Results.
88 judgments found.
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| June 2017 |
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Acquittal alone does not prove malicious prosecution; respondent's reasonable belief from bank information suffices.
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Malicious prosecution — necessity to prove acquittal, absence of reasonable and probable cause, and malice — reasonable and bona fide reliance by police on bank and complainant information can constitute reasonable and probable cause.
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30 June 2017 |
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Application to set aside arbitral award dismissed: no proven procedural breach and denial of damages did not offend public policy.
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Arbitration — setting aside award — section 17(2)(a)(iv) (procedure) — failure to adduce proof of procedural breach — section 17(2)(b)(ii) (public policy) — award offends public policy only if inequity is outrageously contrary to justice — denial of damages based on lack of evidence not contrary to public policy.
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30 June 2017 |
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Whether a borrower resisting a loan rescheduling can obtain an interlocutory injunction restraining interest collection pending trial.
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Civil procedure — interlocutory injunction — American Cyanamid principles — serious question to be tried; adequacy of damages; balance of convenience — loan rescheduling dispute; alleged lack of consent and harassment by debt collectors.
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30 June 2017 |
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Interim injunction refused: serious dispute exists but damages adequate and balance of convenience favours defendant.
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Interlocutory injunctions — American Cyanamid test — serious question to be tried — adequacy of damages — balance of convenience — consent to loan rescheduling — harassment and possession claims.
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30 June 2017 |
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Mortgagee entitled to concurrent remedies; judgment for outstanding loan with possession and sale if unpaid.
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Mortgage law — originating summons under Order 30 R.14 — proof of indebtedness — remedies of mortgagee cumulative (payment, possession, sale, foreclosure) — effect of non-exhibition of original mortgage — crediting amounts realized in foreclosure.
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30 June 2017 |
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Court awarded judgment for the bank, allowed redemption by six quarterly instalments, and authorised foreclosure on default.
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Mortgage enforcement — third party registered mortgage — equitable right of redemption — court-ordered instalment plan — acceleration and foreclosure on default — interest at contractual and Bank of Zambia short-term deposit rate — costs and leave to appeal.
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29 June 2017 |
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Court may decide personal guarantees within a mortgage action when claims arise from the same transaction and documents.
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Mortgage action — Order 30 rule 14 — Personal guarantees — Joinder of causes — Construction of security documents — Avoidance of multiplicity of actions — Binding Supreme Court precedent — Section 13 High Court Act.
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29 June 2017 |
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Court may determine guarantor liabilities in a mortgage action when they arise from the same transaction as the mortgage.
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Mortgage actions — scope of relief under Order 30 r14 — enforcement of personal guarantees within mortgage proceedings — joinder of causes of action to avoid multiplicity — binding Supreme Court precedent; High Court Act s.13 (resolution of all disputes).
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29 June 2017 |
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Amendment to statement of claim denied where late, unexplained and prejudicial to the defendant's existing defence.
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Pleadings — amendment of statement of claim at trial — Order 20 RSC & Order 18 HCR — discretion to allow amendments to determine real controversy — refusals where amendment is late, unexplained and prejudicial to opposing party.
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29 June 2017 |
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Bank liable for debt collector’s fraudulent sale of a truck; plaintiffs awarded ZMW632,000.00 damages, other claims dismissed.
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Banking law; agency and vicarious liability; fraud/misrepresentation by bank agent; tort of deceit—measure of damages; evidential standard for alleging fraud; sale of vehicle noted as 'absolute owner'.
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28 June 2017 |
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Decree nisi granted: petitioner’s flirtatious conduct and denial of conjugal rights constituted unreasonable behaviour causing irretrievable breakdown.
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Family law — Divorce — Unreasonable behaviour and irretrievable breakdown — Assessment requires value judgment considering parties’ characters and conduct (Katz; Ash; Mahande) — Evidence of limited physical assault, financial disputes, denial of conjugal rights, and proven flirtatious/adulterous conduct — Decree nisi granted for respondent.
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28 June 2017 |
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Decree nisi granted: petitioner's flirtatious/adulterous conduct and denial of conjugal rights made cohabitation unreasonable for respondent.
