Results.
21 judgments found.
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| December 1981 |
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High Court grants damages for proven ill‑treatment but finds detention lawful under valid public‑security regulations; petition allowed in part.
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Constitutional jurisdiction — Article 29 petitions — damages for ill‑treatment under Article 29(8) — Preservation of Public Security Regulations — validity and inheritance — police detention orders (reg.33(6)) need not be written — requirement to weigh detainee immediately — solitary confinement distinguished from separate accommodation — Article 15(3) inapplicable where no criminal charge
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3 December 1981 |
| November 1981 |
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Interim injunction to prevent deportation denied because s.16 bars injunctions that would give relief against the State.
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State Proceedings Act s.16 — Injunctions and specific performance barred against the State; declaratory relief allowable in lieu; no interlocutory relief that would give substantive relief against the Crown; removal of litigant from jurisdiction while proceedings pending is undesirable
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24 November 1981 |
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Once lawfully brought into Zambia and served with a detention order, the detaining authority may detain under Public Security Regulations.
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Constitutional law — detention under Preservation of Public Security Regulations — arrest abroad and hand‑over — jurisdiction once detainee is within Zambia — effectiveness of detention upon service — validity of Regulations and state of emergency — adequacy of grounds under Art.27 — President's signature not required — court cannot probe manner of transfer from foreign state.
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17 November 1981 |
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Court upheld detention under Public Security Regulations after lawful handover from foreign custody; grounds and procedures deemed sufficient.
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Constitutional law—detention under Preservation of Public Security Regulations—extraterritorial arrest and handover—jurisdiction once detainee brought into Zambia; effectiveness and service of detention orders; validity of Regulations/state of emergency; Article 27 grounds (signature, particularity, vagueness) and applicability of Article 15; detaining authority’s subjective satisfaction
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16 November 1981 |
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An employer who reports suspected theft is not liable for false imprisonment absent mala fides or direct causation of detention.
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Tort — False imprisonment; unlawfulness of arrest; reporting crime to police; mere setting in motion of legal process not trespass; direct and immediate causation; mala fides
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12 November 1981 |
| October 1981 |
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Courts should avoid imposing unaffordable maximum fines under Control of Goods Regulations that lead to default imprisonment for first offenders.
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Control of Goods — offering goods above maximum controlled price; failure to display prices; reg.17(1) maximum penalty K2,000 or six months' imprisonment; courts should avoid fines leading to default imprisonment, especially for first offenders and guilty pleas
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14 October 1981 |
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Where the Minister alone decides registration, certiorari cannot be issued against the consultative Board.
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Administrative law — Judicial review — Certiorari — Ministerial discretion in registration — Section 11 vests decision in Minister; section 13 grants appeal only from Board decisions — Board merely consultative — certiorari unavailable against Board
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13 October 1981 |
| September 1981 |
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Whether a subordinate court must immediately commit accused on a DPP summary-committal certificate and may still hear complaints.
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Civil procedure — mandamus and prohibition — High Court’s discretionary power over subordinate courts; Criminal procedure — treason — DPP’s summary-committal certificate under ss. 254–255 Criminal Procedure Code; Subordinate courts may record accused’s complaints notwithstanding certificate; Indictment must disclose an offence; Procedural flexibility where strict rules would produce injustice
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5 September 1981 |
| August 1981 |
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Exclusion of the day of detention in computing the 14-day period meant the grounds were timely served and detention lawful.
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Constitutional law — Detention — Computation of time for furnishing grounds under Article 27(1)(a) — Interpretation and General Provisions Act s.35(a) applies to the Constitution — exclude day of event when counting days
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26 August 1981 |
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Whether the High Court may judicially review a university senate's refusal to award a degree and the scope of "to sue and be sued".
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Civil procedure — Certiorari — Judicial review of university senate decisions; Construction of "to sue and be sued" in s.15(2) of University of Zambia Act; High Court jurisdiction over university disputes; Natural justice/audi alteram partem considerations
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20 August 1981 |
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An 'honour-only' lottery clause barred the applicant's enforceable claim despite the respondent having taken custody of the ticket.
