Results.
32 judgments found.
|
|
|
| October 2017 |
|
|
|
31 October 2017 |
|
|
31 October 2017 |
|
|
31 October 2017 |
|
|
31 October 2017 |
|
|
30 October 2017 |
|
|
30 October 2017 |
|
|
30 October 2017 |
|
Garnishee proceedings: court ordered payment of funds held by garnishees to satisfy an outstanding judgment, permitting execution on default.
|
25 October 2017 |
|
Costs in habeas corpus proceedings are discretionary; absent malafide or unreasonable conduct, each party bears own costs.
-
["Habeas corpus — costs — discretionary under Order 40 High Court Rules and Order 54 Rules of the Supreme Court","Abatement of habeas corpus application on release — costs typically abide the event","Award of costs may follow where detainer's conduct causes unnecessary expense; absence of mala fides negates award","Court granted leave to appeal"]
|
25 October 2017 |
|
|
25 October 2017 |
|
Applicant entitled to sell charged mining asset to recover US$30,000 judgment balance with interest and costs.
-
Enforcement of judgment by charging order and sale — Orders 50/9A and 88/5A (White Book 1999) — Charging Order Absolute over mining licence — creditor limited to amount due — proceedings in respondent’s absence.
|
23 October 2017 |
|
Applicant entitled to enforce Charging Order Absolute by sale of charged mining property after debtor failed to satisfy judgment.
-
Charging order — enforcement by sale — Order 50 Rule 9A & Order 88 Rule 5A (White Book) — applicability in Zambia — charging order as equitable security — vesting legal term to enable sale — debtor’s duty to disclose title documents.
|
23 October 2017 |
|
A claim that no cause of action exists against a co-defendant cannot be resolved as a preliminary issue absent appeal of an interlocutory ruling.
|
23 October 2017 |
|
|
23 October 2017 |
|
Recent possession of a stolen motor vehicle can justify conviction absent a reasonably true explanation; co‑accused acquitted without independent evidence.
-
Criminal law — Aggravated robbery — Elements of offence; Recent possession doctrine — motor vehicle recovered eight days after theft; Explanation must be reasonably true to rebut inference; Extra-judicial statements inadmissible against co-accused unless adopted in court; Identification evidence weakened by darkness and rain.
|
20 October 2017 |
|
Court refused respondents’ request for cross‑examination and viva voce evidence, finding affidavits sufficient in loan default proceedings.
-
Civil procedure — originating summons — Order 30 Rule 21 High Court Rules — cross‑examination of deponents — viva voce evidence — affidavit evidence sufficiency — discretionary relief requires good and convincing reasons — loan default — relevance of expert evidence.
|
20 October 2017 |
|
Convictions for forgery and perjury quashed for insufficient proof of forgery and unauthenticated handwriting samples.
-
Criminal law — Forgery (Penal Code ss.342, 344) — Requirement to prove false document and intent beyond reasonable doubt — Handwriting expert comparisons require authenticated specimens — Mere signing as witness insufficient to prove privity/participation — Perjury collapses if foundational falsehood not proved.
|
17 October 2017 |
|
Court allowed late supplementary affidavit as fresh, relevant evidence and granted a limited extension to file submissions.
-
Civil procedure — admission of fresh evidence post-hearing; Ladd v Marshall test — relevance, diligence, credibility; extension of time — discretion under procedural rules and White Book guidance; mandatory injunction interlocutory applications.
|
16 October 2017 |
|
Whether a farm certificate under customary tenure suffices to establish ownership and permit summary recovery of possession from unlawful occupants.
-
Land law — Customary tenure — Farm certificate issued by traditional authority as evidence of ownership akin to certificate of title — Order 113 RSC — Originating summons for summary possession against unlawful occupants — Expired licence/lease — Possession, injunction, damages and costs — Assessment remitted to Registrar.
|
16 October 2017 |
|
Matrimonial injunction refused where disputed property was held in trust and damages were an adequate remedy.
-
Family law — Matrimonial injunction (s.101 MCA) — Interlocutory injunction test (American Cyanamid) — Property held in trust — Adequacy of damages — Protection of trust beneficiaries’ rights.
|
16 October 2017 |
|
A short marriage was held irretrievably broken by mutual unreasonable behaviour and infidelity; decree nisi granted.
