Results.
173 judgments found.
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| 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 |
| February 2014 |
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Circumstantial evidence, res gestae statements, and the accused's flight and admission established malice aforethought and supported a murder conviction.
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Criminal law — Murder (Penal Code s.200) — Malice aforethought (s.204) — Circumstantial evidence — Res gestae admissions — Flight and discovery of weapon corroborating testimony
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25 February 2014 |
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Bank vicariously liable for employees' role in deposit suppression; damages reduced for equal contributory negligence by customer.
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Bank liability — alleged suppression of cash deposits — vicarious liability for employees' fraud — burden of proof as to tampering of deposit slips — contributory negligence by customer’s employees — apportionment of damages
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24 February 2014 |
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Fraudulent concealment can postpone limitation; statutory pre‑action rules apply to actions against revenue authorities; High Court prepares election reports; criminal intent may be inferred from repeated violent conduct.
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Limitation — fraudulent concealment postpones time; Judicial review — applicability of statutory pre‑action duties (Customs Act) vs Order 53; Case stated procedure; Voluntariness and admissibility of confessions; Inference of malice aforethought from repeated force; High Court duty to prepare statutory electoral report (s.104(6)); Jurisdictional limits of Local Courts in probate; Forfeiture on reasonable suspicion under proceeds‑of‑crime law
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17 February 2014 |
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Whether the applicant’s wrongful dismissal claim was time‑barred and what remedies are appropriate for forced leave and unpaid entitlements.
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Employment law — limitation period and accrual of cause of action; forced leave versus dismissal; wrongful dismissal for failure to give notice; mitigation and unjust enrichment; reinstatement discretionary; damages, interest and costs awarded
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13 February 2014 |
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Whether the deceased's mother‑in‑law was a dependant and how the intestate estate must be administered and divided.
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Intestate succession — definition of 'dependant' requires living with deceased immediately prior to death; administrators' powers may be exercised by majority; personal chattels to be shared equally between spouse and children; surviving spouse entitled to life interest in house; court may order inventory and restrain administration until accounts produced
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13 February 2014 |
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Whether documentary proof of delivery established entitlement to unpaid contract price where the defendant failed to rebut evidence.
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Sale of Goods — proof of delivery and acknowledgement — evidential burden of plaintiff and effect of defendant’s failure to rebut documentary proof — contractual delivery and payment terms — interest and costs
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10 February 2014 |
| January 2014 |
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Contracts for sale of land were rescinded by mutual agreement; plaintiffs entitled to deposit refund, interest and costs.
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Contract law — Sale of land — Specific performance vs rescission by mutual agreement — Clause providing refund of deposit — Entitlement to refund with interest and costs — Effect of payment into court
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30 January 2014 |
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Consent judgment for possession prevails; post-judgment sale of the property was fraudulent and void, interpleader was improperly used.
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Civil procedure — Execution of consent judgment; interpleader (Order 43(1)(b)) not applicable to immovable property seized under writ; fraudulent post-judgment sale void ab initio; lack of locus standi to challenge execution
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27 January 2014 |
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Sales by an unincorporated Resident Development Committee were void; plaintiffs had no legal title and their claim was dismissed.
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Land law — ownership vested in the President and administered by Ministry of Lands/District Councils; sale by unincorporated Resident Development Committee void ab initio; squatter register entries not equivalent to legalized title; no title passed, developments at occupiers’ risk
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20 January 2014 |
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Respondent’s installation as chief declared null for breaching customary rotational succession; selection to be remitted to the traditional council.
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Customary law — chieftainship succession — patrilineal rotation among three chiefly branches (Njera, Chipanga, Chapyoka) — election cannot displace customary rotational eligibility — installation contrary to custom declared null and void; court will not itself install a chief but will remit selection to the traditional electoral body
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9 January 2014 |
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Unopposed equitable mortgage claim: judgment for debt with interest and 60‑day moratorium before foreclosure and sale.
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Equitable mortgage — Originating summons — Default judgment — Valid service of process — Interest awarded — Moratorium before foreclosure and sale — Costs taxed
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6 January 2014 |
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Applicant failed to prove purchase and thus was not entitled to a vesting order under section 14 of the High Court Act.
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High Court Act s14 — Vesting order — Burden of proof on applicant to establish completed sale — Statutory declaration and caveat as intending purchaser insufficient — Requirement of assignment and consent to assign land — Deputy Registrar not authorized to execute assignment absent proof
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5 January 2014 |