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Family law — Divorce — Unreasonable behaviour — Irretrievable breakdown — Assessment of conduct and provocation — Adulterous/flirtatious conduct and denial of conjugal rights — Ancillary orders (property, custody, costs).
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28 June 2017 |
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Court partially stayed execution pending appeal due to curable procedural irregularity and unresolved jurisdictional defects regarding a 1982 divorce.
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Civil procedure — Stay of execution pending appeal; appeal does not automatically stay execution; appellate preview of prospects of success; requirement for special leave and proper Notice of Appeal; jurisdictional challenge under Limitation Act and consequences of judgment obtained in absence of party.
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28 June 2017 |
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Court partially stayed execution of property judgment to protect the applicant pending appeal and cure procedural irregularities.
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Civil procedure — Stay of execution pending appeal; Notice of appeal filed before special leave; Writs of delivery and possession — partial execution; Setting aside judgment obtained in absence v. appeal; Limitation Act — 12‑year rule for actions on judgments; High Court's discretionary power to preview prospects of appeal and call fresh evidence (Order III Rule 2).
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28 June 2017 |
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Whether a traditional ruler may be joined in civil proceedings given chieftaincy's constitutional status as a corporation sole.
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Constitutional law — Chieftaincy — Articles 165–166: chieftaincy as a corporation sole with capacity to sue and be sued; Article 128 — referral to the Constitutional Court for constitutional interpretation; joinder versus non-joinder of traditional ruler in civil proceedings.
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28 June 2017 |
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The applicant's bail pending appeal was denied: no prima facie prospect of success and no risk of serving substantial sentence before appeal.
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Criminal procedure — Bail pending appeal — Section 332(1) CPC — Exceptional circumstances required: prima facie likelihood of success or risk of serving substantial sentence — Prior compliance with bail conditions not exceptional.
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28 June 2017 |
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27 June 2017 |
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A chieftaincy is a corporation sole and must be sued in its office, not the office-holder personally.
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Constitutional law; chieftaincy as corporation sole; capacity to sue and be sued; joinder; High Court jurisdiction versus referral to Constitutional Court under Article 128.
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27 June 2017 |
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Whether a Litunga’s office as a corporation sole can be joined in proceedings and whether that raises a referral-worthy constitutional question.
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Constitutional law — Chieftaincy — Articles 165 and 166 — Institution of chieftaincy as corporation sole — Legal capacity to sue and be sued — Joinder of traditional ruler — Article 128 referral to Constitutional Court not required where constitutional provisions are clear.
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27 June 2017 |
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27 June 2017 |
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26 June 2017 |
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Court confirmed interim injunction, recognised customary marriage, and ordered plaintiff to provide accommodation and upkeep pending Local Court proceedings.
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Interim injunctions — ex parte relief — full and frank disclosure — customary marriage vs cohabitation — jurisdiction of Local Court in matrimonial disputes — interlocutory protective orders for accommodation, maintenance and safety.
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26 June 2017 |
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Procedural non-compliance rendered an application to set aside a writ for multiplicity of actions incompetent; consolidation requires formal application.
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22 June 2017 |
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Whether an interim injunction should restrain execution of a warrant of distress over disputed storage charges and preserve the status quo.
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Interim injunctions — discretionary equitable relief — need for clear right or serious issue to be tried — irreparable injury — balance of convenience — preservation of status quo — warrant of distress and disputed storage charges — clean hands doctrine.
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22 June 2017 |
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Plaintiff may produce an evidence summary and CD, but a blanket telecoms-records order was refused for lack of specificity and security concerns.
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Evidence — Defence (Procedure) Rules (Reg. 9) — production of witness-summary; Electronic recordings as documentary evidence — laying/authentication and admissibility to be determined; Telecommunications records — specificity required; State security considerations; Leave to file supplementary documents.
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22 June 2017 |
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Beneficiaries cannot enforce administrator‑specific duties against a surviving spouse who has not been appointed administrator.
