Results.
42 judgments found.
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| July 2014 |
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31 July 2014 |
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Whether a tenancy created to recover a debt constitutes business premises under the Landlord and Tenant Act.
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Landlord and Tenant (Business Premises) Act — applicability — whether tenancy created to secure debt is an agricultural holding excluded from the Act; Mode of commencement — Originating Notice v writ; Order 14A — dismissal on point of law; Effect of Section 5 notice to terminate.
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31 July 2014 |
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Certificate of title upheld; respondent unlawfully occupied with no lease, warrant of distress wrongly issued, possession awarded.
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Land law — Certificate of Title conclusive (s.33) — Possession and fixtures (quicquid plantatur solo, solo cedit) — Ineffective re-entry by Commissioner of Lands — No lease, no mesne profits — Warrant of distress wrongly issued
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31 July 2014 |
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Leave to appeal granted to remedy a clerical omission; no stay of execution pending the appeal.
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Civil procedure — Leave to appeal — Omission in judgment deemed a clerical slip — Right to appeal as matter of due process — Stay of execution refused.
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31 July 2014 |
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Application for payment into court refused because contractual mediation clause and joinder make mediation appropriate first.
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Civil procedure — payment into court — interlocutory relief — contractual dispute-resolution clause — mediation then arbitration — joinder of third parties — costs in the cause.
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31 July 2014 |
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31 July 2014 |
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Leave for judicial review denied because the applicant had a statutory appeal to the Minister despite respondent exercising public functions.
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Judicial review — leave to apply — gatekeeping function — availability of alternative remedy (statutory appeal to Minister) — public body/public functions — procedural irregularity in commencement (Order 53) — proxy voting dispute at AGM.
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31 July 2014 |
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31 July 2014 |
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Plaintiff's claims for libel, trespass and business loss dismissed for failure to prove claims and defective pleadings.
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Civil procedure — Pleadings — Irregular statement of claim must comply with Order 18; Defamation — requirement of publication to third parties; Evidence — proof required for trespass and loss of business (tenancy, trading records); Default trial — proceedings in defendant's absence under Order 35 Rule 3; Burden of proof — balance of probabilities.
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30 July 2014 |
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Interlocutory injunction granted to prevent blocking access across government land; irreparable harm presumed in land access disputes.
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Civil procedure — interlocutory injunction — access to government land — serious question to be tried — presumption of irreparable harm in land disputes — easement/title not determinative at interlocutory stage — strike-out application dismissed.
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30 July 2014 |
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Interlocutory applications enforcing Part III constitutional rights must be commenced by petition, not by summons; leave to petition granted.
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Constitutional procedure — enforcement of Part III rights (Articles 11–26) must be by petition under Article 28(1) and Rule 2 of Protection Rules; interlocutory summons insufficient; presidential immunity (Article 43) may raise substantive issues but cannot be addressed by bypassing petition procedure; inherent jurisdiction (Order 3 r.2 HCR) cannot be used to override mandatory procedural requirements; leave granted to file petition; costs each party to bear.
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30 July 2014 |
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Court granted decree nisi for irretrievable breakdown; custody and property claims reserved; each party to bear own costs.
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Matrimonial Causes Act — divorce — irretrievable breakdown — unreasonable behaviour — uncontested cross-petition and failure to cross-examine — custody and property reserved — each party to bear own costs.
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30 July 2014 |
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Registered owner entitled to possession; unauthorised occupiers’ structures to be demolished without compensation.
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Land law — Possession — Originating summons under Order 113 Rule 2 — Registered owner’s entitlement to possession — Unauthorised occupation (squatters) — Demolition of structures without compensation — Proceedings in absence of occupiers.
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30 July 2014 |
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Court allowed judgment debtor to pay by installments but limited repayment to six months; execution permitted on default.
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Civil procedure — payment of judgment in installments — exercise of judicial discretion — judgment entered in default — execution on default without further court order.
