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Citation
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Judgment date
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| March 2011 |
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Retrenchment terminated union membership despite full‑time officer status; High Court had jurisdiction to decide.
Union law — membership termination — Article 4(8) (cessation of employment) — tenure of office under Article 11(1) — secondment and retrenchment — jurisdiction: High Court v Industrial Relations Court.
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31 March 2011 |
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Employer vicariously liable for wrongful shootings and unlawful dismissals; plaintiffs awarded damages and medical relief.
Use of force – excessive firing into mixed crowd; vicarious employer liability for employees’ and agents’ unlawful shootings; employees in course of employment while awaiting transport; summary dismissals without disciplinary hearing unlawful; employer liable for medical treatment for retained pellets; counterclaim dismissed.
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29 March 2011 |
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An appeal before sentence is premature; defilement elements proved and matter remitted for sentencing.
Criminal procedure — Premature appeal — s322 CPC requires appeal within 14 days of sentence — s218 CPC: High Court adopts subordinate court's conviction on referral — Defilement: proof of intercourse, identity and age; parental and clinic records as best evidence (Phiri/Macheka).
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21 March 2011 |
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Insurer must indemnify when cover was issued and no contractual due date existed, even though the premium remained unpaid.
Insurance law – premium payment – prepayment not a condition precedent – cover note and debit note form contract terms – s76(1) Insurance Act applies only where contract stipulates premium due date – insurer’s remedy is debt recovery, not repudiation.
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17 March 2011 |
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Acquittal of murder where rape proven but causal link to death not established; lesser-offence conviction not permissible.
Criminal law – Murder – causation – requirement of clear chain between unlawful act and death; Rape – admissibility of deceased’s statements as res gestae; Prosecution duties regarding favourable witnesses; Criminal Procedure Code s.181 – conviction for lesser offence and cognateness requirement.
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17 March 2011 |
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17 March 2011 |
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Landlord may distrain goods on premises for rent arrears despite occupier not being the named debtor.
Landlord’s remedy of distress – warrant of distress – seizure of goods on premises irrespective of ownership – evidence required to show non-default or landlord’s ratification – effect of consent judgment on subsequent occupier.
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8 March 2011 |
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A notice substantially in prescribed form alleging landlord's intention to occupy satisfies section 11(1)(g) and is valid.
Landlord and Tenant (Business Premises) Act – notice to terminate – prescribed form or substantial conformity – section 5 compliance; section 11(1)(g) – landlord's intention to occupy; validity of notice despite alleged bad faith or availability of alternative accommodation; Afro Butcheries followed.
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4 March 2011 |
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Plaintiff proved on a balance of probabilities that the defendant owed K39,747,500 under a contract for sale of goods.
Contract of sale of goods – existence and enforcement; Sale of Goods Act (s.1 and s.27) – buyer’s duty to pay; Burden of proof – civil standard (balance of probabilities); Evidentiary weight of invoices, delivery notes and account statements; Refusal of adjournment – compelling and exceptional circumstances; Interest on judgment – specified bank rates.
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3 March 2011 |
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Application for new tenancy dismissed for non‑compliance with statutory notification and timing requirements under the Act.
Landlord and Tenants (Business Premises) Act – Sections 5, 10 and 11 – validity of notice to terminate – statutory requirement to notify landlord within two months of unwillingness to vacate – time limits for application (2–4 months) – proof of persistent late payment – insufficiency of evidence for refund claim – interim injunction set aside.
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1 March 2011 |