Results.
114 judgments found.
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| December 2011 |
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A previous conviction must pre-date the offence to attract the mandatory ten-year sentence for second trafficking offences.
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Criminal procedure — proof of previous convictions — fingerprints and Criminal Record Office certificates; prosecutor duty to obtain/produce records; sentencing — previous conviction must pre-date the offence; Narcotic Drugs and Psychotropic Substances Act s.44 mandatory ten-year minimum for second/subsequent trafficking offences
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29 December 2011 |
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Appellate court held Local Court appeals are reheard de novo and upheld a bona fide purchaser's title to plot 12/27.
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Appeals from
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Local Courts — rehearing de novo; Res judicata (cause of action estoppel) and waiver; Equity — priority (qui prior est tempore); Bona fide purchaser for value without notice — requisites and effect; Appellate review of factual findings
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28 December 2011 |
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Failure to constitute a Subordinate Court as a Juvenile Court renders proceedings void and any reformatory order quashed.
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Juveniles Act — constitution of Juvenile Court — mandatory compliance with ss.63 & 65 — failure fatal — proceedings a nullity — reformatory order quashed — retrial ordered; Criminal Procedure Code s.338 revisionary powers
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28 December 2011 |
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Appellate court upheld three-year sentence for theft by agent; value of stolen property not determinative; deterrence relevant.
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Criminal law — Sentencing — Theft by agent — Value of property not determinative — Trial court discretion — Appellate interference only if wrong in principle or manifestly excessive — Prevalence and deterrence as sentencing considerations — Medical evidence required for health mitigation
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28 December 2011 |
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Persistent unjustified non-attendance constitutes abuse of process, permitting dismissal despite lack of shown prejudice.
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Civil procedure — Review (Order 39) — Special leave where review exceeds 14 days — Dismissal for want of prosecution — Persistent non-attendance by counsel — Abuse of process even without demonstrable prejudice
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18 December 2011 |
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An agent must be authorised and be the causa causans of a sale to earn commission; unauthorised co‑agent cannot sue.
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Contract — Commission — Agent must be authorised by principal and be the causa causans of the sale to earn commission; unauthorised co‑agent lacks locus standi; assessment of commission when purchase price disputed
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8 December 2011 |
| November 2011 |
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Contempt may coerce non‑monetary State compliance, but not where the cited officer had not assumed office; counsel breached representation rules.
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Contempt of court — enforcement of non‑monetary orders against the State — limitations of State Proceedings Act s.21 for money judgments — liability of public officers — professional conduct: prohibition on communicating with persons known to be represented (Legal Practitioners Rules 37(3), 38)
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28 November 2011 |
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Agreement procured by threats was voidable for duress; the applicant must refund US$30,000 to the respondent.
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Contract law — Duress — Elements required to set aside a contract (reasonable fear, threat of considerable and imminent evil, contra bono mores, damage); Past consideration — unenforceable; Common-law marriage — presumption requires celebration; Blackmail/voidable contract — restitution/refund ordered
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17 November 2011 |
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Court set aside a consent judgment obtained without a party's consent, reinstating the plaintiff's claims and injunction.
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Civil procedure — Consent judgment — Validity and setting aside — Consent judgments must comply with Order 42 Rule 5A (drawn in agreed terms and indorsed by solicitors for each party); consent judgment obtained without a party’s agreement may be set aside; Order 35 (non-attendance) inapplicable where parties were not absent; notice of discontinuance can be set aside and claims reinstated; interlocutory injunction reinstated
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15 November 2011 |
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Court allowed transfer of trial to Lusaka, holding convenience and costs outweigh a party’s preference of forum.
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Civil procedure — Variation of place of trial — Court’s discretion under Order 31 read with Order 3 Rule 2 — Factors: convenience of parties and witnesses, locality of subject-matter, and costs — Party’s forum choice not determinative
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15 November 2011 |
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Court ordered petitioner to pay security for costs, set pleading deadlines and fixed hearing dates in election petition.
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Election petition — Directions — Security for costs — Pleadings timetable — Fixed hearing schedule — Liberty to apply — Costs in the cause — Electoral Act ss.81,82,94,95; SI 426 of 1968
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13 November 2011 |
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The respondent mining company held civilly and statutorily liable for toxic effluent, with large general and punitive damages awarded.
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Tort — negligence and escape of hazardous substances; environmental statutory liability (Environmental Protection and Pollution Control Act; Mines and Minerals Development Regulations); causation and injury from polluted water; punitive damages to deter corporate environmental recklessness
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9 November 2011 |
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Whether the applicant was the causa causans entitled to a 5% commission and the correct sale price for its calculation.
