Results.
92 judgments found.
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| June 2012 |
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A tentative higher offer does not justify staying a bona fide mortgagee sale near its valuation.
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Mortgagee power of sale — bona fide exercise — valuation and advertising — forced-sale versus market value — opening a foreclosure — stay of sale — equitable right of redemption — necessity of firm offer and prompt application.
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20 June 2012 |
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Receiver lawfully sold mortgaged land; sale not set aside and guarantor liable for outstanding loan balance.
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Receivership and mortgagee powers — power of sale — no obligation to sell machinery before land — duties to obtain reasonable price — guarantor liability for shortfall
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14 June 2012 |
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Statutory tenants protected from eviction pending Rent Act determination, but arrears must be paid or injunction lapses.
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Rent Act — statutory tenants on change of ownership — interim injunctions to restrain eviction under Rent Act — relevance of irreparable injury and balance of convenience in statutory matters — effect of tenants' rent arrears and 'clean hands' on interlocutory relief
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13 June 2012 |
| May 2012 |
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Prosecution failed to prove malice; assault caused death — juveniles convicted of manslaughter, sentencing deferred for welfare report.
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Criminal law — Identification evidence; Causation between assault and death; Malice aforethought (intention) for murder; Manslaughter as lesser alternative; Juvenile offenders — sentencing considerations
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31 May 2012 |
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First accused convicted of house‑breaking/burglary on single‑witness identification; second acquitted for unreliable identification.
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Criminal law — burglary/house‑breaking as a lesser alternative where theft not completed — identification evidence: reliability of a single identifying witness and risks of honest mistake — exclusion of warn and caution statements not served on defence
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31 May 2012 |
| 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 |
| March 2012 |
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The petitioner failed to prove corrupt or illegal practices by the respondent; petition dismissed and election upheld.
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Electoral law — Election petition under s.93 Electoral Act — Allegations of corrupt and illegal practices (bribery, undue influence, misuse of civil servants and state resources, conditional return of voters’ cards, inflammatory statements) — Candidate’s liability for acts of agents or state officials — Standard of proof in election petitions higher than balance of probabilities — Necessity for cogent, direct evidence linking misconduct to candidate and showing effect on the majority of voters
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29 March 2012 |
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Consolidation refused where claims arise from different transactions and plaintiffs lack agreed single legal representation.
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Civil procedure — Consolidation of actions — Order III(5) High Court Act and Order 4 r.9 whitebook — Distinct causes of action versus common parentage — Requirement of single solicitor conduct; partial consolidation limited
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25 March 2012 |
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Petitioner failed to prove corrupt practices or material non-compliance sufficient to void the Lufwanyama parliamentary election.
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Election law — higher standard of proof in election petitions; corrupt/illegal practices (bribery, treating, voter buying) — agency and knowledge; ferrying voters/private transport on polling day; verification of ballot papers, rejected/unstamped ballots; electoral officer administrative errors vs. substantial non-compliance
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25 March 2012 |
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Whether the respondent’s defamatory statements and vote‑buying rendered the election not free and fair, warranting annulment.
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Electoral law — Election nullification — Publication of false statements (s.83) — Vote‑buying/bribery (s.79) — Intimidation by traditional leaders — ECZ logistical failures and postponement of polling — standard of proof in election petitions
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21 March 2012 |
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Failure to prove corrupt practices or substantial electoral impact meant the election was held valid and petition dismissed.
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Electoral law — election petition standard of proof higher than ordinary civil cases; bribery, undue influence and agency — requirement to prove candidate's knowledge/consent; government programmes and timing of donations; substantial effect on result required to void election; electoral commission's conduct — substantial compliance standard
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21 March 2012 |
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Court upholds corruption and abuse-of-office convictions; ACC Act’s explanation-presumption consistent with constitutional rights.
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Criminal law — corruption and abuse of office — Part IV ACC Act and statutory presumption requiring satisfactory explanation — compatibility with constitutional right to silence; sufficiency of circumstantial and documentary evidence; admissibility/authentication of foreign documents and expert opinion evidence; investigative omissions and fairness of trial
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15 March 2012 |
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Bail pending appeal denied where applicant failed to show exceptional circumstances and was a potential flight risk.
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Criminal procedure — bail pending appeal under s.332 — requirement of exceptional circumstances — considerations include likelihood of success on appeal, sentence length, prejudice and flight risk, particularly for foreign nationals
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8 March 2012 |
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Failure to comply with discovery directions waived rights to object; challenged documents were not "without prejudice" and both expungement applications were dismissed.
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Civil procedure — discovery and inspection — failure to comply with directions — waiver of right to object to documents; Evidence — "without prejudice" communications — admissibility requires genuine settlement negotiation and offer; Relevance — interlocutory expungement inappropriate where statement of claim lacks specificity
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6 March 2012 |
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Court refused interim injunction over disputed land title, holding the balance of convenience favoured maintaining the status quo pending trial.
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Interim injunctions — land — registered title v. asserted customary occupation — irreparable harm and adequacy of damages — balance of convenience — preservation of status quo pending trial; alleged improper acquisition of title
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5 March 2012 |
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Court pierced the corporate veil, holding the respondent’s director personally liable and refusing an instalment stay for insufficient disclosure.
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Companies law — Piercing corporate veil under s.383 — Director personally liable where company used to perpetrate fraud; Execution — refusal of stay and instalment plan for lack of disclosure under Order 36 r9 and White Book Order 47 r1; Evidence required to lift veil; Costs and leave to appeal
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1 March 2012 |
| February 2012 |
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Termination was by contractual notice, not redundancy; employer must repatriate but no salary due under s26B.
