Results.
230 judgments found.
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| December 2016 |
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Recent possession of stolen property shortly after a violent robbery, coupled with credibility findings, supported conviction for aggravated robbery.
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Criminal law — Aggravated robbery — use of violence by multiple persons; possession of stolen property — recent possession doctrine; credibility and adverse findings; identification when victim unable to see assailants.
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30 December 2016 |
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Accused convicted of aggravated robbery for using a gun to steal a taxi; the weapon's status as a firearm was not proven.
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Criminal law — Aggravated robbery — Threatening victim with a gun and theft of vehicle — Possession of stolen vehicle and failure of accused’s purchase defence — Distinction between offensive weapon and firearm; requirement to prove firearm under Firearms Act.
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30 December 2016 |
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Exclusive distributor terminated without reasonable notice; court found breach, inducing party liable, and awarded compensation for transferred goodwill.
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Commercial law — distribution agreements — admission on pleadings — continuing exclusive distributor — reasonable notice to terminate (12 months) — breach of contract — inducing breach/unlawful interference — transfer of goodwill — compensation for customer portfolio.
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29 December 2016 |
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High Court dismissed objection and held it may decide preliminary constitutional and procedural issues under Order 14A/33.
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Constitutional and election law — preliminary issues — Order 14A and Order 33(3) — disposal of cases on point of law; Election petitions — jurisdiction and time limits — relationship between High Court and Constitutional Court; Article 18(9) — scope regarding determination of civil rights; Consent orders and interlocutory procedure — abuse of process; Order 77(7) — limits and application vis-à-vis the Crown.
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27 December 2016 |
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Applicant failed to prove medical negligence after prostate biopsy; recognised complications and lack of expert evidence fatal to claim.
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Medical negligence — prostate biopsy — consent and local anaesthesia — recognised complications (pain, bleeding, urinary retention) — evidential burden and necessity of expert evidence — applicable Bolam standard — res ipsa loquitur inapplicable.
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23 December 2016 |
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Court vested purchased subdivision in applicant and ordered Registrar to execute conveyance where vendor was unavailable.
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Lands and Deeds Registry Act — vesting order — discharge of caveat and registered judgment — High Court s.14 power to nominate person to execute conveyance — conveyancing where vendor unavailable.
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22 December 2016 |
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Deposit of title deeds created an equitable mortgage; compound or penal interest unenforceable absent express agreement.
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Banking law; equitable mortgage by deposit of title deeds; absence of legal mortgage gives equitable mortgage only; compound/penal interest unenforceable absent agreement; foreclosure (not power of sale) available; recalculation of interest at agreed contractual rate.
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21 December 2016 |
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Doctrine of lenity inapplicable; Electricity Act did not impliedly repeal Penal Code and custodial sentence upheld.
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Criminal law — sentencing; construction of penal statutes; doctrine of lenity; implied repeal; Interpretation Act s41 permitting overlapping statutory offences; electricity theft — aggravation for continuous diversion.
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21 December 2016 |
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Plaintiff failed to prove medical negligence or unlawful burial; hospital and council not liable.
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Medical negligence — duty of care and Bolam principle — standard of proof and need for expert evidence — missing medical records — suspected infectious disease handling and burial — Public Health Act duties.
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20 December 2016 |
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Conviction for murder on cogent circumstantial evidence; intoxication found extenuating, so death penalty not imposed, leave to appeal granted.
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Criminal law — Murder — Circumstantial evidence — Last seen with deceased — Malice aforethought — Sexual assault and head injury — Explanatory defence — Intoxication as extenuating circumstance; reliance on R v Exall, Chimbini and Chabala principles.
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19 December 2016 |
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Appeal against conviction for personating a public officer dismissed; 24‑month sentence confirmed and to be served.
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Criminal law — personation of public officer; evidence and credibility; right to fair trial — failure to call defence witnesses; retrial; sentencing confirmation by High Court; magistrate jurisdiction.
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16 December 2016 |
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Accused found not guilty of murder by reason of insanity and ordered detained during the President's pleasure.
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Criminal responsibility — insanity/disease of the mind — inability to understand probable consequences — malice aforethought — murder (s200 Penal Code) — medical/psychiatric evidence — post-mortem intracranial bleeding — detention under s161(2)(b) Criminal Procedure Code.
