Results.
11 judgments found.
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| 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 |