|
Citation
|
Judgment date
|
| August 2017 |
|
|
Further affidavits filed after the affidavit in reply in originating summons proceedings require leave of court; lack of leave warranted expungement.
Civil procedure — Affidavit evidence in originating summons — Sequence: affidavit in support, opposition, reply — Further affidavits require leave of court — White Book as default to fill lacunae — Discretion to admit extra affidavits only on application.
|
31 August 2017 |
|
Affidavits filed after an affidavit in reply in originating summons proceedings require prior leave; unauthorised affidavits expunged.
Originating summons — affidavit evidence — sequence: affidavit in support, opposition, reply — further affidavits require leave; Section 10 High Court Act — resort to White Book; Court discretion to admit extra affidavits but requires interlocutory application; expunction and costs.
|
31 August 2017 |
|
Additional affidavits filed after reply in originating-summons proceedings require leave; unauthorised affidavits were expunged.
Originating summons — affidavit evidence sequence; additional affidavits require leave of court; Section 10 High Court Act — recourse to White Book; Order LIII Rule 10 — interlocutory application; expungement of unauthorised affidavits.
|
31 August 2017 |
|
An advocate’s application to be declared ceased must be made before final judgment; post-judgment applications are irregular.
Civil procedure — Change/cessation of advocate — Order IV r.1 permits change by notice; Order 67 r.6 allows declaration but must be before final conclusion — application after judgment irregular.
|
31 August 2017 |
|
|
31 August 2017 |
|
The accused was acquitted because prosecution evidence was speculative and failed to establish a prima facie case of murder.
Criminal law — no-case-to-answer; prima facie proof of murder under Section 200 Penal Code; circumstantial evidence and inference; reliance on pathologist's report; requirement for cogent evidence beyond speculation.
|
31 August 2017 |
|
Fixed‑term contract renewal expectation created by employer conduct; non‑renewal due to pregnancy was unlawful and amounted to unfair dismissal.
Labour law – fixed‑term contracts – legitimate (reasonable) expectation of renewal – continuation after expiry – pregnancy discrimination and maternity leave – unfair dismissal – Employment Act (Act No. 15/2015) s28C(2), s34(4) – remedies: compensatory damages.
|
30 August 2017 |
|
Sentencing for manslaughter: first‑offender status and remorse resulted in a three‑year term backdated to arrest.
Criminal law – Manslaughter – Sentencing – Mitigation: first offender, remorse, family responsibilities – Custody credit (sentence backdated).
|
30 August 2017 |
|
Applicant entitled to repayment, possession, foreclosure and sale after respondent's mortgage default; remedies held cumulative.
Mortgage law — Mortgagee entitled to payment, possession, foreclosure and sale; mortgagee's remedies cumulative; substituted service and default; interest and enforcement timeframe.
|
30 August 2017 |
|
|
29 August 2017 |
|
Court exercised leniency in murder sentencing, imposing 15 years' imprisonment with hard labour, backdated to arrest.
Criminal law – Murder – Sentencing – Mitigating factors (youth, first offender, remorse) – Leniency – Sentence backdated to date of arrest – Imposition of hard labour.
|
29 August 2017 |
|
Failure to obtain statutory change-of-use and subdivision permission requires remedial applications, not automatic refund of purchasers.
Town and Country Planning Act – change of use and subdivision – requirement to obtain permission before demarcation and sale of residential plots; Municipal council negligence in issuing and revoking building permits; remedial orders versus refund of purchase money; procedural non-compliance by landowner.
|
28 August 2017 |
|
Whether the defendant is entitled to costs incidental to the plaintiff's withdrawal after delay following a dismissal application.
Civil procedure – costs – discontinuance/withdrawal – "costs incidental to" withdrawal – discretion under Order XL r6 and notice consequences under Order XVII r1 – taxation in default of agreement; Re Gibson's Settlement Trust applied.
|
28 August 2017 |
|
An interlocutory prohibitory injunction cannot issue absent a pleaded substantive cause of action and a serious question to be tried.
Planning/zoning — alleged unlawful change of land use — application for prohibitory injunction; Civil procedure — interlocutory injunctions — American Cyanamid test; Requirement that an injunction be grounded in a pleaded substantive cause of action; Change of land‑use application and administrative process versus immediate judicial restraint.
|
24 August 2017 |
|
Court refused to strike out administrator and ordered joinder of the registered corporate proprietor given the estate's admitted interest.
Civil procedure — Misjoinder — Order XIV Rule 5(2) — Judicial discretion in striking out parties — Cause of action — Administrator in representative capacity — Corporate separate legal personality — Joinder of persons likely to be affected by outcome.
|
23 August 2017 |
|
Court refused to strike the administrator and ordered the registered proprietor joined as defendant.
Civil procedure — Joinder and misjoinder — Order XIV Rule 5(2) — Judicial discretion to strike out parties — Representative capacity of estate administrators — Joinder of registered proprietor/company with an interest in disputed land.
|
23 August 2017 |
|
|
22 August 2017 |
|
An affidavit advancing legal argument breaches the rules and may be expunged with costs.
Civil procedure — Affidavits — Prohibition on legal argument, objections or conclusions in affidavits (Order V Rules 15–16 High Court Rules) — Affidavit defective in substance — Expungement and costs — Leave to appeal.
|
22 August 2017 |
|
|
22 August 2017 |
|
Court granted absolute discharge to a young first‑time offender convicted of attempted murder based on mitigation and guilty plea.