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16 December 2016 |
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Accused in a postictal epileptic state found not guilty of murder by reason of insanity and detained during President's pleasure.
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Criminal law — Murder — Malice aforethought — Insanity defence — Epilepsy and postictal confusional state — Disease of the mind — Lack of criminal responsibility — Detention during President’s pleasure.
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16 December 2016 |
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The plaintiffs' claim for a US dollar balance was dismissed for non‑compliance with Bank of Zambia currency regulations.
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Bank of Zambia regulations — domestic v international transaction — currency denomination of invoices — compliance with Monitoring of Balance of Payments Regulations — effect of re‑naming supplier and invoicing through local entity — enforceability of foreign currency claims in domestic transactions.
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8 December 2016 |
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Applicant awarded judgment for outstanding mortgage debt; respondent must pay or surrender the mortgaged property.
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Mortgage law — Originating Summons (Order 30 r.14) — Default and recovery — Variation of contractual interest — Simple versus compound interest — Setting aside of consent order — Entitlement to possession and sale.
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8 December 2016 |
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6 December 2016 |
| November 2016 |
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Deposit of title deeds created an equitable mortgage enforceable by foreclosure; contractual interest remains payable despite non‑accrual status.
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Equitable mortgage by deposit of title deeds; foreclosure and possession under Order 30 Rule 14; limitation (12 years) for actions to recover land; treatment of non‑accrual loans and chargeability of interest; enforceability of contractual compound interest; enforceability of personal guarantees.
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30 November 2016 |
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29 November 2016 |
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Conviction for obtaining money by false pretences quashed due to material variance between indictment and evidence.
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Criminal law — Obtaining money by false pretences — Variance between indictment particulars and proof — Burden to prove the pretence — Circumstantial evidence — Conviction quashed for failure to prove charged pretence.
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25 November 2016 |
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Plaintiffs failed to prove wrongful demolition or damages; State indemnified under Sheriffs Act; claims dismissed, each party to bear own costs.
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Civil procedure — execution of writs — Sheriffs Act s.14(2) indemnity; Execution of writ of possession — identification of premises and boundaries; Burden of proof — claimant must prove ownership/occupancy and damages; Wrongful demolition — necessity of clear survey evidence; Liability of instructing party for irregular execution.
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25 November 2016 |
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Failed business arrangement did not preclude theft conviction; partial repayment is mitigating but not a defence; appeal dismissed.
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Criminal law — Theft — conversion of funds — failed business transaction does not preclude criminal liability — intention to repay not a defence (Penal Code s.265(2)(e)) ; Evidence — corroboration and credibility; Sentencing — appellate interference only if wrong in principle or manifestly excessive.
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25 November 2016 |
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25 November 2016 |
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A 29‑month tenancy expired in October 2012; no subsisting lease or entitlement to post‑expiry rent or utility arrears was proved.
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Tenancy law — essentials of a lease (parties, premises, commencement, duration, rent) — expiry of fixed-term tenancy and effect on obligations; enforceability of post-expiry demands; evidence of corporate existence and party capacity; proper parties to litigate landlord–tenant disputes.
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24 November 2016 |
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Multiple proven irregularities—police obstruction, violence, racial appeals, bribery and misuse of state resources—voided the election.
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Electoral law — election petition — bribery and inducement; use of government resources; racial/discriminatory campaigning; police obstruction and pre‑election violence; causation and effect on election result under section 97 of the Electoral Process Act.
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24 November 2016 |
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Petitioner failed to prove alleged bribery (water-bill payments) or that it affected the election outcome; petition dismissed.
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Electoral law — Election petition under section 97 — Allegation of corrupt practice (bribery) by paying community water bills — Burden and high standard of proof in election petitions — Necessity of direct evidence and documentary proof (receipt book/district council officers) — Effect of unproven allegations on election result.
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24 November 2016 |
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Radio-incited intimidation and unproven defamatory allegations voided the respondent's parliamentary election.
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Electoral law — election petition — standard of proof higher than balance of probabilities but less than beyond reasonable doubt — incitement and defamatory statements at campaign radio programme — effect on election result — void election.
