmed.
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Criminal procedure — Insanity defence — Procedure where accused unfit to make defence — Application of ss.161(2)(b) and 167 Criminal Procedure Code — Special finding versus conviction — Detention during President’s pleasure
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10 July 1980 |
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Confession excluded where prosecution fails to prove it was made freely and voluntarily amid alleged torture and duress.
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Evidence — Confession admissibility — Burden on prosecution to prove voluntariness; voluntariness, not truth, governs admissibility; Judges' Rules and judicial discretion to exclude; duress, torture and inducement vitiate confession
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3 July 1980 |
| June 1980 |
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Applicant lawfully detained under public security regulations despite claimed immunity and Secretary to the Cabinet’s signed grounds.
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Constitutional law — detention — Preservation of Public Security — immunity does not bar preventive detention — Secretary to the Cabinet may sign grounds under Statutory Functions Act — grounds must be in a language detainee understands and sufficiently definite — unlawful externalisation of funds can threaten public security
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25 June 1980 |
| May 1980 |
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Court excluded a juvenile’s confession despite voluntariness, stressing need for parent/guardian or independent person at statement-taking.
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Criminal law — confession — juvenile offender — voluntariness established but confession excluded in exercise of discretion where admission would be unfair — desirability of parent/guardian or other independent person being present when taking statements from juveniles — relevance of detention under Preservation of Public Security Regulations and recording location
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1 May 1980 |
| April 1980 |
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High Court lacks jurisdiction to dissolve potentially polygamous customary marriages under s.11 conforming to English monogamous law.
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Family law — Divorce jurisdiction — Potentially polygamous customary marriages — High Court Act s.11 requiring conformity with English monogamous matrimonial practice — Matrimonial Causes Act s.1(2)(e)
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8 April 1980 |
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A first‑class magistrate may be deputed within the district without formal transfer unless the case is part‑heard.
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Criminal procedure — Transfer of cases — Deputation of a first‑class magistrate within same district — No formal transfer required if case not part‑heard; part‑heard or remission to lower class requires formal transfer
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Judicial discipline — Unlawful discharge of accused amounts to nullity and abuse of process
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7 April 1980 |
| March 1980 |
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Interlocutory injunction refused despite real prospect of success because damages were adequate and balance of convenience favoured defendant.
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Civil procedure — Interlocutory injunctions — plaintiff must show a serious question to be tried and a real prospect of success; balance of convenience and adequacy of damages determine relief
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25 March 1980 |
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An appeal from a Deputy Registrar’s assessment of damages lies to the Supreme Court, not the High Court.
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Civil procedure — Appeal jurisdiction — Assessment of damages by Deputy Registrar — O
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XXX r.10(1) — Whether appeal lies to judge in chambers or to Supreme Court — Conflict between High Court Rules and Supreme Court Act — Need to amend Rules
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13 March 1980 |
| February 1980 |
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Advocates not liable for negligence where no firm instructions existed after client’s management disruption; summary judgment consequences explained.
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Professional negligence — advocates’ duty to protect client when instructed — requirement of firm instructions — effect of client's internal disruption on instructions — failure to oppose summary judgment and entitlement to judgment
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27 February 1980 |
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Defendant need not give further particulars of a war-risk exclusion when details are primarily within the plaintiff's knowledge.
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Civil procedure — Pleadings — Particulars: functions and limits; Insurance — war-risk exception — sufficiency of particulars; Relief refused where requested particulars are more within opponent's knowledge
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21 February 1980 |
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Proceedings governed by statute must be commenced by the method prescribed; deviation is not permitted.
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Civil procedure — Rent Act & Rent Rules — Statutory method of commencement mandatory — Originating notice of motion required — Inclusion of damages for trespass does not avoid prescribed procedure — Jurisdiction and procedural compliance
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5 February 1980 |
| January 1980 |
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Whether written detention grounds must be in the detainee's language or whether vernacular explanation suffices for illiterate detainees.
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Constitutional law — detention — Article 27(1)(a) — "statement in writing in a language he understands" — meaning where detainee illiterate — oral explanation/translation and attestation can satisfy requirement
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31 January 1980 |
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Conviction under s.319(a) requires prosecution to prove reasonable suspicion while the accused was in possession; otherwise acquittal.
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Criminal law — Possession under s.319(a) Penal Code — Accomplice presumption for possessor — Prosecution’s initial burden to prove reasonable suspicion while possessor still holds goods — Necessity for corroboration of accomplice evidence
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24 January 1980 |
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Conviction on uncorroborated evidence of the applicant against a co-accused requires caution; confessions need proper procedure.
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Evidence — corroboration: caution required before convicting on uncorroborated testimony of an accused against co-accused; Evidence — admissibility: extra-judicial statements not admissible against absent co-accused but in-court incriminating testimony is admissible; Confession — procedural safeguards and consent required before admission
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24 January 1980 |
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Events occurring after judgment cannot justify review; review on fresh evidence requires materiality and reasonable diligence.
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Civil procedure — Review under Order XXXIX r.1 — Fresh evidence — Events occurring after delivery of judgment cannot ground review — Setting aside judgment on newly discovered evidence requires materiality and inability to discover with reasonable diligence — Public registers must be searched
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17 January 1980 |