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Intestate Succession Act — application where no will — beneficiaries’ locus standi to commence administration proceedings — appointment and duties of administrator (s.19) — unlawful administration without letters of administration — Rule 85/3 Rules of Supreme Court.
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21 June 2017 |
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Applicant entitled to mortgage judgment and foreclosure; respondent's inability to pay is not a defence.
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Mortgage law — Originating summons under Order 30 r14 — enforcement of mortgage — repayment and default — timing of disbursement immaterial where funds received — inability to pay not a defence — cumulative remedies including foreclosure and sale; interest and moratorium.
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21 June 2017 |
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Court dismissed proceedings for want of prosecution after parties failed to restore struck-out matter within 30 days.
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Civil procedure — Strike-out — Restoration — Failure to restore struck-out proceedings within prescribed 30 days — Dismissal for want of prosecution.
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20 June 2017 |
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Decree nisi granted where unchallenged evidence of respondent's threats and suicide attempts showed irretrievable breakdown of the marriage.
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Family law — Matrimonial Causes Act — Divorce on grounds of unreasonable behaviour — Unchallenged evidence of suicide attempts and threats to family — Decree nisi granted; ancillary issues referred to chambers.
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20 June 2017 |
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Court allowed joinder of third parties claiming land interests to prevent multiplicity of actions and inconsistent decisions.
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Civil procedure — Joinder of parties — Order 14 Rule 5 High Court Rules; Order 15/6/8 Rules of the Supreme Court — Court’s discretion to add parties against plaintiff’s wishes — Prevention of multiplicity of actions and conflicting judgments — Interest in subject matter as basis for joinder.
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20 June 2017 |
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Court allowed joinder of interested interveners to prevent multiplicity of actions and potential conflicting decisions.
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Civil procedure — Joinder and intervention — Order 14 r.5 High Court Rules; Order 15/6/8 RSC — court's discretion to add parties to prevent multiplicity of actions and inconsistent judgments.
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20 June 2017 |
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19 June 2017 |
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Whether a criminal trial result can be used as proof in civil proceedings and whether that justifies pre-trial dismissal.
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Civil procedure — preliminary points of law — admissibility and curability of defective affidavits — right to engage counsel late — criminal conviction or acquittal not proof of facts in civil proceedings — burden and standard of proof require trial.
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19 June 2017 |
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Court found the land State land, validated defendants' offer letters, held applicants squatters and ordered their eviction.
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Land law — customary versus State land — determination of township boundaries under Urban and Regional Planning Act — validity of offer letters from Commissioner of Lands — status of long-term occupiers as squatters — declaratory relief and eviction.
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16 June 2017 |
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Dispute over whether land is customary or State land; court finds State land, plaintiffs are squatters, offer letters valid.
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Land law — status of land (customary v State) — town boundary and layout plans — validity of Commissioner of Lands' offer letters — squatters' rights — declaratory relief.
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16 June 2017 |
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Court discharged an ex-parte order and reinstated a default judgment after parties failed to attend the inter‑partes hearing.
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Civil procedure — non-attendance at scheduled inter-partes hearing — discharge of ex-parte order — reinstatement of judgment in default of appearance and defence.
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16 June 2017 |
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Court discharged ex-parte order and reinstated default judgment after parties failed to attend scheduled inter-partes hearing.
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Civil procedure — non-appearance at scheduled inter-partes hearing — discharge of ex-parte order — reinstatement of judgment in default of appearance and defence.
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16 June 2017 |
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Court discharged an ex parte order and reinstated a default judgment after parties failed to attend the inter partes hearing.
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Civil procedure — absence at scheduled inter partes hearing — discharge of ex parte order — reinstatement of judgment in default of appearance and defence.
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16 June 2017 |
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High Court dismissed petition as multiplicity of actions and abuse of process where identical matter was pending in Constitutional Court.
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Constitutional and procedural law — multiplicity of actions — abuse of court process — forum shopping — High Court inherent jurisdiction — Order 3 Rule 2 — jurisdictional distinction between enforcement of Bill of Rights (High Court) and Constitutional Court matters — severance challenge to section 123(1) Criminal Procedure Code.
