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Citation
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Judgment date
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| November 2017 |
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27 November 2017 |
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24 November 2017 |
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24 November 2017 |
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23 November 2017 |
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Judgment after a hearing was not a default judgment; application to set it aside was dismissed with costs.
Civil procedure — Default judgment — Distinction between judgment after hearing and default judgment; originating summons — mortgage actions — requirement of leave for default judgment; setting aside judgments under Order 20 Rule 3; adjournment in Commercial Court — compelling and exceptional circumstances.
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22 November 2017 |
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An applicant cannot secure the full disputed sum where the debtor validly assigned receivables to third-party creditors acknowledged by the debtor.
Arbitration — interim measures — Court may grant orders securing amounts in dispute — Assignments of receivables — validity and effect upon notice to debtor — priority of competing assignments — limitation on court deciding substantive issues pending arbitration.
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22 November 2017 |
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22 November 2017 |
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20 November 2017 |
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20 November 2017 |
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17 November 2017 |
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Court granted interim injunction restraining respondent from foreclosing secured assets pending trial, finding a serious question to be tried.
Interim injunction — preservation of status quo — serious question to be tried — adequacy of damages — balance of convenience — equitable discretion — foreclosure of security pending trial.
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17 November 2017 |
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17 November 2017 |
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16 November 2017 |
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15 November 2017 |
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15 November 2017 |
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Mandatory interlocutory injunction granted to reopen plaintiffs' premises after plaintiffs showed a strong prima facie title.
Interlocutory mandatory injunction — exceptional remedy — requirements: strong prima facie case, likelihood of success, irreparable injury, balance of convenience; competing Certificates of Title in land dispute; boundary verification by surveyor; disputes over authenticity and priority reserved for trial.
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9 November 2017 |
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Claim against supplier held statute-barred; court found bank had transferred funds and dismissed bank claim.
Limitation of actions – accrual of cause of action – discontinuance does not stop time running – no concealment to toll limitation; Joinder after expiry of limitation period – inadmissible; Summary determination (Order 14A) – documentary proof of bank transfer sufficient to dispose claim without full trial.
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9 November 2017 |
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Court declared applicant male on medical evidence and ordered amendment of birth and examination records; deed-poll order refused.
Sex determination — criteria (chromosomal, gonadal, genital, psychological, secondary sexual characteristics); evidence-based declaration of legal sex; limits on court-ordered deed poll; amendment of birth and examination records; High Court jurisdiction and proper commencement.
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8 November 2017 |
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8 November 2017 |
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7 November 2017 |
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Petitioner proved irretrievable breakdown due to respondent's infidelity and unreasonable conduct; decree nisi granted.
Matrimonial Causes Act s8 & s9(1)(b) — irretrievable breakdown — unreasonable behaviour — infidelity and birth of another man's child — objective test for unreasonable behaviour — custody, maintenance and property settlement.
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3 November 2017 |
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3 November 2017 |
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3 November 2017 |
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2 November 2017 |
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1 November 2017 |
| October 2017 |
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31 October 2017 |
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31 October 2017 |
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31 October 2017 |
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31 October 2017 |
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30 October 2017 |
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30 October 2017 |
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30 October 2017 |
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Garnishee proceedings: court ordered payment of funds held by garnishees to satisfy an outstanding judgment, permitting execution on default.
:[
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25 October 2017 |
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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"]
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25 October 2017 |
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25 October 2017 |
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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.
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23 October 2017 |
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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.
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23 October 2017 |
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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.
:[
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23 October 2017 |
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23 October 2017 |
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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.
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20 October 2017 |
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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.
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20 October 2017 |
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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.
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17 October 2017 |
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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.
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16 October 2017 |
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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.
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16 October 2017 |
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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.
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16 October 2017 |
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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.
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13 October 2017 |
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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.
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12 October 2017 |
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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.
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11 October 2017 |
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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.
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10 October 2017 |
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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.
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10 October 2017 |