Results.
10 judgments found.
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| April 2012 |
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Employer-owned broadcast and sound-recording copyrights were infringed; employee breached contract; damages referred for assessment; libel counterclaim dismissed.
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Copyright — sound recordings and broadcasts — employer as first owner of copyright in works made in course of employment — no requirement for PACRA registration — controlled acts include reproduction and broadcasting — breach of employment contract and confidentiality — Anton Piller inspection and deleted electronic evidence — libel counterclaim dismissed
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29 April 2012 |
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An erroneous appointment clause cannot confer super‑scale/service‑chief terminal benefits; vehicle purchase allowed subject to proper procedure.
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Public service appointments — interpretation of terms and conditions — effect of erroneous clause cross‑referencing Super Scale/Service Chiefs — entitlement to terminal benefits; government vehicle disposal/purchase procedures; costs awarded to defendant
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29 April 2012 |
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Daytime eyewitness identification by persons who knew the accused can sustain murder convictions despite name discrepancies and no identification parade.
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Criminal law — Murder — Eyewitness identification in daylight — Identity may be proved despite name discrepancies and without identification parade where witnesses knew accused prior — Prima facie case requirement — Alibi and general denials insufficient to raise reasonable doubt — Alleged witchcraft not established as mitigation
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25 April 2012 |
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Petitioner failed to prove corrupt or illegal practices; election upheld and petition dismissed with costs.
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Election petition — corrupt and illegal practices — bribery v philanthropic donations — hearsay and evidential standard in election disputes — ferrying voters and effect on result — clerical error by electoral officer
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19 April 2012 |
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Administrator’s claim to set aside title dismissed; sale valid under ZCCM rules; first defendant entitled to possession, damages and costs.
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Property law — Sale of parastatal houses — Eligibility under ZCCM Rules — Occupier versus eligible employee — Validity of offer and title; relief: vacant possession, damages, interest and costs
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19 April 2012 |
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Confirmed ZCCM employment, not mere occupation as a sitting tenant, determines entitlement to purchase ZCCM company housing.
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Company houses — Sale under employer scheme — Eligibility requires confirmed employment under 'Rules Governing the Sale of ZCCM Houses' — Sitting tenancy alone insufficient — Valid offer, acceptance and payroll deduction establish purchase — Possession and mesne profits awarded
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19 April 2012 |
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Court refused stay pending executive inquiry, upheld judicial independence and ignored an invalid late discontinuance.
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Judicial independence — High Court jurisdiction and constitutional protection; stay of proceedings — Executive inquiry does not authorise suspension of judicial proceedings; discontinuance — leave required if filed after 14 days of service of defence; recusal/transfer complaints — remedy by appeal
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18 April 2012 |
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Whether alleged misuse of public resources, undue influence, and illegal practices vitiated the parliamentary election.
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Election petition — elevated standard of proof; misuse of government facilities; candidate liability for agents; undue influence and intimidation; private media broadcasts; publication of alleged false statements
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12 April 2012 |
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Interim injunction refused where competing titles and a State re-entry made injunctive relief inappropriate and impermissible.
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Interim injunction — land dispute — competing certificates of title and Commissioner of Lands’ re-entry — State Proceedings Act bars injunctions against the State — balance of convenience — good arguable case required
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2 April 2012 |
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Authentication under the Act is unnecessary between consenting parties; choice of law alone does not oust Zambian jurisdiction.
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Conflict of laws — Authentication of foreign documents — The Authentication of Documents Act; Authentication unnecessary between parties who do not dispute execution
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Forum non conveniens — Choice of governing law not determinative; Spiliada test applied; closest connection to forum (performance, domicile) favors Zambia
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2 April 2012 |