Results.
168 judgments found.
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| June 2015 |
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28 June 2015 |
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28 June 2015 |
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28 June 2015 |
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28 June 2015 |
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28 June 2015 |
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25 June 2015 |
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25 June 2015 |
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Court granted leave for judicial review of prosecution decision and stayed related criminal proceedings pending substantive review.
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Judicial review — leave to apply — prosecutorial decisions — alleged ultra vires conduct by DPP under Articles 56(3) & (7) — legitimate expectation/duty to consult — arguable case test for leave — stay of prosecution; distinction from prohibition on using civil process to arrest criminal investigations.
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25 June 2015 |
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25 June 2015 |
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25 June 2015 |
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24 June 2015 |
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24 June 2015 |
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Specific performance against a non‑party title holder refused; title holder awarded possession, damages and restitution for improvements.
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Property law — Specific performance — Contract enforceability against third parties — Offer letter ‘subject to contract’ does not transfer title; bona fide purchaser protection requires lack of notice; restitution for improvements to prevent unjust enrichment
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24 June 2015 |
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24 June 2015 |
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23 June 2015 |
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23 June 2015 |
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23 June 2015 |
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22 June 2015 |
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22 June 2015 |
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Late-filed defence cured as an irregularity prevents default judgment; default judgment allowed against non‑defending party; costs awarded.
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Civil procedure — Default judgment — Late filing of appearance and defence — Irregularity cured under Order 2 rule 1 — Prima facie triable issues — Scheduling conference — Costs awarded
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22 June 2015 |
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22 June 2015 |
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22 June 2015 |
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22 June 2015 |
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17 June 2015 |
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17 June 2015 |
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16 June 2015 |
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A request for account reconciliation is not a clear admission; application for judgment on admissions dismissed.
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Civil procedure — pleadings on Commercial List — bare/evasive denials — entry of judgment on admission — account reconciliation does not constitute clear admission
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16 June 2015 |
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Administrator's vesting order application dismissed for failing to prove a completed sale or meet Section 14 requirements.
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Property law — vesting order and specific performance — insufficiency of evidence; burden of proof on balance of probabilities; Section 14 High Court Act — defective/undated sale agreement; absence of assignment or proper conveyance
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16 June 2015 |
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16 June 2015 |
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16 June 2015 |
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Failure to disclose means and absence of special circumstances warrant refusal of stay and instalment payments after a mortgage judgment.
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Civil procedure — stay of execution — Order 47 Rule 1(3) Supreme Court Rules — affidavit of means — instalments exceptional — mortgage enforcement — requirement of special circumstances — reliance on Sunday Kawaya v First Alliance Bank
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14 June 2015 |
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14 June 2015 |
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Stakeholder designation makes vendor’s advocate liable to both parties; assets sale agreement subject to contract requires joinder of all interested parties.
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Civil procedure — misjoinder — joinder of interested parties; Conveyancing — vendor’s advocate as stakeholder — stakeholder holds deposit for both parties; Interpretation of contractual terms and interaction of documents made "subject to" one another
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10 June 2015 |
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10 June 2015 |
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9 June 2015 |
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9 June 2015 |
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Court dismissed defendants' security-for-costs application, finding plaintiffs ordinarily resident and immigration issues premature.
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Civil procedure — security for costs (Order 40 R7–R8; Order 23 R1) — ordinary residence — interlocutory relief — immigration permits not dispositive at interlocutory stage
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9 June 2015 |
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9 June 2015 |
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4 June 2015 |
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4 June 2015 |
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4 June 2015 |
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Section 276 does not permit staying a winding-up petition; a stay of winding-up arises under s296 only after a winding-up order.
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Companies Act s276 — scope of stay powers; s296 — stay of winding-up after winding-up order; competence of interlocutory applications; necessity to plead correct statutory authority; winding-up procedure
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4 June 2015 |
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Petitioner failed to prove irretrievable breakdown or unreasonable behaviour; petition dismissed with costs.
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Matrimonial Causes Act — irretrievable breakdown — unreasonable behaviour — onus on petitioner to particularise allegations — continued cohabitation post-petition — petitioner’s misconduct (affair) as cause — loss of interest not a ground.
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3 June 2015 |
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3 June 2015 |
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3 June 2015 |
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Application for stay and instalments refused for failure to disclose means and absence of special circumstances.
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Civil procedure — Stay of execution; payment by instalments — Order 47 Rule 1(3) (Supreme Court Rules) — affidavit must disclose income, property and liabilities — mortgage judgment — instalments require good cause/special circumstances — reference: Sunday Kawaya v First Alliance Bank Zambia Ltd
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2 June 2015 |
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2 June 2015 |
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1 June 2015 |
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1 June 2015 |
| May 2015 |
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31 May 2015 |