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16 June 2017 |
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High Court refused interim relief because an arbitral tribunal had been constituted and was competent to grant protection.
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Arbitration Act s11 — interim measures of protection — jurisdictional limitation where arbitral tribunal constituted — urgency requirement — court should defer to tribunal once appointed.
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16 June 2017 |
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Where an arbitral tribunal is validly constituted, the court will not grant interim relief under s.11 absent tribunal incompetence or continuing urgency.
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Arbitration Act s.11(1)-(4) — interim measures of protection — court’s power limited where arbitral tribunal has been constituted — urgency and tribunal competence as conditions for court intervention.
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16 June 2017 |
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Possession of the victim's phone and inconsistent accounts made circumstantial proof of murder beyond reasonable doubt.
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Criminal law — Murder — Elements: death, unlawful act, malice aforethought — Circumstantial evidence — Possession of victim's property (mobile phone) — Call records as corroboration — Failure to conduct DNA/forensic tests not necessarily fatal where other evidence excludes innocent inferences — Alternative suspect considered and excluded.
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16 June 2017 |
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Possession of the victim’s phone and inconsistent accounts, supported by circumstantial evidence, justified murder convictions.
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Criminal law — Murder — Circumstantial evidence — Possession of victim’s phone and phone records — Time discrepancies — Flight and inconsistent accounts — Failure to obtain DNA not fatal to prosecution — Malice aforethought established by manual strangulation.
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16 June 2017 |
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Prosecution proved aggravated robbery; accused convicted based on credible witness evidence and recovered exhibits.
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Criminal law — Aggravated robbery — Elements: theft plus violence or threat — Evidence: recoveries of stolen property and exhibits — Credibility and afterthoughts — Failure to challenge prosecution in cross-examination.
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16 June 2017 |
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Decree nisi granted where respondent’s extra‑marital sexual relations and pregnancy constituted unreasonable behaviour making cohabitation intolerable.
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Family law — Divorce — Matrimonial Causes Act — irretrievable breakdown — unreasonable behaviour (s9(1)(b)) — adultery/extra‑marital pregnancy — objective test for intolerability — uncontested petition.
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15 June 2017 |
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A respondent's extra‑marital pregnancy and conduct amounted to unreasonable behaviour justifying a decree nisi.
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Matrimonial Causes Act — irretrievable breakdown — unreasonable behaviour — extra‑marital sexual relations/impregnation — objective test; undefended petition; custody, maintenance and property referrals.
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15 June 2017 |
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A court will not order assessment of damages absent a prior finding to enforce an undertaking; premature applications may be abuse of process.
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Civil procedure — Undertaking as to damages — Enforcement is discretionary and two-stage: (1) court decides whether to enforce; (2) inquiry into quantum — Order 27 Rule 6 requires a finding that a discharged injunction was unjustified before assessment — Premature summons for assessment may amount to abuse of process.
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15 June 2017 |
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Court refused recusal: attending as legal adviser at board meetings did not disqualify the firm under Rule 33(1)(d) or (e).
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Professional conduct — recusal — Legal Practitioners Practice Rules 33(1)(d) & (e) — whether attendance as legal adviser at board meetings makes practitioner a likely witness — legal professional privilege — supervisory jurisdiction under s85 of the Legal Practitioners Act.
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15 June 2017 |
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Application to recuse firm for attending board meetings denied; Rule 33(1)(d) and (e) not engaged; costs and leave to appeal granted.
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Professional conduct of advocates — recusal — Legal Practitioners Practice Rules 33(1)(d) & (e) — practitioner as potential witness — responsibility for course of action — solicitor‑client privilege — public board minutes — supervisory jurisdiction of High Court under s.85 Legal Practitioners Act.
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15 June 2017 |
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Court refused stay pending appeal in land dispute, finding no good reasons or irreparable harm and relying on conclusive certificate of title.
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Stay of execution pending appeal — discretionary relief — requires good and convincing reasons; court may preview appeal prospects; certificate of title conclusive under s.33 Lands and Deeds Registry Act; immovable property and irreparable harm considerations.
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14 June 2017 |