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Agency — Real estate commission — Causa causans requirement for commission — Proof of agency authority and agreement on commission rate — Assessment of credibility and determination of sale price for quantum
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8 November 2011 |
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Sitting-tenant purchase rights cease when employment link to the parastatal is severed by an MBO and new employer.
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Parastatal housing — housing empowerment policy — "sitting tenant" entitlement — effect of Management Buy Out and change of employer on right to purchase — eviction and damages for wrongful occupation
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6 November 2011 |
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The JCA is an investigatory body, not an adjudicative court, so Articles 18(9)–(10) do not apply; petition dismissed.
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Constitutional law — Article 18(9),(10) — scope limited to courts/adjudicating authorities determining civil rights or obligations; Judicial Complaints Authority — investigatory body not adjudicative; Public law petition — citing non‑corporate public entity permissible; High Court cannot override statutory complaint procedure (Sections 24–27)
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3 November 2011 |
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Domestic inland leg was a separate taxable supply; respondents failed to prove entitlement to VAT zero‑rating.
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Taxation — Value Added Tax — zero‑rating of exports — interpretation of Second Schedule Group 2 (paragraphs (b) and (c)) — ancillary services at port of export — transit/transshipment — single vs composite supply — proof of export under Rule 18 — burden of proof
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3 November 2011 |
| October 2011 |
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Employer falsely instigated employee's arrest; police lacked reasonable grounds — plaintiff awarded substantial damages; special claims dismissed.
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Tort — False imprisonment — Employer allegedly instigating police action — Reasonable and probable cause — Vicarious liability of the State for police conduct — Malafide report and damages assessment
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27 October 2011 |
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Late-paid transferee benefits were settled without proven loss; voluntary resignation precluded entitlement to respondent's terminal benefits.
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Employment law — transfer of employment and accrued benefits — payment of transferred ZCCM benefits; resignation versus constructive dismissal; entitlement to redundancy/terminal benefits on voluntary resignation; cheque presentation and stale cheque consequences
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25 October 2011 |
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Interim preservation ordered to protect a motor vehicle that is the subject matter of a sale dispute pending trial.
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Interim preservation of property — Order 27 Rule 1 High Court Rules and Order 29 White Book — Whether motor vehicle is "property in dispute" — Danger of wasting or diminishing in value — Standard Bank v. Brocks distinguished
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20 October 2011 |
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No total failure of consideration where directors could lawfully grant an easement despite absence of a certificate of title; claim dismissed.
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Contract law — failure of consideration — restitution (money had and received); Property law — capacity and possession to grant easement; Company directors acting for corporate landowner; Proof of repossession by Commissioner of Lands — requirement of formal offer/approval and title documentation
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17 October 2011 |
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Buyer not liable for grower’s tobacco levy; acknowledgment of debt void for economic duress; plaintiff’s claim dismissed.
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Tobacco law and statutory levies — levy payable by growers to Ministry; invalid delegation absent statutory compliance; economic duress vitiating acknowledgment of debt; locus standi to collect levy
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17 October 2011 |
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Post-judgment interest is payable even if not claimed; litigant in person may recover reasonable costs.
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Judgments Act — Interest on judgment debts payable at current bank lending rate irrespective of claim; Costs — litigant in person entitled to reasonable out-of-pocket costs (not counsel’s profit costs); Appellate review of subordinate court’s exercise of discretion on costs
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12 October 2011 |
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Section 238 obliges a transferee holding over 75% to buy out a minority shareholder at the offeror's price.
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Companies Act s.238 — minority shareholder right to require transferee (holding >75%) to acquire shares; Securities (Takeovers & Mergers) Rules s.56 — 35% mandatory offer threshold; no conflict between provisions; price fixed at last traded market price; judicial notice of public announcement
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10 October 2011 |
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Employer liable for unsafe system of work and inadequate insulation; plaintiff 5% contributorily negligent, awarded reduced general damages.
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Employer negligence — duty to provide a safe system of work and adequate PPE — failure to isolate live panels — contributory negligence apportioned 5% to worker — no exemplary damages where deliberate disregard not proven
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10 October 2011 |
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Second marriage held void; applicant not widow but awarded 50% of farm for substantial contributions.
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Bigamy/void marriage — effect of subsisting earlier marriage; constructive trust/equitable share for long-term cohabitant who substantially develops property; intestate succession Act non-applicable to foreign domiciliary; validity of administrator and remedies by sale and accounting
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8 October 2011 |
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Concealment of a spouse’s HIV status can ground damages for nervous shock if it caused actual exposure; defamation claim succeeded.