-
Matrimonial Causes Act ss.8, 9(b) — divorce for irretrievable breakdown — unreasonable behaviour — objective test — mutual infidelity, controlling conduct, aggression — decree nisi — property and maintenance referred to Registrar.
|
13 October 2017 |
|
Refusal of a lawful urgent assignment justified summary dismissal; allegations of induced termination and missing property were unproven.
-
Employment law — summary dismissal — refusal to obey lawful orders; proof required for procurement of breach of employment; employer liability for reimbursement of out-of-town expenses; counter-claims for unreturned tools and missing electrical components; necessity of particulars and cogent evidence.
|
12 October 2017 |
|
Plaintiff may sue guarantors despite prior mortgage sale; res judicata does not bind non-parties and guarantees enforceable per their terms.
-
Guarantees and suretyship — enforceability of personal guarantees despite mortgagee's sale — res judicata not applicable to non-parties — mortgagee's duty on sale and accounting — contractual construction of guarantee permitting pursuit of guarantors without exhausting securities.
|
11 October 2017 |
|
Whether a whistleblower's declaratory and damages claims were maintainable despite alleged lack of particulars.
-
Declaratory relief — discretionary remedy; Public Interest Disclosure (Whistleblowers) Act — civil remedies and protections; Pleadings — particulars for negligence and special damages; Order 14A & 33 preliminary points; procedural non‑compliance v statute.
|
10 October 2017 |
|
Whether the applicant was entitled to 1% commission for 7,000 tonnes of steel and whether the respondent was liable despite separate corporate entities.
-
Commercial law — Broker’s commission — Oral agreement for 1% commission on supply of steel — Proof on balance of probabilities of additional deliveries — Agency and principal liability where managing director acted for company — Conversion to local currency and post-judgment interest.
|
10 October 2017 |
|
Interim status quo injunction granted to preserve competing land title rights pending trial.
-
Interim injunction — Land dispute — Competing certificates of title — American Cyanamid principles: serious issue to be tried, damages inadequate, balance of convenience — Status quo preserved; State directed to enter appearance.
|
10 October 2017 |
|
Court invalidated derogatory definitions in the Mental Disorders Act, upheld need for humane treatment and urged statutory reform while declining wholesale repeal.
-
Constitutional law — Mental health legislation — Derogatory statutory language and discrimination — Involuntary detention and procedural safeguards — Humane treatment and standards of care in psychiatric institutions — Scope of judicial relief versus legislative reform — Supervisory enforcement orders against statutory agencies.
|
9 October 2017 |
|
Court dismissed procedure challenge to writ, entered judgment on admission and permitted foreclosure and guarantor enforcement.
-
Civil procedure — originating process — writ vs originating summons; multiplicity of actions; judgment on admission; mortgage remedies — foreclosure, possession, power of sale; enforcement of personal guarantee; disclosure of bank statements.
|
7 October 2017 |
|
|
6 October 2017 |
|
Decree nisi granted for irretrievable breakdown under unreasonable behaviour; custody to petitioner, maintenance/property referred.
-
Family law — Divorce — Irretrievable breakdown of marriage under Matrimonial Causes Act Sections 8 and 9(1)(b) — Unreasonable behaviour — Custody of minor children — Referral of maintenance and property settlement.
|
4 October 2017 |
|
Whether earlier fixed‑term service counts for redundancy where later written employment contracts expressly supersede prior agreements.
-
Employment law — redundancy — scope of service for redundancy calculations — application of Section 28C(2) Employment Act — effect of subsequent written contracts superseding earlier fixed‑term contracts; contractual incorporation — addenda and supersession clauses; incentive bonuses and employer medical scheme entitlements.
|
4 October 2017 |
|
Divorce petition dismissed: no continuous two‑year separation and respondent’s consent found not voluntary.
-
Divorce — Matrimonial Causes Act s.9(1)(d) — living apart for two years — meaning of 'living apart' in long‑distance marriages — consent to decree — voluntariness and subsistence of consent.
|
2 October 2017 |