Results.
10 judgments found.
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| November 1983 |
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Where a party obtains judgment and execution while an earlier suit on the same facts is pending, this may be an abuse of process warranting setting aside and costs against that party.
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Civil procedure — Abuse of process; Default judgment — Setting aside where triable issues disclosed; Execution levied in face of pending action; Costs against party abusing process.
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29 November 1983 |
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Instituting duplicate proceedings while an earlier suit is pending is an abuse of process, justifying setting aside default judgment and adverse costs.
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Civil procedure — abuse of process — instituting duplicate proceedings while an earlier suit pending; default judgment — setting aside where triable issues disclosed; costs for abuse of process; stay pending payment of costs
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28 November 1983 |
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Alleged failure to ask about penicillin allergy or give test dose insufficient to prove medical negligence without direct evidence.
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Tort — Medical negligence — Duty of care owed by doctor to patient — Inquiry about penicillin allergy and test dose are usual precautions but not infallible — No inference of negligence from silent records without direct evidence — Proof on balance of probabilities
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2 November 1983 |
| September 1983 |
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Whether the High Court may issue certiorari to quash an IRC decision despite section 101(3)'s ouster clause.
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Administrative law — Certiorari — When available; Industrial Relations Court — Statutory special court — Inferior to High Court for prerogative writs; Industrial Relations Act s.101(3) — Ouster/finality clause excludes certiorari; Attorney‑General proper party to represent IRC
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26 September 1983 |
| July 1983 |
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Excluding a witness who was present throughout trial was a prejudicial misdirection that rendered the conviction unsafe.
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Evidence — Witness present throughout trial — Admissibility and evidential weight — Judicial discretion as to witnesses’ presence — Exclusion of such evidence a prejudicial misdirection rendering conviction unsafe
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13 July 1983 |
| May 1983 |
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A tenant in arrears and lacking required Presidential consent cannot obtain equitable injunctive relief against landlord's re-entry.
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Land law — Land (Conversion of Titles) Act s.13 — Presidential consent required for subletting; Contract for lease vs legal lease; Equity — clean hands doctrine; Injunction discretionary; Landlord and Tenant (Business Premises) Act applicability to executed leases
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12 May 1983 |
| March 1983 |
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A non‑citizen has no constitutional right to indefinite stay pending civil claims; s.17 discretion lies with the Chief Immigration Officer.
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Administrative law — Immigration — Judicial review of Chief Immigration Officer’s discretion to grant/extend temporary permits — restraint where executive exclusion/removal powers affect non‑nationals; Constitutional law — Article 24(3) — restrictions on freedom of movement of non‑Zambians; Immigration and Deportation Act s.17, s.22, s.23, s.24 — time‑limit substitution and absence of appeal to Minister; Future derogation of rights not actionable.
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12 March 1983 |
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Discretion to extend temporary residence rests with the immigration officer; non‑citizens have no constitutional right to indefinite stay.
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Administrative law — Judicial review of immigration decisions; discretion under s.17 to grant/extend temporary permits; substitution of permit period for earlier notice; Article 24(3) permits lawful restrictions on non‑citizens’ movement; no appeal to Minister against s.17 decisions; courts show restraint in deportation/exclusion matters
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11 March 1983 |
| January 1983 |
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Conviction for theft by public servant rendered the practitioner unfit, warranting striking off the Roll.
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Legal practitioners — Misconduct — Theft by public servant — Application of proviso to s.53 of the Legal Practitioners Act — Criminal conviction as ground for striking off — Test whether offence is personally disgraceful (Re Weare; Cordery)
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26 January 1983 |
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Court upheld power to amend information at no‑case stage, clarified accomplice corroboration, and convicted accused for treason and misprision.
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Criminal law — Amendment of information at no‑case stage; invisible alternative charges; application of English pre‑1911 statutes; treason proof and witness requirements; accomplice corroboration; discretion to exclude Judges' Rules breaches; duress defence to continuous offence
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19 January 1983 |