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Tort — Defamation; concealment of HIV status — Exposure as basis for psychiatric harm; nervous shock and mental anguish recoverable where defendant’s conduct causes actual, direct, imminent, life‑threatening exposure; limits on period of recovery; requirement of medical proof for psychiatric disorder; defences of justification and fair comment considered
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4 October 2011 |
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Respondent unlawfully reduced the applicant’s initial electricity tariff without following required procedures and contrary to legitimate expectation.
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Administrative law — illegality, procedural impropriety and unreasonableness; legitimate expectation and estoppel in licensing; energy regulation — tariff approval and enforcement notices; remedies — certiorari, costs, damages refused for lack of particularisation
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3 October 2011 |
| September 2011 |
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A sale of land made without required Presidential consent is void, enabling a later valid purchaser's claim to possession.
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Property law — sale and assignment of land — mandatory Presidential consent under s.5(1) Lands Act — effect of failure to obtain consent (contract unenforceable/void ab initio) — innocent purchaser for value without notice — remedy: delivery of vacant possession
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28 September 2011 |
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Specific performance refused where State re-entry and subsequent title allocation rendered land unavailable; caveat does not bar re-entry.
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Specific performance — unavailable where State re-entry and subsequent valid allocation make land unavailable; Caveat (s.79) protects against Registrar acts but does not bar Commissioner of Lands re-entry (s.13); Consent settlement/res judicata and locus standi; Certificate of title prima facie evidence of ownership absent fraud
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26 September 2011 |
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The respondent unlawfully discriminated by failing to provide accessible polling and secret-ballot facilities for persons with disabilities.
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Constitutional and electoral law — disability discrimination — right to vote — secrecy and dignity of ballot — accessibility of polling stations — tactile ballot guides — special vote procedures — powers to relocate polling stations — remedies and separation of electoral autonomy
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18 September 2011 |
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Appellants’ res judicata objection waived; records show two distinct plots and the purchaser (2nd defendant) is a bona fide purchaser entitled to possession.
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Property law — competing title to adjoining/numbered plots — distinction between plots 27/12 and 27/13 — res judicata and waiver — appeals from Local Courts heard de novo — bona fide purchaser for value without notice
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8 September 2011 |
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A valid variation of an agency commission prevented the plaintiff from reverting to the original commission after the defendant’s default.
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Contract variation — Validity and enforceability of a variation — Effect of variation: original terms not revivable by one party after valid variation — Default under variation — Entitlement to balance of varied commission and interest — Costs: each party to bear own costs
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6 September 2011 |
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The High Court may tax arbitration costs when the arbitral tribunal has not fixed or been asked to fix them.
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Arbitration — taxation of costs — High Court as Taxing Master where arbitral tribunal has not been requested to fix costs — Arbitration Act s.16(5) and s.17 — Perkins v Best-Shaw; Order 62 r.19 (White Book)
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5 September 2011 |
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Stay of an interim injunction was refused; defendants failed to show likely success on appeal or irreparable harm.
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Civil procedure — Stay of execution of interim injunction pending appeal — Application of Hilton v Braunskill factors — Interlocutory assessment of defamation defences (justification, fair comment, Reynolds public‑interest defence) — Freedom of expression vs protection of reputation — Responsible journalism
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1 September 2011 |
| August 2011 |
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A forfeiture-on-default arrangement amounted to a sale, not an equitable mortgage, so the mortgage action was misconceived.
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Real property — Equitable mortgage v forfeiture/sale — Deposit of title deeds providing forfeiture on default amounts to sale not mortgage; Mortgage remedies (foreclosure/redemption) inapplicable; Originating summons improperly used for non-mortgage dispute; Allegation of duress requires proof; Registered assignment enforceable on its face
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30 August 2011 |
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Court corrected an accidental omission to include the correctly described mortgaged property and allowed post-judgment amendment of pleadings.
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Civil procedure — review for accidental slip or omission — Order 39 High Court Act; Amendment of pleadings after judgment — Order 20 r.8(9) (White Book) — Misdescription of mortgaged property — Joinder of parties must be before judgment
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28 August 2011 |
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Prosecution failed to prove identity or link evidence sufficiently; court found no case to answer and acquitted the accused.
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Criminal law — vandalism and theft — identity of perpetrator — adequacy of prosecution evidence; confessions — circumstances of making and admissibility; evidence of leading police to scene; connection of scrap-sale evidence to alleged theft; no case to answer (Mwewa Munoro)
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28 August 2011 |
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Accused convicted of aggravated robbery where prosecution proved armed joint attack, use/threat of violence and common intention.
