Results.
10 judgments found.
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| December 1991 |
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Compulsory acquisition made in bad faith to benefit a private company is void; applicant entitled to declaratory relief and damages.
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Compulsory acquisition — Land Acquisition Act — requirement of bona fide public/national purpose — bad faith (mala fides) — abuse of eminent domain to benefit private party — effects of executive conduct on judicial orders; declaratory relief and damages
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15 December 1991 |
| October 1991 |
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An applicant who revoked a prior full grant cannot obtain a sole grant ad colligenda bona where life or minority interests exist and s.35 formalities were unmet.
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Succession — grant ad colligenda bona — protective administration; cannot be granted to sole individual where life or minority interests exist; applicant who procured revocation of full grant barred from subsequent sole ad colligenda bona; estate duty affidavit and Commissioners' certificate required under s.35 Estate Duty Act
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7 October 1991 |
| August 1991 |
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Petitioner failed to prove respondent's conduct made cohabitation unreasonable; divorce petition dismissed.
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Divorce — behaviour petition — objective test (Livingstone‑Stallard/Katz) — time of assessment at hearing — excessive drinking and subsequent reformation — cohabitation/lapse undermining petition — petitioner’s extramarital conduct relevant
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1 August 1991 |
| July 1991 |
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Time becomes of the essence only upon the contract condition (State's Consent) and production of the notice; rescission not established.
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Contract of sale — time of the essence — notice fixing time — requirement to produce notice in evidence — completion tied to State’s Consent to assign — rescission not proved
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18 July 1991 |
| June 1991 |
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Deportation warrant quashed where applicant proved Zambian citizenship by descent and was denied required procedural safeguards.
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Immigration — Citizenship by descent — Historical nationality law and Independence Order — Minister’s deprivation procedure — Natural justice — Deportation warrant quashed by certiorari and prohibition
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26 June 1991 |
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Administrative passport practices requiring fathers’ consent and fresh affidavits unlawfully discriminated against a single mother; children must be endorsed without fresh affidavits.
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Constitutional law — Equality and non‑discrimination — Administrative practice requiring fathers’ consent for children’s passport endorsements — Single‑parent families — Right to freedom of movement — Passport as incident of citizenship
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23 June 1991 |
| April 1991 |
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Appellate court upheld forgery conviction but acquitted on uttering/false‑pretences after State declined to support those counts.
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Criminal law — Appeal — State declines to support conviction — appellate acquittal unless conviction is compelling; Forgery — unauthorised alteration of official document; Uttering/false pretences — employer's conduct may defeat prosecution where employer processed cheque despite irregularity
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1 April 1991 |
| February 1991 |
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A presidential directive excluding an opposition from government newspapers violated freedom of expression and was quashed as discriminatory.
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Constitutional law — Freedom of expression (art.22) — Political discrimination by public authority (art.25) — President's directive excluding opposition from government-owned newspapers — Locus standi to challenge directive — Public ownership of media — Directive quashed
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17 February 1991 |
| January 1991 |
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A DPP may reopen a closed file despite a prior public statement unless reopening would prejudice the accused.
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Criminal law — murder — abuse of process — reopening prosecution after DPP's public statement — prejudice to accused and public interest — inquest-generated fresh evidence
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23 January 1991 |
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A police officer in the respondent's service negligently killed the applicant's son; only life‑expectancy damages awarded.
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Tort — Negligence by police officer — Duty of care (Anns two-stage test) — Unjustified lethal force — Negligence established — Exemplary damages barred by statute — Loss of society non‑pecuniary — Conventional award for loss of expectation of life
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16 January 1991 |