Results.
173 judgments found.
|
|
|
| July 2014 |
|
|
Interlocutory applications enforcing Part III constitutional rights must be commenced by petition, not by summons; leave to petition granted.
-
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.
|
30 July 2014 |
|
Court granted decree nisi for irretrievable breakdown; custody and property claims reserved; each party to bear own costs.
-
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.
|
30 July 2014 |
|
Registered owner entitled to possession; unauthorised occupiers’ structures to be demolished without compensation.
-
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.
|
30 July 2014 |
|
Court allowed judgment debtor to pay by installments but limited repayment to six months; execution permitted on default.
-
Civil procedure — payment of judgment in installments — exercise of judicial discretion — judgment entered in default — execution on default without further court order.
|
24 July 2014 |
|
Summary judgment for bank debt and power to foreclose; guarantor’s account‑restriction excuse did not defeat liability.
-
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.
|
24 July 2014 |
|
Whether allegations of fraud in acquisition of title by defendants (possibly with unregistered equitable interests) must be tried and proved on balance of probabilities.
-
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.
|
24 July 2014 |
|
Default judgment granted where defendant was served, failed to defend or appear; interest and costs awarded.
-
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.
|
24 July 2014 |
|
Application to strike out registration authority refused because factual issues on domicile, share transfer and tax clearance require clarification.
-
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.
|
24 July 2014 |
|
Accused convicted of aggravated robbery based on victim identification and recent possession of stolen phone.
-
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.
|
24 July 2014 |
|
|
24 July 2014 |
|
Court removed the Attorney-General for misjoinder in a challenge to a NAPSA regulation, finding no disclosed cause of action against the AG.
-
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.
|
24 July 2014 |
|
Appeal allowed: appellant not liable where no pre‑contract representation, no privity, and no vicarious liability.
-
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.
|
23 July 2014 |
|
Stay of execution refused where appellant's prospects of success on appeal were unreal and insufficient.
-
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.
|
23 July 2014 |
|
Division of matrimonial property, company shares valuation, and characterization of assets on divorce.
-
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).
|
23 July 2014 |
|
Letters of administration are conclusive; deceased died intestate and the surviving spouse is not sole beneficiary.
-
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)
|
23 July 2014 |
|
Subdivision was not created; contract did not transfer title; plaintiff not entitled to specific performance; bona fide purchaser holds title.
-
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.
|
23 July 2014 |
|
Court dismissed review and stay applications for lack of new facts, held appeal was the proper remedy, but granted leave to appeal.
-
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.
|
22 July 2014 |
|
Court refused the applicant’s review of misjoinder ruling, holding allegations against the respondent require trial; leave to appeal granted.
-
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.
|
22 July 2014 |
|
A fresh action on property already adjudicated by a subordinate court is res judicata and must proceed by appeal.
-
Res judicata; abuse of process/forum shopping; property dispute; injunction; requirement to appeal from subordinate court decisions.
|
21 July 2014 |
|
|
20 July 2014 |
|
Accused charged with murder convicted of manslaughter for participating in and aiding cumulative assaults causing death.
-
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
|
17 July 2014 |
|
Whether wrongful dismissal damages should use the 1997 salary or be inflation-adjusted; special leave granted to seek review.
-
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.
|
15 July 2014 |
|
Decree Nisi granted for irretrievable breakdown after over five years' separation; maintenance and property issues adjourned.
-
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
|
15 July 2014 |
|
A court dismissed the applicant’s attempt to strike out the respondent’s forgery allegations as premature in interlocutory proceedings.
-
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.
|
15 July 2014 |
|
Petition under s9(1)(e) granted: marriage dissolved for five‑year separation; maintenance and property issues adjourned.
-
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
|
14 July 2014 |
|
Interim injunction restrained the respondent from removing the child to protect the applicant's access and the child's best interests.
-
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.
|
9 July 2014 |
|
|
9 July 2014 |
|
A plaintiff's attempt to enforce a previously satisfied judgment debt was an abuse of process; the writ was set aside and appeal allowed.
-
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.
|
9 July 2014 |
|
|
9 July 2014 |
|
A prima facie arguable case at the leave stage suffices; failure to exhibit a written decision alone did not warrant discharging ex parte leave.
-
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.
|
3 July 2014 |
|
|
3 July 2014 |
|
Court appointed Deputy Registrar to execute assignment under s.14 after vendor refused to comply with specific performance order.
-
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.
|
2 July 2014 |
| June 2014 |
|
|
|
26 June 2014 |
|
Mandatory and prohibitory injunctions refused where applicant failed to show a high degree of assurance and disconnection was likely justified under regulation.
-
Interlocutory mandatory injunctions — high degree of assurance required; prohibitory injunctions — preservation of status quo; Electricity (Supply) Regulations reg 12(2) — immediate disconnection for safety/efficiency or tampering; adequacy of damages; duty to disclose material facts; clean hands doctrine
|
24 June 2014 |
|
Surviving spouse has life interest and children hold the sole intestate house; non-beneficiary's occupation unlawful, eviction ordered.