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24 November 2016 |
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Whether a lender lawfully may seize and auction pledged collateral for loan default and recover principal, interest and costs.
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Contract/Banking law — loan variation and default — seizure and auction of pledged collateral under contractual clause; Order 88 (mortgage procedure) held inapplicable; interest charged under loan agreement lawful under Banking and Financial Services Act s.47; award of principal, interest and costs.
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24 November 2016 |
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The court voided the 1st respondent's election for bribery, racial campaigning, police obstruction and misuse of government resources.
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Electoral law — void election — bribery/vote‑buying (donations, chitenge, boreholes) — misuse of government resources and ministerial status — racial campaigning — police obstruction and campaign violence — agent‑knowledge requirement under s.97 Electoral Process Act.
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24 November 2016 |
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Alleged campaign philanthropy and use of rival party symbols did not, on proof, void the parliamentary election.
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Electoral law — election petition — corrupt practice/philanthropy — boreholes and corporate social responsibility — canvassing at polling station — candidate membership and eligibility under Article 51 — use of rival party symbols and campaign misconduct — standard of proof higher than balance of probabilities.
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23 November 2016 |
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Prosecution proved child-stealing by corroborated evidence; appellant's babysitting explanation failed to raise reasonable doubt.
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Criminal law — Child-stealing — Elements of offence under Penal Code s171(1)(a) — Corroboration of complainant’s evidence by police recovery of child and items — Standard of proof and reasonable explanation (Stephen Manda) — Weight of circumstantial evidence (blank under-five card, renaming of child).
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22 November 2016 |
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Applicant failed to prove alleged misuse of public resources; respondent's election was upheld and petition dismissed.
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Election petition — Electoral Process Act s.97(2) — Electoral Code of Conduct s.15 — use of government resources — Constituency Development Fund (CDF) projects — RDA/NFRA/ZNS road contracts — standard of proof higher than balance of probabilities — credibility of witnesses and documentary corroboration.
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22 November 2016 |
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Election nullified due to respondent's misuse of public resources, party-sponsored violence, and ECZ procedural failures.
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Election law; misuse of public resources by a serving minister during campaign; electoral violence and intimidation by party cadres; failure of electoral management body to provide Form Gen.12 and ensure transparency; denial of candidate access to polling station; elevated standard of proof in election petitions; nullification of election where non-compliance affected result.
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22 November 2016 |
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Petitioner failed to prove electoral malpractices affecting result; unrelated prior petition led to declaration that the election was void.
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Electoral law; election petitions; Section 97 Electoral Process Act; standard of proof higher than balance of probabilities; corrupt and illegal practices; vote buying; impersonation/use of party regalia; hate speech; delayed opening of polling stations; causation and material effect on result.
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21 November 2016 |
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Whether campaign allegations of Satanism and ‘tainted’ pens so influenced voters as to void the parliamentary election.
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Electoral law — Election petition — Standard of proof higher than balance of probabilities — Section 97 Electoral Process Act — Independent candidate/Article 51 — Vote buying allegations — Character assassination via allegations of Satanism and ‘tainted’ ECZ pens — Widespread influence on voters — Nullification of election.
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21 November 2016 |
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High Court held the applicant failed to prove electoral malpractice; the respondent was validly elected and petition dismissed.
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Election law — Jurisdiction of High Court to hear parliamentary election petitions — Article 73 Constitution; Electoral Process Act; standard of proof in election petitions (higher than balance of probabilities). Electoral malpractice — allegations of bribery, distribution of party regalia, food, cement and bicycles. Electoral administration — Form Gen 12, access of accredited polling agents, counting and announcement of results — adequacy of evidence and requirement of corroboration
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14 November 2016 |
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High Court: petitioner failed to prove alleged illegal practices; respondent validly elected; each party bears own costs; leave to appeal granted.
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Electoral law — jurisdiction of High Court over election petitions; burden and elevated standard of proof in election petitions; illegal practices — use of traditional authority, defamatory statements, masquerading as party candidate; admissibility and insufficiency of hearsay and uncorroborated evidence.
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14 November 2016 |
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Decree nisi granted for irretrievable breakdown after two years’ separation; ancillary matters referred for determination.
