Results.
10 judgments found.
|
|
|
| March 2011 |
|
|
Retrenchment ends union membership despite office tenure; Article 11 governs tenure, not immunity from membership cessation.
-
Trade union law — Membership cessation on termination of employment (Art.4(8)) — Tenure of full-time NEC members (Art.11) not derogatory — Membership premised on employment (Art.2(1)) — Jurisdiction: High Court where employment severed vs Industrial Relations Court
|
31 March 2011 |
|
Employer vicariously liable for wrongful shootings of employees; summary dismissals without hearings were unlawful and damages awarded.
-
Use of firearms — excessive/unjustified force against mixed groups of workers; vicarious liability of employer for acts of mine police and a Chinese employee; employees shot while in course of employment entitled to employer medical care; summary dismissal without disciplinary hearing unlawful; employer's counterclaim against these employees not proved
|
29 March 2011 |
|
An appeal before sentence is premature; conviction for defilement upheld where intercourse, identity, and age were proven.
-
Criminal procedure — Premature appeal — appeal against conviction not competent before sentence (s322 CPC); Sentencing referral — High Court adopts subordinate court’s conviction when referred for sentencing (s217/218 CPC); Defilement — proof of act, identity and age; Age proof — parental testimony and clinic card as best evidence (Phiri (Macheka) v The People)
|
21 March 2011 |
|
Prepayment of the premium is not a condition precedent; insurer who issued cover note and debit note must indemnify then pursue unpaid premium.
-
Insurance law — Cover note as contract — Prepayment of premium not a condition precedent absent express stipulation — Debit note acknowledging indebtedness preserves cover — s.76(1) Insurance Act applies only where contract stipulates due date for premium
|
17 March 2011 |
|
Rape established but causation to pelvic peritonitis and death not proven; accused acquitted of murder and released.
-
Criminal law — Murder — Causation: requirement to prove an unbroken causal link between unlawful act and death; Rape — evidence and res gestae admissibility; Post‑mortem: pelvic peritonitis; Prosecutorial duty to call witnesses; Section 181 CPC — limits on convicting lesser offences
|
17 March 2011 |
|
Plaintiff failed to prove alleged outstanding debt; defendant awarded refund for proven overpayment with interest.
-
Contract/Commercial law — burden of proof in civil claims; non‑production of alleged written contract and omission of key witnesses; evidential lacunae to be resolved against party responsible; counterclaim for overpayment upheld
|
17 March 2011 |
|
Applicant entitled to distrain goods on premises for arrears absent proof the claimant was tenant or had paid rent.
-
Rent law — Distress — Warrant of distress — Seizure of movables on premises — Occupier v named debtor — Evidential burden to prove payment/tenancy — Ratification by landlord
|
8 March 2011 |
|
A landlord's notice substantially complying with the Act and showing genuine intention to occupy is valid.
-
Landlord and Tenant (Business Premises) Act — Termination notice — Prescribed form and substantial conformity — s5(1),(2),(5),(6); s11(1)(g) — Landlord's own occupation — bona fide intention — availability of alternative accommodation irrelevant once statutory ground proved
|
4 March 2011 |
|
Court enforced a credit sale contract, awarding unpaid purchase price after plaintiff proved indebtedness on the balance of probabilities.
-
Contract Law — Sale of Goods — Existence and enforcement of credit sale contracts — Sale of Goods Act ss 1, 27
-
Civil Procedure — Adjournment — Compelling and exceptional circumstances required under Commercial List rules — Failure to file notice justifies refusal
-
Evidence — Burden of Proof — Civil claims proved on balance of probabilities to establish indebtedness
|
3 March 2011 |
|
Application for a new business tenancy dismissed for failure to comply with statutory notice and timing requirements.
-
Landlord and Tenants (Business Premises) Act — notice to terminate (s5) — statutory grounds for termination (s11) — requirement to notify landlord of unwillingness within two months (s10(2)) — time limits for applying for new tenancy — rent increase/refund claim not proved — interim injunction set aside
|
1 March 2011 |