-
Intestate Succession Act s.9(1) — sole house vests in surviving spouse (life interest) and children as tenants in common; unlawful occupation by non-beneficiary — surrender of title documents, eviction, nominal damages, costs, leave to appeal.
|
20 June 2014 |
|
A restriction notice expired by operation of law but remained effective against the applicant because the Commission failed to notify registries to discharge it.
-
Anti‑corruption law — restriction notices under s.24(1) and (3) of ACC Act 1996 — expiry by operation of law after twelve months — duty to notify third‑party registries of expiry — continuing effect of registered notices absent notification — misfeasance in public office requires bad faith/malice
|
17 June 2014 |
| May 2014 |
|
|
Applicant lacked sufficient interest and failed to prove illegality or irrationality in the council’s cemetery development.
-
Administrative law — Judicial review — Illegality and Wednesbury irrationality — Local Government Act powers to establish cemeteries — locus standi — Commissioner of Lands’ letter not creating proprietary interest — discretionary reliefs
|
29 May 2014 |
|
A deaf-mute accused was found to have committed murder; court orders detention during the President’s pleasure.
-
Criminal law — capacity to make a defence (deaf-mute defendant) — admissibility of deceased’s contemporaneous statement as res gestae — proof of murder by stab wound — malice aforethought — detention during President’s pleasure under s.161(2)(b) Criminal Procedure Code
|
20 May 2014 |
|
Court granted vesting order after plaintiff proved purchase and authorized Deputy Registrar to execute conveyance if vendor failed.
-
Conveyancing — vesting order — proof on balance of probabilities — effect of defendant's non‑appearance — exercise of s.14 High Court Act empowering Deputy Registrar to execute conveyance
|
14 May 2014 |
|
Court upheld child maintenance, dismissed cross‑appeal, and ordered half of rental proceeds paid to petitioner pending house valuation and eventual sale.
-
Family law — maintenance and property settlement — appellate review of factual findings — valuation of matrimonial home — entitlement to rental proceeds pending compliance with valuation order — interim distribution of rental income — refusal to entertain injunctive relief on cross‑appeal without formal application
|
4 May 2014 |
|
Court awarded 120 days to repay outstanding mortgage debt with contractual interest, failing which lender may foreclose and sell the property.
-
Mortgage enforcement — default on loan and overdraft secured by third‑party mortgage — proof of indebtedness — refusal to permit proposed monthly instalments in mortgage action — granted moratorium of 120 days — contractual interest then bank lending rate — foreclosure relief if unpaid
|
4 May 2014 |
| April 2014 |
|
|
Medical retirement benefits are actuarially reduced; normal-retirement-only benefits do not apply, and defendant recovers overpayment.
-
Pension scheme — medical (early) retirement — Rule 6(a) requires actuarial reduction of Rule 5(a) benefits — Rule 5(d) and Collective Agreement benefits apply to normal retirement (55 years) only — entitlement to additional pension depends on evidence of extra contributions — successful counterclaim for overpayment
|
24 April 2014 |
|
Parental testimony corroborated by school records can prove prosecutrix’s age; MRI evidence is not mandatory.
-
Criminal law — Defilement — Proof of prosecutrix’s age — Parental viva voce evidence may conclusively establish age — Documentary records (birth certificate/Under-5 card) are secondary — MRI/medical age assessment not mandatory
|
24 April 2014 |
|
Landlord entitled to vacant possession and distraint for unpaid rent where tenant breached lease and failed to appear after proper service.
-
Rent law — sections 13(1)(a) and 14 Rent Act — breach of lease for unpaid rent — entitlement to vacant possession — leave to distrain for recovery of rent — effect of proper service and party’s absence at hearing
|
21 April 2014 |
|
Directors may sue to challenge a debenture; interim injunction confirmed pending trial where debenture's validity is in dispute.
-
Receivership — locus standi exceptions where directors may challenge validity of security; Debenture validity — alleged want of consideration; Interlocutory injunction — American Cyanamid test; balance of convenience favors preserving status quo
|
2 April 2014 |
|
Employer vicariously liable for employee’s negligent driving; insurer excluded where driver was unlicensed; damages awarded (mostly unassessed).
-
Road traffic negligence — driver lost control and crossed dividing pavement — statutory duty to keep left (Road Traffic Act ss.173,174) — employer vicarious liability — insurer excluded by policy where driver unlicensed — special damages require strict proof
|
1 April 2014 |
| March 2014 |
|
|
Unopposed summary judgment granted for outstanding overdraft with interest and liberty to foreclose mortgaged property after 30 days.
-
[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
|
26 March 2014 |
|
A caveat by an intending purchaser was removed after twenty years' inaction and failure to show cause, enabling estate administration.
-
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
|
25 March 2014 |
|
Applicant awarded K75,400; equitable mortgage enforced with 30‑day moratorium before foreclosure and costs to applicant.
-
Loan recovery; equitable third‑party mortgage; substituted service; interest orders; moratorium and foreclosure powers; costs
|
24 March 2014 |
|
Where an administrator disposed of one house, the remaining house devolves on the children jointly; future rents split equally from a set date.
-
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
|
23 March 2014 |