Results.
15 judgments found.
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| May 2011 |
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Where a cover note and debit note are issued, an insurer cannot avoid indemnity for non-payment absent an express condition precedent.
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Insurance law — cover note and debit note — payment of premium not a condition precedent absent express term — s.76(1) Insurance Act inapplicable where no due date stipulated — insurer’s remedy is debt recovery, not repudiation — award of damages for breach of contract
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31 May 2011 |
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Equitable mortgages require deposit of title deeds; mere mention in a facility letter does not create a mortgage.
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Land law — equitable mortgage requires surrender of title deeds; mere mention in a facility letter does not create a mortgage; lender not bound by conditional restructuring offer absent approval; penal interest not proved; entitlement to judgment, possession, foreclosure and enforcement of debenture and guarantees
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30 May 2011 |
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Caveat removed where caveator failed to disclose an enforceable interest and did not show cause under s.81; National Parks Act does not bar all grants.
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Lands and Deeds Registry Act s.76–77–81 — caveat requires disclosure of enforceable/beneficial interest; Zambia Wildlife Act s.13(1)(b) — grants in National Parks permitted if consistent with Act; burden on caveator to show cause why caveat should remain; exclusion of legal argument in affidavits (Order 5 Rules 15–16)
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26 May 2011 |
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Convicted appellant allowed foreign medical travel for angiography under strict bail variation conditions to prevent flight.
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Criminal procedure — Bail pending appeal — Variation of bail conditions to permit foreign medical treatment (angiography) — Balancing right to health against flight risk — Imposition of strict safeguards including police escort and passport custody
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16 May 2011 |
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A statutory schedule may operate without an inducing section; unidentifiable consumer overpayments escheat to the State as bona vacantia.
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Customs & excise — Validity of Schedule absent inducing section — Corrective statutory interpretation — Retrospectivity of amendment — Refunds of erroneously collected consumption tax — Bona vacantia of unidentifiable consumer overpayments — Treatment of distributor discounts in taxable value
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15 May 2011 |
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Leave to issue a writ of possession requires a final judgment or possession order; refusal of an injunction is insufficient.
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Civil procedure — Enforcement of judgment — Leave to issue a writ of possession (Order 45 r.3) — Requires final judgment or order for possession — Refusal to confirm interlocutory injunction is not an order for possession
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15 May 2011 |
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Proceedings by a next friend require filing of written consent under Order 80; absence is fatal and leads to dismissal.
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Civil procedure — Capacity and disability — Next friend / guardian ad litem — Order 80 RSC — Requirement to file written consent where no court appointment — Non‑compliance fatal to proceedings
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15 May 2011 |
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An unrepresented litigant may personally conduct examination‑in‑chief, cross‑examination and re‑examination in civil proceedings under Rule 24.
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Civil procedure — Evidence — Order 5 Rule 24 High Court Rules — viva voce examination — whether unrepresented litigant may examine witnesses; Constitutional law — Article 18(2)(e) limited to criminal proceedings; Self‑representation — right of legal practitioner to appear in person; Fair hearing — due process supports examination rights in civil trials
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11 May 2011 |
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Deposit of title deeds created an equitable mortgage; foreclosure (not sale) was ordered as the appropriate remedy.
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Equitable mortgage by deposit of title deeds; equitable mortgagee’s remedies (foreclosure and receiver) versus power of sale; burden on alleged fraudster to prove lack of consent; enforcement of equitable mortgages
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11 May 2011 |
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The defendant was held liable for a false written representation that induced the plaintiff to delay suit and extend credit, causing loss.
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Misrepresentation (deceit) — written representation by defendant; falsity and lack of reasonable belief; inducement and alteration of position; causal link to quantifiable loss; damages awarded
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8 May 2011 |
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The applicant entitled to damages for repudiated forward contracts; regulations valid; close‑out clause permitted debiting the respondent's account.
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Banking law — forward exchange contracts (derivatives) — validity of SI No.57 of 1996 — formation and consideration of forward contracts — ISDA Master Agreement not essential to formation — contracts not wagering — frustration inapplicable — close‑out/netting clause valid; lawful debit of client account
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8 May 2011 |
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A practising lawyer must sue in his firm’s name; misdescription of a defendant is amendable, but lack of capacity defeats the action.
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Legal practitioners — capacity to sue — fees recoverable in firm name where practitioner practises through a firm; Pleadings — misdescription of defendant — amendment preferable to striking out; Pleadings — Order 18 r.19 — requirement of clear cause of action
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8 May 2011 |
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A landlord's notice stating premises are "earmarked" for its branch suffices as the statutory ground of intended occupation under s11(1)(g).
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Landlord and Tenant (Business Premises) Act — termination notice — prescribed form compliance — sections 5(1), 5(2), 5(5), 5(6) — section 11(1)(g): landlord's intention to occupy for business — validity of notice
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4 May 2011 |
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Whether unforeseen power and standby generator failure causing poultry deaths constituted an 'accident' insured under the policy.
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Insurance law — definition of 'accident' — proximate cause — interpretation of ambiguous policy terms — contra proferentem — coverage of loss from power/generator failure
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3 May 2011 |
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Court dismissed challenge to arbitral award, finding no fraud or misrepresentation induced the award under Section 17(2)(b)(iii).
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Arbitration — setting aside arbitral award — Section 17(2)(b)(iii) Arbitration Act — fraud, corruption, misrepresentation — estoppel — limited scope of judicial review of arbitral awards
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2 May 2011 |