Results.
12 judgments found.
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| February 2011 |
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Application for injunction refused as issue was res judicata and cannot be relitigated.
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Civil procedure — interlocutory injunction — res judicata and abuse of process — prior High Court ruling discharging injunction precludes relitigation of same relief between same parties
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27 February 2011 |
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High Court may review and confirm an un‑referred subordinate court sentence under s338; medical mitigation requires evidence.
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Criminal Law
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Procedure — Confirmation and review of subordinate court sentences — High Court jurisdiction where record "otherwise comes to its knowledge" (Criminal Procedure Code ss 9(3), 338)
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Sentencing
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Mitigation for ill‑health — Requirement of adequate medical evidence before reducing custodial sentence
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Aggravating circumstances and deterrence in stabbing cases — Assessment of manifest excessiveness
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24 February 2011 |
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Accused found unfit to plead; prosecution evidence justified murder, so detained during President's pleasure.
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Criminal procedure — fitness to plead — sections 160 and 161 Criminal Procedure Code — psychiatric report — procedure where accused is unfit to plead — hearing prosecution evidence — prohibition on conviction/special finding if unfit — detention during President’s pleasure (Mbaye v The People)
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24 February 2011 |
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Where an accused appears juvenile and the court fails to inquire or sit as a Juvenile Court, proceedings are null and retrial is required.
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Juvenile law — duty to inquire into age (s118 Juveniles Act) — definition of juvenile (s2) — Subordinate Court must constitute itself as Juvenile Court (s63) — failure to inquire or so constitute renders proceedings a nullity — retrial before Juvenile Court ordered
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24 February 2011 |
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Excessive but honestly believed defensive force reduces murder to manslaughter.
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Criminal law — self‑defence: retreat not absolute; excessive force honestly believed necessary reduces murder to manslaughter (R v Howe; Jackson v R)
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24 February 2011 |
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Whether a bona fide claim of right applies to sale of land and whether conviction and sentence were proper.
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Criminal law — defence of bona fide claim of right — applies where accused honestly believes he has a right to deal with another's property; not limited to theft or to property capable of being stolen
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Evidence — hearsay admissible only to show a statement was made, not its truth
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Sentencing — appellate interference only if wrong in principle, manifestly excessive, or exceptional circumstances present
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24 February 2011 |
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Oral endorsement contract established; plaintiff entitled to US$2,500; use of images after termination required consent; counterclaim dismissed.
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Contract and endorsement agreements — oral modelling/endorsement contract; termination and post-termination use of images; passing off/false endorsement — goodwill, consent, misrepresentation; damages and injunctive relief; defendant’s counterclaim for promotional investments dismissed
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23 February 2011 |
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Driving through a crowd at speed, in a zig‑zag manner, was grossly negligent and constituted manslaughter.
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Criminal law — Manslaughter under s.199 — unlawful act defined by reckless or grossly negligent driving — duty of care of driver to pedestrians — accidental killing distinguished from gross negligence
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20 February 2011 |
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The State may enter a nolle prosequi to abate criminal proceedings when an accused dies before completion of trial.
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Criminal procedure — death of accused — nolle prosequi under s.81 — s.335 abates appeals only — Tembo v The People considered
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17 February 2011 |
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Whether the respondent should receive the statutory minimum sentence for defilement absent proven aggravating circumstances.
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Criminal Law — Sexual Offences — Defilement: sentencing and minimum statutory term — Penal Code s 138(1)
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16 February 2011 |
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Leave for judicial review refused; statutory s84C challenge required to contest Bank of Zambia’s possession and shareholder termination.
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Administrative Law — Judicial Review — Amenability of administrative acts and decision‑making documents to judicial review
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Banking Law — Banking and Financial Services Act — Possession and termination of shareholders’ interests — Proper remedy under section 84C
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Civil Procedure — Multiplicity of actions — Abuse of process where multiple suits challenge same statutory takeover
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6 February 2011 |
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Whether a subordinate court may grant bail to a person detained but not brought before court.
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Criminal procedure — Bail — Section 123 CPC — Jurisdiction of subordinate courts v High Court to grant bail to detained persons not brought before court — Magistrate’s power to review rulings during session and functus officio
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1 February 2011 |