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'Employment law — redundancy — section 26B — termination deemed redundant only if employer ceases business or reduces requirement for specific work.'
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28 February 2012 |
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Court refused to pierce the corporate veil absent proof of intentional fraudulent carrying on of the company’s business.
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Companies Act s383 — Lifting/piercing corporate veil — Requirement of fraudulent carrying on of company business and knowledge by persons concerned — Mere cessation or change of business address not proof of fraud — Salomon principle reaffirmed
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28 February 2012 |
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Misposting of polling‑station results by electoral officials rendered the election result irregular; recount established the petitioner as duly elected; costs awarded against the electoral commission.
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Electoral law — Local Government Elections Act — Misposting of polling‑station results at totalling centre — Recount as remedy — Declaration of who was duly elected — Liability of electoral commission for irregularity and costs
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19 February 2012 |
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Election petition dismissed: petitioners failed to prove bribery, treating or undue influence to the required electoral standard.
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Election law — nullification — corrupt and illegal practices — bribery, treating, undue influence — government relief distribution versus candidate’s conduct — agent attribution and knowledge/consent — heightened standard of proof in election petitions
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14 February 2012 |
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Application for judicial review dismissed: presidentially constituted Task Force lawfully comprised seconded officers retaining statutory powers.
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Judicial review — Order 53 — Illegality, ultra vires and presidential powers — Ad hoc Task Force constitutionality — Secondment of officers retains statutory powers — Validity of call‑outs and investigations.
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9 February 2012 |
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Purchaser's breach defeats specific performance; vendor validly exercised re-advertisement option and must refund deposit with interest.
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Contract for sale of land — ownership passes on full payment — clause allowing vendor to re-advertise on purchaser default — Statute of Frauds bars unenforced oral variations to written land contracts — acceptance of late reduced payment not necessarily waiver of right to repudiate — specific performance refused for defaulting purchaser — refund with interest ordered
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2 February 2012 |
| January 2012 |
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Court ordered a foreign plaintiff to pay security for costs and stayed further applications until payment.
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Civil procedure — Security for costs — Plaintiff ordinarily resident out of jurisdiction (foreign company) — Court's discretionary power to order security and stay further proceedings pending payment
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30 January 2012 |
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Recent possession, a voluntary caution statement and real evidence supported convictions for murder and aggravated robbery.
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Criminal law — Murder (malice aforethought) — Aggravated robbery — Recent possession doctrine — Admissibility of warn-and-caution statement — Failure to tender fingerprint results — Risk of false implication
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29 January 2012 |
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Although several localized corrupt practices were proved, they did not prevent a majority of voters; the election is upheld.
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Election law — election petition standard of proof (higher than balance of probabilities); corrupt/illegal practices — voter treating, donations as inducement; abuse of public resources; ferrying voters; collection of voters' cards; ballot-paper accounting irregularity; section 93(2)(a) majority threshold for nullification.
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27 January 2012 |
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Contract formed by conduct and estoppel required repayment of withheld fees; counterclaim limited to contractual US$1,000.
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Contract formation by conduct; estoppel; set-off for alleged thefts; vicarious liability of security contractor for employee negligence; contractual limitation of liability
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26 January 2012 |
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Petitioner failed to prove bribery, malicious statements, or electoral commission malpractice; election petition dismissed with costs.
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Electoral law — election petition — allegations of bribery and illegal practices — government donations versus candidate bribery — publication of false statements — heightened standard of proof in election petitions — lack of particularisation and failure to prove EC malpractices
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19 January 2012 |
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Whether a contract formed by conduct bound the defendant and precluded unilateral set-off for alleged thefts.
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Contract formation by conduct; estoppel; formation despite unsigned standard contract; prohibition of unilateral set-off; burden of proof for negligence and unpaid invoices; assessment of disputed deductions; interest and costs
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19 January 2012 |
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Eyewitness identification and a post‑mortem proved murder; honest mistake and false implication were excluded.
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Criminal law — murder — identification evidence and identification parade — evaluation of eyewitness reliability — exclusion of honest mistake and false implication — malice aforethought established by intention to avoid apprehension and risk of grievous bodily harm
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19 January 2012 |
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Prosecution proved beyond reasonable doubt that the accused unlawfully struck and killed the victim; convicted of murder.
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Criminal law — Murder — Elements: causation, unlawful act, malice aforethought — Single eyewitness identification — Post-mortem evidence (skull fracture, subdural hemorrhage) — Burden of proof beyond reasonable doubt
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19 January 2012 |
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Court refused to set aside a trial held in the applicant's absence, prioritising finality and prejudice over counsel's negligence.
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Civil procedure — setting aside judgment obtained in absentia — Order 35 Supreme Court Rules — extension of time under Order 3 — High Court Rules Order 3 Rule 2 — delay and finality of litigation — professional negligence of counsel is not a sufficient ground to reopen trial
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12 January 2012 |
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Mandatory injunction refused where applicant failed to meet the high threshold and substantive disputes made damages an adequate remedy.
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Civil procedure — Mandatory interlocutory injunction — Exceptional remedy requiring unusually strong case and high degree of assurance of success — Risk of injustice test — Adequacy of damages — Claim of lien as justification for detention
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12 January 2012 |
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Conviction for violent rape upheld: reliable identification and corroborative medical and circumstantial evidence supported a 25‑year sentence.
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Criminal law — rape — corroboration and identification — victim’s immediate condition, torn/blood‑stained clothing, medical findings and prompt identification as corroborative evidence — sentencing under amended Penal Code with statutory minimum
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9 January 2012 |