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High Court of Zambia - 1981 August

3 judgments
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3 judgments
August 1981
Mungabangaba v Attorney-General (HN 403 of 1981) [1981] ZMHC 10 (26 August 1981)
Exclusion of the day of detention in computing the 14-day period meant the grounds were timely served and detention lawful.
  • 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
26 August 1981
Mwisiya v Council of the University of Zambia (HP 48 of 1981) [1981] ZMHC 9 (20 August 1981)
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".
  • 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
20 August 1981
Kakoma v State Lotteries Board of Zambia (HP 1256 of 1979) [1981] ZMHC 8 (11 August 1981)
An 'honour-only' lottery clause barred the applicant's enforceable claim despite the respondent having taken custody of the ticket.
  • 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
11 August 1981