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Lottery rules — rule 12(6) (original ticket to be lodged within designated security area); 'honour-only' contractual clause — no intention to create legal relations; enforceability of exclusion of legal liability; agent/collector custody and proof by till roll; reliance on Jones v Vernon's Pools and Appleson v H. Littlewood
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11 August 1981 |
| July 1981 |
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Prosecution must be allowed to prove alleged prior conviction before sentencing when the accused denies it.
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Criminal law — Sentencing — Alleged prior conviction — Accused's denial — Prosecution must be afforded opportunity to prove prior conviction beyond reasonable doubt — Duty to hear evidence before treating offender as first-time
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21 July 1981 |
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Court reduced an excessive sentence, holding sentencing must be proportionate and not punish the exercise of trial rights.
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Sentence — Proportionality of punishment — Deterrence vs. gravity of offence — Sentencing must not penalise exercise of right to trial — Review and substitution of excessive sentence under s.338(1)(a)(ii) Criminal Procedure Code
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20 July 1981 |
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Failure to slow and be prepared to stop at a zebra crossing, and not anticipating child folly, constitutes dangerous driving.
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Road traffic — Dangerous driving — Disobedience of road traffic signs; Interpretation of Rules of the Road Regs, Cap.766, reg.13 — mutual obligations at uncontrolled zebra crossings; Negligence — Elevated duty of care towards children; Failure to anticipate child’s sudden movement as negligence
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13 July 1981 |
| June 1981 |
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A company under receivership lacks independent locus to sue its receiver; the receiver alone may sue or defend in the company's name.
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Civil procedure — Receivership — Receiver/manager appointed under debenture — Locus standi of company under receivership — Whether company may sue its receiver — Receiver acts for debenture holder; only receiver may sue or defend in company’s name.
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24 June 1981 |
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A company under receivership lacks independent locus standi and cannot sue its receiver; the receiver alone sues or defends.
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Company law — Receivership — Receiver appointed under debenture — Agency of receiver for debenture holder — Locus standi of company under receivership — Company cannot sue its receiver; receiver sues/defends in company's name
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23 June 1981 |
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Forfeiture of a third party's firearm set aside where owner was not given a right to be heard and discretion was improperly exercised.
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Forfeiture of firearms — distinction between mandatory forfeiture under National Parks and Wildlife Act s.145(1) and discretionary forfeiture under Firearms Act s.54(2); third-party ownership — requirement to afford owner right to be heard; judicial exercise of discretion
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14 June 1981 |
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An applicant cannot recover under a contract void for contravening exchange control law; judgment set aside for illegality.
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Contract law — Illegality — Exchange Control Act contravention — ex turpi causa non oritur — agreement void ab initio — recovery of consideration barred — inherent power to set aside default judgment — garnishee order refusal confirmed.
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4 June 1981 |
| January 1981 |
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Detention under Reg. 33(1) upheld where grounds were sufficiently detailed, served within 14 days, and no presidential mala fides proved.
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Constitutional law — Preventive detention under Reg. 33(1) — Article 27(1)(a) ‘grounds in detail’ — vagueness is relative; must enable meaningful representation — 14‑day limit for serving grounds — mala fides burden on detainee to prove presidential bad faith/non‑application of mind — police mala fides insufficient to invalidate Presidential detention — Article 15(3) not applicable to Regulation 33(1) public security detentions
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19 January 1981 |
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Article 15(3) does not apply to Regulation 33 preventive detentions; executive discretion to detain may supersede prosecution.
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Constitutional law — Detention without trial — Preservation of public security — Regulation 33 — Meaning of "detained" in Articles 15 and 27 — Detaining authority's discretion to detain rather than prosecute — Article 15(3) inapplicable to Regulation 33 detentions (Kapwepwe; Sharma).
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14 January 1981 |
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Preventive detention under Regulation 33 is outside Article 15(3); the detaining authority may detain instead of prosecuting.
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Constitutional law — Detention without trial — Preventive detention under Preservation of Public Security Regulations (reg. 33) — Meaning of "detained" in Articles 15 and 27 — Detaining authority's discretion to detain or prosecute — Article 15(3) inapplicable to reg. 33 detentions
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13 January 1981 |