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Citation
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Judgment date
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| April 2013 |
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Whether the respondent's re-entry without proof of service and registration was valid; court restored the applicants' title.
Property law – Re-entry under s.13 Lands Act – necessity of proof of service of Notice of Intention and registration of Certificate of Re-entry; bona fide purchaser reliance on official computerized land register; cancellation and restoration of Certificates of Title
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25 April 2013 |
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Belief in witchcraft and drunkenness may mitigate mandatory death but do not negate malice aforethought; accused sentenced to life imprisonment.
Criminal law – Murder – Malice aforethought established by knowledge that actions would probably cause grievous harm – Causation/proximate cause – Post mortem findings – Extenuating circumstances: belief in witchcraft and intoxication considered at sentencing to avoid mandatory death – Sentence: life imprisonment with hard labour
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24 April 2013 |
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Illegality of the deceased’s employment barred negligence recovery despite hazardous ladder and procedural failures.
Employment law – fraudulent/dubious employment; Occupiers’/employer’s duty of care – maintenance of escape ladderways; Negligence – mine number duplication and delayed rescue; Res ipsa loquitur inapplicable; Illegality (ex turpi causa) bars recovery; Fatal Accidents and Law Reform Act claims dependent on negligence
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23 April 2013 |
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Accused 1 convicted for vandalising an essential ZESCO cable; co‑accused acquitted due to reasonable doubt.
Criminal law – Vandalism of electrical infrastructure – Identification evidence – Alibi particulars and police duty to investigate – Admissibility of co‑accused statements – Telephone calls insufficient to establish participation
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23 April 2013 |
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A signed note, full payment and prolonged possession satisfied Statute of Frauds; plaintiffs entitled to title and assignment.
Property law – Contract for sale of land – Statute of Frauds: memorandum/note signed by party to be charged sufficient – part payment and long possession corroborating sale – specific performance/assignment ordered; defendant’s counterclaim dismissed
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16 April 2013 |
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A purchaser from an unauthorised administrator cannot acquire valid title; an administrator's sale without court approval is void.
Probate — Joinder/intervention — Purchaser from purported administrator — Sale without court authority under Intestate Succession Act s19(2) void — Unlawful intermeddling under Wills and Administration of Testate Estates Act s65 — Transfer nullity
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12 April 2013 |
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A privileged legal‑advice letter copied deliberately to an agent‑witness lost confidentiality as to that recipient; expunction refused.
Evidence – Legal‑advice privilege – confidentiality required for privilege – intentional copying to agent/witness destroys privilege as to that recipient – distinction from inadvertent disclosure cases
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7 April 2013 |