Results.
72 judgments found.
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| July 2017 |
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31 July 2017 |
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31 July 2017 |
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31 July 2017 |
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Identification, a toy pistol as an offensive weapon, and a rejected alibi led to convictions on aggravated assault and assault.
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Criminal law — Identification evidence and reliability — aggravated assault with intent to steal — offensive weapon (toy pistol) as connecting link — alibi and corroboration of eyewitness testimony.
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28 July 2017 |
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Failure to prove an offensive weapon reduced aggravated robbery to robbery; single-witness recognition and common design supported conviction.
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Criminal law — Aggravated robbery — requirement to prove use or threat of an offensive weapon — failure to prove weapon leads to reduction to robbery under s181(2) CPC; identification by single witness (recognition) — reliability factors; joint liability/common design (s21 Penal Code).
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28 July 2017 |
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28 July 2017 |
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27 July 2017 |
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27 July 2017 |
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27 July 2017 |
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27 July 2017 |
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26 July 2017 |
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26 July 2017 |
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25 July 2017 |
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25 July 2017 |
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25 July 2017 |
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25 July 2017 |
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25 July 2017 |
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25 July 2017 |
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25 July 2017 |
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24 July 2017 |
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24 July 2017 |
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24 July 2017 |
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High Court confirmed juvenile reformatory and approved school orders but quashed magistrate-fixed detention periods as unlawful.
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Juvenile law — reformatory order and approved school order — limits on detention periods — magistrate lacks power to fix detention duration — confirmation by High Court — best interests of the child.
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24 July 2017 |
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24 July 2017 |
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Review denied where applicant alleged substantive error in limitation computation without fresh evidence; appeal is the proper remedy.
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Civil procedure — Review under Order 39 Rule 2 — requirement of fresh material evidence or clerical error; Limitation — accrual date dispute; Review v. appeal — substantive errors require appeal; Orders 14A/33 — preliminary determination of points of law; Affidavits — admissibility and hearsay concerns.
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21 July 2017 |
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21 July 2017 |
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21 July 2017 |
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21 July 2017 |
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21 July 2017 |
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20 July 2017 |
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20 July 2017 |
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20 July 2017 |
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20 July 2017 |
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20 July 2017 |
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20 July 2017 |
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20 July 2017 |
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19 July 2017 |
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Decree nisi granted for irretrievable breakdown after two-year separation; custody, maintenance and property matters referred for determination.
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Matrimonial Causes Act s9(1)(a) — irretrievable breakdown by two-year separation; decree nisi granted under s41; custody reserved to court; maintenance and property settlement referred to Deputy Registrar; consent order as evidence.
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19 July 2017 |
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Malicious prosecution and mental anguish claims failed; defendant entitled to repayment of mistakenly paid K32,500 with interest.
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Malicious prosecution — elements (prosecution, favourable termination, lack of reasonable and probable cause, malice) — no prosecution established; Financial Intelligence Centre Act — reporting duty for suspicious transactions; Mistaken payment — restitution and repayment with interest; Damages for mental anguish and business loss — require medical evidence and strict proof of special damages.
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19 July 2017 |
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A four-year housebreaking sentence was reduced to two years because the appellant was a first offender and there were no aggravating factors.
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Criminal law — Housebreaking (s.301 Penal Code) — Sentencing — guilty plea and first offender status as mitigating factors — appellate review of sentence using Alubisho three-question test — reduction of manifestly excessive sentence.
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19 July 2017 |
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The court awarded the plaintiff US$10,743,414 for unpaid 23% foreign-currency entitlement and 5% interest per annum.
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Contract law — express terms enforceable — 23% foreign-currency repatriation entitlement — sufficiency of documentary evidence for alleged payment/reconciliation — interest on foreign-currency debt; contractual rate absent, court awarded 5% per annum — counterclaim for overpayment unproven.
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19 July 2017 |
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Whether the defendant owes the plaintiff the unpaid 23% foreign-currency contractual entitlement and appropriate interest.
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Contract law — express terms — 23% foreign-currency repatriation entitlement — admission of debt by government officials — insufficiency of defendant's evidence to prove settlement — interest on foreign-currency claim where contract silent — 5% p.a. awarded — counterclaim for Kwacha overpayment not upheld.
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19 July 2017 |
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Applicant awarded judgment for defaulted loan secured by mortgage; allowed to foreclose and recover any shortfall from directors.
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Mortgage enforcement — loan default — judgment for outstanding loan — interest rate (36% to judgment, then Bank of Zambia lending rate) — foreclosure and power of sale without further court recourse — recovery of deficiency from directors/beneficial owners.
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19 July 2017 |
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Claim for stolen vehicle dismissed for lack of contractual relationship and no vicarious liability established.
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Vicarious liability — car-park operator’s liability for theft by third parties — requirement of a contractual relationship, offer, acceptance and consideration — parking at owner's risk where no duty is proved.
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19 July 2017 |
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Court granted interim matrimonial injunction to protect the applicant and child from respondent's alleged violence and interference.
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Matrimonial law — Section 100 Matrimonial Causes Act — interim matrimonial injunction — domestic violence and child removal allegations — proximity restrictions — summary committal for breach.
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18 July 2017 |
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Court refused to order oral evidence or subpoenas where affidavit material was sufficient; discretion requires good, convincing reasons.
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Civil procedure — Originating summons — Whether court should order cross-examination and viva voce evidence under Order 30 Rule 21 — Discretion to order oral evidence requires good and convincing reasons — Affidavit evidence may suffice to decide factual disputes.
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17 July 2017 |
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Leave for judicial review refused; applicants should have pursued relief before the Ratings Tribunal.
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Judicial review — leave — Order 53 — Ratings Act s.23 (deemed grant after 60 days) — procedural impropriety — Wednesbury unreasonableness — alternative remedy before Ratings Tribunal — discretionary nature of judicial review.
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14 July 2017 |
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Whether the respondent's transfer of the vehicle to a company he controls was a sham to defeat execution.
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Civil procedure — Interpleader summons — Claim to ownership of seized chattel — Fraudulent or sham transfer — Piercing the corporate veil where company used to defeat execution — Execution against vehicle.
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14 July 2017 |
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Execution creditor must identify debtor's property; wrongful seizure of third parties' animals ordered returned and damages assessed.
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Civil procedure — Execution of judgment — Writ of fifa — Wrongful seizure of third parties' property — Interpleader — Burden to identify judgment debtor's assets — Sheriff's Act — no statutory time limit for claim to seized goods — Separate legal personality; personal property not liable absent court order.
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14 July 2017 |
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Matrimonial home held to give surviving spouse a constructive trust interest; sale set aside and purchaser not bona fide without notice.
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Family/Property law — Matrimonial home as family property excluded from intestacy rules; Constructive trust — beneficial interest of surviving spouse; Intestate Succession Act — limited application where property is family/matrimonial home; Equity — bona fide purchaser for value without notice defeated by actual/constructive notice; Remedies — set aside sale, cancel title, revaluation and equitable sharing.
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14 July 2017 |