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24 July 2014 |
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Summary judgment for bank debt and power to foreclose; guarantor’s account‑restriction excuse did not defeat liability.
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Civil procedure — summary judgment (Order 30 r 14); mortgage enforcement; guarantor liability; foreclosure and sale; exclusion of unspecified bank charges; interest at Bank of Zambia lending rate.
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24 July 2014 |
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Whether allegations of fraud in acquisition of title by defendants (possibly with unregistered equitable interests) must be tried and proved on balance of probabilities.
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Civil procedure — Review under Order 39 — Interpretation of Section 34 Lands and Registry Act — Fraud in acquisition of title — Pleading and proof of fraud — Equitable (unregistered) interests — Trial ordered to determine factual disputes — Leave to appeal granted.
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24 July 2014 |
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Default judgment granted where defendant was served, failed to defend or appear; interest and costs awarded.
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Civil procedure — Default judgment — Order 53 Rule 6 High Court Amendment Rules 2012 — Affidavit of service and defendant’s acknowledgment — Failure to file defence — Interest at Bank of Zambia lending rate — Costs follow cause.
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24 July 2014 |
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Application to strike out registration authority refused because factual issues on domicile, share transfer and tax clearance require clarification.
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Civil procedure — Misjoinder — Order 14 Rule 5(2) — Whether pleadings disclose cause of action against registration authority — Company law — Change of domicile/name v. transfer of shares — Tax law — Property Transfer Tax and requirement for tax clearance.
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24 July 2014 |
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Accused convicted of aggravated robbery based on victim identification and recent possession of stolen phone.
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Criminal law — Aggravated robbery — Elements: theft with violence and offensive weapons — Identification based on clothing in poor lighting — Doctrine of recent possession as corroboration of guilt.
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24 July 2014 |
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24 July 2014 |
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Court removed the Attorney-General for misjoinder in a challenge to a NAPSA regulation, finding no disclosed cause of action against the AG.
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Civil procedure — Misjoinder — Order 15 Rule 2 — Joinder of Attorney-General — Challenge to statutory instrument — NAPSA an autonomous body capable of being sued in its own name — Cause of action must be disclosed.
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24 July 2014 |
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Appeal allowed: appellant not liable where no pre‑contract representation, no privity, and no vicarious liability.
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Contract law — representation and estoppel — privity of contract — whether a non‑party can be bound by representations made after contract formation — vicarious liability absent master–servant relationship.
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23 July 2014 |
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Stay of execution refused where appellant's prospects of success on appeal were unreal and insufficient.
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Stay of execution — requirement of sufficient and convincing grounds — court may preview prospects of appeal — appeal must have real prospects, not mere hope — taxation of costs not automatically stayed pending appeal.
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23 July 2014 |
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Division of matrimonial property, company shares valuation, and characterization of assets on divorce.
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Divorce — property settlement — matrimonial home subdivision and exclusive occupation — characterization of assets (Northmead house) — family company shares valuation and buy-out — disposal of assets during marriage — requirement of evidence for findings (foreign property purchase).
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23 July 2014 |
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Letters of administration are conclusive; deceased died intestate and the surviving spouse is not sole beneficiary.
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Intestate succession — validity of alleged verbal/dying will — letters of administration conclusive — delivery up of estate property to court-appointed administrator — spouse’s entitlement under Intestate Succession Act s.5/7(f) — grounds for revocation of letters of administration (s.29)
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23 July 2014 |
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Subdivision was not created; contract did not transfer title; plaintiff not entitled to specific performance; bona fide purchaser holds title.
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Land law — contract of sale does not per se transfer title; subdivision and lawful creation of parcels; specific performance; equitable interest and payment; mortgagee in possession, foreclosure and sale; bona fide purchaser for value without notice; conclusive effect of certificate of title; caveat requirements; demolition by registered proprietor.
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23 July 2014 |
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Court dismissed review and stay applications for lack of new facts, held appeal was the proper remedy, but granted leave to appeal.
