Results.
10 judgments found.
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| 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 |