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Citation
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Judgment date
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| December 2002 |
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A Subordinate Court may discharge but not acquit at a preliminary inquiry; the magistrate's acquittal was a nullity.
Criminal procedure – Preliminary inquiry – Subordinate Court may discharge but not acquit – Withdrawal under s.88(b) inapplicable at inquiry – Review powers s.337, s.338(1) – Discharge under s.230
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16 December 2002 |
| October 2002 |
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Localized relief distribution claimed by the respondent influenced one area but did not void the respondent's constituency election.
Electoral law – alleged corrupt and illegal practices (vote‑buying) – distribution of government relief claimed by candidate – handling and sealing of ballot boxes – court‑ordered scrutiny/recount – materiality of alleged misconduct to overall election result.
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25 October 2002 |
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Deliberate publication of a known false withdrawal/dissolution statement is an illegal practice that voids the election.
Electoral law – Illegal practice – Publication of false statement of party dissolution or candidate withdrawal – Regulation 56(1) Electoral (General) Regulations – Misuse of government vehicles – Bribery allegations not proved – Election nullified.
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21 October 2002 |
| August 2002 |
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Misallocation of polling districts caused statutory non‑compliance, voiding the election and ordering a fresh poll.
Electoral law — Non-compliance with voter/constituency registration (s6) — Breach under s18(2)(b) — Effect on result — Late opening and alleged secret briefings not proven — Election annulled — Fresh poll ordered — Costs against Electoral Commission.
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2 August 2002 |
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A petition succeeds where returning officer misdirection and erroneous polling‑district allocations rendered the election not free and fair.
Electoral law – parliamentary election – validity – free and fair election – Returning Officer misdirection – inaccurate/contradictory gazetted maps and polling‑district allocations – Section 18(4) Electoral Act – limitation of statutory protection where a candidate is specifically disadvantaged – amendment of gazetted documents.
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1 August 2002 |
| June 2002 |
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A pending notice of appeal bars review proceedings; special leave to apply for review out of time was dismissed with costs.
Civil procedure – Review – Application for special leave to apply for review out of time – Effect of notice of appeal – Order 39 High Court Rules prohibits review where an appeal has been lodged.
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14 June 2002 |
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Administrative irregularities by the Electoral Commission found but not substantial enough to overturn the election; petition dismissed.
Electoral law – election petition; Regulation 56 (false publication) – not established; Personation requires mens rea – not proved; Undue influence (Regulation 54) requires serious threat to influence voters – not proved; Non-compliance with electoral regulations may be attributable to Electoral Commission but must be shown to affect result; Substantial compliance test; Petition dismissed, elected candidate confirmed.
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7 June 2002 |
| May 2002 |
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Whether claimed retrenchment items are allowances or fringe benefits and whether redundancy coefficient is 3 or 4.
Employment law – retrenchment and separation package – characterization of payments as allowances versus fringe benefits – applicability of ZIMCO directive – redundancy coefficient (3 v. 4) – grossing up for tax – repatriation allowance – interest – costs.
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31 May 2002 |
| April 2002 |
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Interlocutory injunction denied where plaintiff lacked clear contractual right to Flat No. 19 and damages were adequate.
Interlocutory injunction — requirement of a clear right and irreparable injury — balance of convenience dependent on irreparable harm — specific performance versus damages — possession not decisive — contract formation and provisional offers.
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30 April 2002 |
| January 2002 |
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Returning Officer must declare and swear in Presidential winner once presidential results are communicated; Constitution overrides conflicting rules.
Constitutional supremacy – effect on subordinate laws; Elections – Returning Officer’s duty to declare presidential winner upon receipt of result; Recount/verification under Regulations 44 and 46
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1 January 2002 |