Criminal law – Attempted murder – Sentencing discretion – Absolute discharge – Mitigation: youth, first offender, guilty plea, childcare responsibilities – Section 215 Penal Code: no mandatory minimum.
|
22 August 2017 |
|
|
22 August 2017 |
|
Court entered judgment for the debt, allowed a four-month redemption period, and authorised foreclosure and sale if unpaid.
:[
|
21 August 2017 |
|
|
21 August 2017 |
|
|
18 August 2017 |
|
|
18 August 2017 |
|
Sentencing for manslaughter arising from sustained domestic gender-based violence balancing mitigation and denunciation.
Criminal law – Manslaughter; Sentencing – weight of mitigation (first offender, remorse, early plea) versus denunciation and deterrence; Gender-based violence – sustained domestic assault resulting in fatal blunt force head injury; Commencement of sentence and right of appeal.
|
18 August 2017 |
|
|
18 August 2017 |
|
|
18 August 2017 |
|
A habeas corpus application must be personal and strictly comply with Order 54; joint/class communal affidavits are impermissible.
Habeas corpus — personal nature of the writ; Order 54 (White Book) — affidavit requirements; joint/class applications impermissible; procedural compliance mandatory; absence of opposing affidavit not determinative; English Habeas Corpus Acts not part of Zambian written law.
|
17 August 2017 |
|
Accused first-time offender sentenced to seven years for manslaughter despite mitigation and guilty plea.
Criminal law — Manslaughter — Sentencing — Excessive use of force in commercial dispute — Mitigation: youth, first offender, remorse, guilty plea — Deterrence and proportionality — Backdating sentence to date of arrest — Right to appeal.
|
17 August 2017 |
|
Plaintiff recovered unpaid legal fees; second defendant’s oral undertaking established personal liability; taxation remedy not pursued.
Contract for legal services; recovery of unpaid legal fees; parol evidence admissible to prove collateral oral undertaking; Order 50 High Court Rules (taxation of bill) — failure to apply within one month; director's personal undertaking to pay; interest and costs awarded.
|
17 August 2017 |
|
|
16 August 2017 |
|
Court ordered preliminary legal issues under Order 14A be heard before the application to discharge an injunction.
Civil procedure – Order 14A Rules 1 & 2 – Preliminary issues – Whether a preliminary point of law may be determined by motion before an interlocutory application and whether such determination need dispose of the entire cause.
|
15 August 2017 |
|
Accused sentenced to three years' imprisonment with hard labour for manslaughter despite mitigation due to alcohol-fuelled violence.
Criminal law — Manslaughter — Sentencing: mitigation (youth, first offender, remorse, early plea) weighed against aggravation (alcohol-fuelled violence, immaturity, violence against women) — Custodial sentence with hard labour backdated to date of arrest.
|
15 August 2017 |
|
Driver fined with default imprisonment for causing death by dangerous driving; known defective brakes and profit motive were aggravating factors.
Criminal law — Causing death by dangerous driving (s.161(1)) — Sentencing — Mitigating factors: guilty plea, first offender, remorse, assistance to victim — Aggravating factors: knowledge of defective brakes, profit motive — Fine with default imprisonment.
|
15 August 2017 |
|
Judgment on admission for loan repayment; legal mortgage over one stand unproven; third-party mortgage enforceable after notice of default.
Civil procedure – judgment on admission; Mortgage enforcement – necessity of proving legal mortgage; Third-party (guarantor) mortgage – notice of default activates enforcement; Equity – right to redeem but court discretion requires application and prospects of repayment.
|
15 August 2017 |
|
Court dismissed application for leave to serve a winding up petition outside jurisdiction; High Court Rules do not permit such service.
Companies law – Service out of jurisdiction – Winding up petitions – Section 272(1) Companies Act and Rule 8 (Winding Up) Rules do not authorize service out; High Court Rules Order 10 rr.15–16 limit service out to specified originating processes; Leopold Walford applies to writs only.
|
14 August 2017 |
|
Interlocutory injunction granted to preserve disputed titled land pending trial; perishable crops harvesting allowed within 30 days.
Land law – interlocutory injunction – ownership dispute – certificate of title v. council allocation/consent order – injunction test: serious question to be tried and irreparable injury – adequacy of damages – preservation of status quo – perishable crops exception.
|
14 August 2017 |
|
|
11 August 2017 |
|
|
11 August 2017 |
|
|
10 August 2017 |
|
|
10 August 2017 |
|
|
10 August 2017 |
|
|
9 August 2017 |
|
|
9 August 2017 |
|
|
9 August 2017 |
|
|
9 August 2017 |
|
|
9 August 2017 |
|
|
9 August 2017 |
|
The applicant failed to prove alleged fraudulent share alterations; the respondent confirmed as bona fide shareholders and directors.
Company law – increase of share capital and allotment of shares – validity and procedural compliance; transfer of shares – effect of voluntary signed transfer forms; fraud and undue influence – burden of proof on alleging party; embezzlement allegations – requirement for accounting and audited evidence; directors’ rights – entitlement to remuneration/dividends and right to an accounting.
|
9 August 2017 |