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Criminal law — Aggravated robbery — elements: armed attack, use or threat of violence and theft — identification and mistaken identity — joint liability/common intention (s21) — non-recovery of stolen property irrelevant where participation proved
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25 August 2011 |
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Accused convicted of murder; post-mortem and dying declarations corroborated child witness; no dereliction in forensic or medical evidence procedures.
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Criminal law — Murder: elements — causation, unlawful act, malice aforethought; Evidence — medical report under s191A, need to call pathologist; Forensics — fingerprint uplift and dereliction of duty; Evidence of child witnesses — corroboration; Res gestae and dying declarations as corroborative evidence; Provocation and reduction to manslaughter
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24 August 2011 |
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An appeals board need not apply strict court evidence rules; dismissal upheld for bribery and abuse of office.
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Administrative law — Local Government Appeals Board; standard of evidence in administrative tribunals; natural justice and bias; predetermination; disciplinary dismissal for bribery/abuse of office; illegal land allocation
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23 August 2011 |
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Interim injunction granted where defendants’ defences of justification and fair comment lacked realistic prospects.
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Defamation — Interim injunction — rule against prior restraint — American Cynamid principles; Bonnard v Perryman — defences of justification and fair comment require sufficient particulars and factual basis; injunction refused only where those defences have realistic prospects of success
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22 August 2011 |
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The plaintiff’s fatal‑accident claim was held statute‑barred because the original writ was not validly served or timely renewed.
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Limitation of actions — Fatal Accidents Act — three‑year limitation; validity and renewal of writs — service within 12 months; late renewal ineffective; negotiations do not suspend limitation; registry cause‑number errors not curative
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17 August 2011 |
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Neighbour identification and post-mortem evidence established malice aforethought and supported a murder conviction.
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Criminal law — Murder — Identification evidence by neighbours — Malice aforethought inferred from words and conduct — Post-mortem establishing causation — Proof beyond reasonable doubt
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17 August 2011 |
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Sentences for offences forming a course of conduct should run concurrently; similarity can suffice even if offences are temporally separated.
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Sentencing — concurrent vs consecutive terms — course of conduct principle — temporal proximity and similarity of offences — obtaining money by false pretences (Penal Code s.309(a)) — prior convictions considered but not a substitute for correct sentencing principle
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17 August 2011 |
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High Court may hear pre‑nomination presidential eligibility claims, but action dismissed for denying affected aspirant a hearing.
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Constitutional and electoral law — Pre-nomination challenges to presidential eligibility — High Court jurisdiction vs
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Supreme Court exclusive post‑election jurisdiction — Capacity of Electoral Commission to be sued — Presidential immunity not extending to personal qualification — Audi alteram partem requirement
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8 August 2011 |
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Transferee failed to offer statutory share-allotment option and disclose purchase price; court varied compulsory acquisition terms.
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Company law — compulsory acquisition under s.237 — statutory option for allotment of transferee shares or cash at holders’ option — interpretation of s.237(1)(b); Takeovers law — Clause 58(1) valuation requirement; duty to disclose consideration; court power to vary compulsory acquisition terms under s.237(4)
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4 August 2011 |
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Court granted a limited interlocutory injunction restraining publications alleging the applicant’s involvement with or advocacy of homosexuality.
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Defamation — interlocutory injunction; Bonnard v Perryman principle; justification and fair comment defences; malice; Reynolds responsible journalism; freedom of expression vs protection of reputation; election-context irreparable harm
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4 August 2011 |
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A purchaser with constructive notice of an occupying spouse’s equitable interest takes subject to that interest.
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Land law — matrimonial/equitable interests in family home — purchaser’s constructive notice of occupying spouse’s interest — authority of spouse to sell — Statute of Frauds (s.4) compliance
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2 August 2011 |
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Court granted interim injunction restraining broadcast and distribution of allegedly defamatory election‑period programmes; defences unlikely to succeed.
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Defamation — Interim injunction — Public figure and political broadcasts — Justification, fair comment and Reynolds qualified privilege — Responsible journalism and verification — Election-period reputational harm — Restraint on broadcast and commercial distribution pending trial
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1 August 2011 |
| July 2011 |
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Interim injunction granted in defamation claim where defendants’ justification and fair-comment defences lacked realistic prospects of success.
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Defamation—interim injunction; Bonnard v Perryman rule against prior restraint where defendants plead justification/fair comment; statutory defences—justification (s.6) and fair comment (s.7) require particularized, reasonably supported facts; interlocutory test—serious question to be tried, adequacy of damages, balance of convenience; injunction granted where defences lack realistic prospect of success
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31 July 2011 |