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High Court of Zambia - 1981 November

4 judgments
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4 judgments
November 1981
Walulya v Attorney- General and Another (HP 1531 of 1981) [1981] ZMHC 16 (24 November 1981)
Interim injunction to prevent deportation denied because s.16 bars injunctions that would give relief against the State.
  • 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
24 November 1981
GODFREY MIYANDA v THE ATTORNEY-GENERAL (1981/HP/1062) [1981] ZMHC 21 (17 November 1981)
Once lawfully brought into Zambia and served with a detention order, the detaining authority may detain under Public Security Regulations.
  • 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.
17 November 1981
Miyanda v Attorney-General (HP 1062 of 1981) [1981] ZMHC 15 (16 November 1981)
Court upheld detention under Public Security Regulations after lawful handover from foreign custody; grounds and procedures deemed sufficient.
  • 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
16 November 1981
Monarch (Z) Ltd (HK 399 of 1979) [1981] ZMHC 14 (12 November 1981)
An employer who reports suspected theft is not liable for false imprisonment absent mala fides or direct causation of detention.
  • 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
12 November 1981