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Civil procedure — Review of judgment — Review versus appeal; amendment of pleadings — refusal where matter will not proceed to trial; stay of execution — requirement to show likelihood of success; costs; leave to appeal granted.
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22 July 2014 |
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Court refused the applicant’s review of misjoinder ruling, holding allegations against the respondent require trial; leave to appeal granted.
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Civil procedure — review application — misjoinder — affidavit in opposition — pleadings raising specific factual allegations — matters to be determined at trial on the balance of probabilities — leave to appeal granted.
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22 July 2014 |
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A fresh action on property already adjudicated by a subordinate court is res judicata and must proceed by appeal.
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Res judicata; abuse of process/forum shopping; property dispute; injunction; requirement to appeal from subordinate court decisions.
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21 July 2014 |
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20 July 2014 |
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Accused charged with murder convicted of manslaughter for participating in and aiding cumulative assaults causing death.
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Criminal law — Reduction of murder to manslaughter — Cumulative assaults with a coffin causing death — Identification and credibility of witnesses — Common intention and aiding and abetting — Application of s181 Criminal Procedure Code
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17 July 2014 |
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Whether wrongful dismissal damages should use the 1997 salary or be inflation-adjusted; special leave granted to seek review.
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Civil procedure — wrongful dismissal — damages calculation — whether damages measured at time of breach or adjusted for inflation — interpretation of trial judge's award — remittal for review.
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15 July 2014 |
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Decree Nisi granted for irretrievable breakdown after over five years' separation; maintenance and property issues adjourned.
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Family law — Divorce — Matrimonial Causes Act s9(1)(e) — Irretrievable breakdown established by continuous separation exceeding five years — Decree Nisi issued; maintenance and property settlement adjourned
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15 July 2014 |
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A court dismissed the applicant’s attempt to strike out the respondent’s forgery allegations as premature in interlocutory proceedings.
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Civil procedure — interlocutory applications — striking out scandalous, irrelevant or oppressive material — allegations of forgery premature at interlocutory stage — evidence to be led at trial of main action — costs in the cause.
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15 July 2014 |
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Petition under s9(1)(e) granted: marriage dissolved for five‑year separation; maintenance and property issues adjourned.
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Family law — Matrimonial Causes Act s9(1)(e) — irretrievable breakdown due to continuous five‑year separation — Decree Nisi granted; maintenance and property settlement adjourned — costs each party — leave to appeal granted
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14 July 2014 |
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Interim injunction restrained the respondent from removing the child to protect the applicant's access and the child's best interests.
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Interim injunctions — American Cyanamid test — custody and removal of child from jurisdiction — adequacy of damages — balance of convenience — preservation of status quo — wardship of child.
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9 July 2014 |
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9 July 2014 |
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A plaintiff's attempt to enforce a previously satisfied judgment debt was an abuse of process; the writ was set aside and appeal allowed.
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Civil procedure — Execution of judgment — Writ of fieri facias — Enforcement of out-of-pocket expenses — Whether debt already satisfied — Abuse of process — Setting aside writ — Costs — Leave to appeal.
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9 July 2014 |
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9 July 2014 |
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A prima facie arguable case at the leave stage suffices; failure to exhibit a written decision alone did not warrant discharging ex parte leave.
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Judicial review — leave stage — prima facie/arguable case required; setting aside ex parte leave — grounds include material non‑disclosure, lack of jurisdiction, alternative remedies, undue delay, failure to satisfy preconditions; sufficiency of evidence — written decision vs verbal notification.
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3 July 2014 |
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3 July 2014 |
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Court appointed Deputy Registrar to execute assignment under s.14 after vendor refused to comply with specific performance order.
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High Court Act s.14 — nomination to execute conveyance where judgment debtor refuses to execute — specific performance of sale — appointment of Deputy Registrar to execute assignment — purchaser to advance vendor fees recoverable as debt.
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2 July 2014 |