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Family law — Divorce — Irretrievable breakdown by two years’ separation — Consent to divorce — Decree nisi granted; custody, maintenance and property settlement referred for determination.
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12 November 2016 |
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11 November 2016 |
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Court found some nomination-day violence by respondent’s supporters but petitioner failed to prove widespread misconduct attributable to respondent, so election stands.
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Electoral law — election petitions — Section 97(2)(a) E.P
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Act — attribution of misconduct to candidate or his election/polling agents — elevated standard of proof — intimidation/violence, campaigning at polling stations, secrecy of ballot, bribery — whether misconduct prevented majority from electing preferred candidate
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11 November 2016 |
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The appellant's conviction for riot was unsafe due to reliance on circumstantial evidence and inadequate findings and reasons.
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Criminal law — Riotous behaviour — sufficiency of evidence — circumstantial evidence — alibi — requirement for trial court to state findings of fact and reasons — miscarriage of justice where judgment lacks factual reasoning.
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10 November 2016 |
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Applicants entitled to sell defendant's charged properties after default under consent order; court vested title and authorized sale.
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Debt enforcement — Charging Order Absolute — consent order default — enforcement by sale of charged properties — vesting title for sale — conduct of sale by plaintiffs' lawyers — court approval of sale terms — application of proceeds and costs.
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9 November 2016 |
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Petitioner failed to prove violence, bribery or unlawful influence by respondent to the high standard required; election upheld.
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Electoral law — election petitions — burden and standard of proof higher than balance of probabilities — allegations of violence, bribery and illegal canvassing must be proved with convincing clarity; hearsay and uncorroborated testimony insufficient to void an election; delivery of voter registers and brief presence near polling stations not automatically unlawful.
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7 November 2016 |
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The complainant was wrongfully and unfairly dismissed after procedural breaches; damages awarded instead of reinstatement.
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Employment law — Wrongful dismissal — Breach of contractual disciplinary procedures — Natural justice — Charging officer chairing disciplinary hearing — Appeal chaired by HR of same rank — Remedy: damages in lieu of reinstatement — Notice pay — Interest and costs.
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1 November 2016 |
| October 2016 |
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Money-lenders cannot charge compound or monthly-calculated interest; borrowers are entitled to refunds, interest and return of title.
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Money Lenders Act — Section 10 — prohibition of compound interest; Section 9(2) — requirement to state interest per annum; illegality and unenforceability of usurious loan terms; entitlement to refund and interest; delivery of title by mortgagee.
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31 October 2016 |
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Oral agreement to use a title as security failed for lack of consensus on duration; breach claim dismissed with costs.
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Contract law — formation — oral agreement — consensus ad idem — use of Certificate of Title as security — failure to prove agreed duration — breach of contract claim dismissed.
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28 October 2016 |
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Agreed bundle admissions and defendant's failure to prove payment established plaintiff's entitlement to unpaid price.
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Sale of Goods — delivery and right to price — Agreed Bundle of Documents — evidential weight and authenticity — burden on defendant to prove payment — assessment of amount in local currency; interest and costs.
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27 October 2016 |
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Specific performance granted where vendor secretly obtained title, subdivided land and breached a part-performed sale agreement.
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Contract for sale of land — Part performance — Vendor secretly obtaining certificate of title and withholding it — Subdivision and sale by vendor — Specific performance granted — Time not of the essence — Purported termination letter not proved — Equity and clean hands.
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25 October 2016 |
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Respondent validly invoked the contractual termination clause and gave statutory reasons, so the applicant’s dismissal was held to be justified.
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Employment law — termination by contractual notice clause — statutory obligation to give reasons (Section 36, amended by Act No. 15 of 2015) — reasons must relate to capacity, conduct or operational requirements — statutory provisions override inconsistent contract terms.
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20 October 2016 |
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Court held it lacked jurisdiction to extend statutory time for the applicant to file an election petition; application refused.
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Election law — statutory time limits for filing election petitions — no inherent jurisdiction to extend statutory period; condonation/sufficient cause — burden on applicant; counsel's busyness or late illness not sufficient; procedural irregularities in originating documents noted.
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14 October 2016 |
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5 October 2016 |