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Citation
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Judgment date
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| April 2014 |
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Whether early medical retirement entitles the applicant to normal-retirement benefits under the pension trust and collective agreement.
Pensions – Trust Deed interpretation – Rule 6(a) medical retirement requires actuarial reduction; Rule 5(d) and collective-agreement benefits limited to normal retirement at 55; no additional benefits without proof of extra contributions; respondent entitled to recover overpayment.
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24 April 2014 |
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Parental testimony corroborated by school records can prove a prosecutrix’s age; MRI is not indispensable to conviction.
Criminal law – Defilement – Proof of age – Parental viva voce evidence supported by school enrolment sufficient; MRI not mandatory; weight of expert evidence for trial court to decide.
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24 April 2014 |
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Applicant granted vacant possession and leave to distrain for unpaid rent under the Rent Act after tenant’s default and unexplained absence.
Rent Act (s13(1)(a), s14) – entitlement to vacant possession and distraint for unpaid rent – proper service and determination in respondent’s absence – assessment of arrears and award of interest per Bank of Zambia rates.
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21 April 2014 |
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Directors may sue to challenge a debenture’s validity; court confirmed interim injunction pending trial to prevent irreparable harm.
Company under receivership — locus standi exceptions to challenge validity of security; Debenture — consideration and enforceability; Interlocutory injunction — American Cyanamid test; Receivership — restraint pending trial.
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2 April 2014 |
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An unlicensed driver’s crossing of a road divider constituted negligence and rendered the employer vicariously liable; insurer excluded.
Road Traffic Act ss.173–174; negligence — loss of control and crossing dividing pavement; vicarious liability of employer/operator; unlicensed driver — insurer’s exclusion under policy; proof of special damages; damages for replacement value and loss of use; costs and interest.
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1 April 2014 |