Results.
15 judgments found.
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| March 2014 |
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Unopposed summary judgment granted for outstanding overdraft with interest and liberty to foreclose mortgaged property after 30 days.
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[Civil procedure] Order 30 Rule 14 — summary judgment on affidavit evidence; [Security] third-party mortgage enforcement; Overdraft default; Contractual compounded interest; Unopposed application; 30-day moratorium; Liberty to foreclose and sell property; Costs taxed
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26 March 2014 |
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A caveat by an intending purchaser was removed after twenty years' inaction and failure to show cause, enabling estate administration.
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Lands and Deeds Registry Act ss.76,81 — Caveat by intending purchaser — Caveat interim and prevents dealing with title — Administrator entitled to summon caveator — Prolonged inaction and failure to show cause justifies removal — Service by advertisement
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25 March 2014 |
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Applicant awarded K75,400; equitable mortgage enforced with 30‑day moratorium before foreclosure and costs to applicant.
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Loan recovery; equitable third‑party mortgage; substituted service; interest orders; moratorium and foreclosure powers; costs
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24 March 2014 |
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Where an administrator disposed of one house, the remaining house devolves on the children jointly; future rents split equally from a set date.
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Intestate succession — Property forming part of intestate estate — Children’s rights where estate includes more than one house — Section 9(2) Intestate Succession Act — Administrator’s duty and requirement of court authority for sale (section 19(2)) — Beneficiary’s entitlement to joint title — Rent sharing prospective, not retrospective
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23 March 2014 |
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Invoice and purchase order proved the agreed haulage sum; plaintiff awarded outstanding balance, interest and costs.
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Contract evidence — haulage services — invoice and purchase order as proof of agreed price — calculation of outstanding balance after conceded payments and deductions — award of interest and costs
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23 March 2014 |
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Accused acquitted where identification was unreliable, phone-link unproven and police failed to produce phone records.
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Criminal law — Aggravated robbery — Identification evidence — Dock identification versus identification parade — Possession of alleged stolen property — Inferences from possession — Duty of police to investigate and produce phone subscriber records — Burden of proof beyond reasonable doubt
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23 March 2014 |
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Applications for particulars and an account dismissed where judgment on admission was already entered and no claim for an account was pleaded.
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Civil procedure — further and better particulars are a pre-trial remedy; taking of account under Order 43 requires writ indorsed for account or counterclaim; applications after judgment on admission inappropriate
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17 March 2014 |
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Court allowed recovery of principal but refused unsupported contractual compound interest, awarding regulated Bank of Zambia rates and foreclosure rights.
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Mortgage enforcement; admissibility and legality of claimed interest rates; requirement to prove status as moneylender/financial institution; court's equitable jurisdiction to deny usurious or unsupported interest
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16 March 2014 |
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Failure to traverse pleaded allegations and to produce proof of payment led to judgment for the plaintiff for unpaid security-service invoices with interest and costs.
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Contract law — debt for services rendered — invoices as prima facie proof of debt; Civil procedure — sufficiency of Defence — Order L111 Rule 6 (failure to traverse allegations deemed admission); Non-compliance with directions and absence of proof of payment; Interest from commencement and costs awarded to successful plaintiff
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12 March 2014 |
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Plaintiff proved a K35,000,000 repair contract and recovery of that sum; claims for tool replacement and lost business were dismissed.
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Contract law — existence and proof of an oral agreement for repair services; evidentiary effect of defendant's deficient Defence and non-participation; failure to prove special damages (tools replacement and loss of business); interest and costs on judgment
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10 March 2014 |
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Appellate court affirmed conviction and sentence: corroboration and mandatory public-analyst/testimony requirements were not required by law.
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Criminal law — Possession of narcotics — Circumstantial evidence and corroboration — Public analyst testimony under s.192 Criminal Procedure Code — Directory nature of s.26(1) Narcotic Drugs Act — Admissibility of undercover agent evidence (Rule 7(4)) — Appeal court’s restraint on interfering with trial court factual findings
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9 March 2014 |
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Trial court erred by acquitting at no-case stage after improperly assessing credibility; retrial ordered.
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Criminal procedure — No-case-to-answer — Prima facie case under section 206 Criminal Procedure Code — Improper credibility findings and drawing of inferences at no-case stage — Retrial ordered
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9 March 2014 |
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Appellant's presence, direction and conduct established common intention and identity despite no fingerprints; appeal dismissed.
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Criminal law — malicious damage and assault — aiding and abetting (s.21(1)(b)) and common intention (s.22) — identification — failure to uplift fingerprints; presumption rebuttable by overwhelming evidence
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9 March 2014 |
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Whether the vendor lacked capacity to sell; court upheld the plaintiff's title and made the injunction permanent.
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Property law — contract of sale — validity of sale — mental capacity to contract — burden on party alleging incapacity; consideration adequacy — not a ground absent fraud; commercial jurisdiction — non-commercial damages not for commercial list; interlocutory injunction made permanent
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3 March 2014 |
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Delivery notes with a handwritten 180‑day term formed the contract; buyer liable for outstanding price; counterclaim dismissed.
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Contract law — delivery notes as written contract terms — handwritten payment term (180 days) — specific goods; property passes on contract; claim for purchase price; counterclaim for loss of business dismissed for lack of evidence
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2 March 2014 |