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Citation
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Judgment date
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| May 2020 |
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29 May 2020 |
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Court dismissed interim injunction in procurement dispute, finding arbitration regime and adequacy of damages weigh against equitable relief.
Public Procurement — arbitration clause — court’s power to grant interim relief before arbitral tribunal appointed; interlocutory injunction — American Cyanamid principles — serious question to be tried; adequacy of damages; balance of convenience; possible unclean hands.
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29 May 2020 |
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29 May 2020 |
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29 May 2020 |
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28 May 2020 |
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28 May 2020 |
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28 May 2020 |
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27 May 2020 |
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27 May 2020 |
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27 May 2020 |
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27 May 2020 |
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26 May 2020 |
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26 May 2020 |
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26 May 2020 |
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26 May 2020 |
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22 May 2020 |
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21 May 2020 |
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Court refused to review its dismissal for non-compliance with Orders for Directions; counsel’s omission insufficient to reopen the case.
Civil procedure – Review of own judgment under Order 39(1) – Dismissal for non-compliance with Orders for Directions under Order 41(3) – Procedural compliance and sanctions – No review where no new evidence or sufficient grounds shown.
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21 May 2020 |
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21 May 2020 |
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Stay of execution refused where applicant’s appeal lacked real prospects and special circumstances were not shown.
Civil procedure — Stay of execution pending appeal — Two-fold test: real prospects of success and irreparable harm — Prospects of success is the key consideration — No stay where appeal lacks reasonable chance of success — Breach of contract.
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21 May 2020 |
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21 May 2020 |
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21 May 2020 |
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Failure to file the mandatory Notice of Intention to Proceed after one year rendered the assessment application a nullity; leave to reply refused.
Civil procedure – Order 2 Rule 3 High Court Rules – Notice of Intention to Proceed after one year – Failure to comply renders subsequent proceedings a nullity and deprives court of jurisdiction; leave to file affidavit in reply refused; party permitted to file Notice of Intention to Proceed and thereafter notice of assessment.
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20 May 2020 |
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18 May 2020 |
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18 May 2020 |
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Deposit of title deeds creates an equitable mortgage entitling lender to foreclosure nisi, then absolute foreclosure if unpaid.
Mortgage law – Equitable mortgage by deposit of title deeds – Borrower identity – Default and outstanding debt – Remedies of equitable mortgagee limited to foreclosure (no statutory power of sale or automatic possession) – Enforceability of contractual interest.
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18 May 2020 |
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Applicant's inability to pay legal fees did not justify inordinate delay; leave to appeal out of time was dismissed.
Civil procedure – Leave to appeal out of time – Order III, Rule 2 – inordinate delay – insufficiency of financial inability as sole explanation – duty to lodge notice of appeal – discretion exercised in interests of justice.
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18 May 2020 |
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18 May 2020 |
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18 May 2020 |
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Certificate of title is conclusive absent distinctly proved fraud; defendants failed to prove fraud and were found to have trespassed.
Land law – Certificate of title conclusive; impeachment only on clear, distinctly pleaded and proved fraud – Lands and Deeds Registry Act ss.33–35; Res judicata – requirements and scope; Trespass to land – unjustifiable interference with possession; Particularity of pleading fraud; Assessment of damages by Deputy Registrar.
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18 May 2020 |
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18 May 2020 |
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Employee's claims for gratuity, unpaid allowances and commission dismissed; employer's recovery of staff loan and advances upheld with interest.
Employment law — fixed-term contract — gratuity payable only on successful completion — no pro rata entitlement absent contractual/statutory basis; burden of proof on claimant; payroll and HR documents as proof of payment; employer entitled to recover loans and advances paid on assumption of contract completion; notice requirement and forfeiture consequences.
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15 May 2020 |
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15 May 2020 |
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15 May 2020 |
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14 May 2020 |
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14 May 2020 |
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Rule 77(4) disclosure requires a specific affidavit matter; variation/discharge of a High Court ruling must be applied to in the High Court.
Family law – Ancillary relief – Rule 77(4) Matrimonial Causes Rules 1973 – Scope of requests for further information – Relevance requirement; Procedure – Appeal from Deputy Registrar to judge in Chambers – rehearing de novo; Civil procedure – Proper forum for variation/discharge of High Court ruling versus property-settlement applications.
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14 May 2020 |
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14 May 2020 |
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14 May 2020 |
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14 May 2020 |
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14 May 2020 |
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14 May 2020 |
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Court found two plot descriptions referred to the same land, cancelled a tainted title for impropriety, and upheld the plaintiff's ownership.
Land law – boundary/identification disputes – whether differing plot identifiers describe same parcel; certificate of title conclusive but voidable for fraud or procedural impropriety; survey diagrams and offer letters as evidence of location; cancellation of title for anomalous issuance.
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14 May 2020 |
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14 May 2020 |
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Seller entitled to price where unascertained goods were ascertained and property passed on delivery; counterclaim dismissed for want of prosecution.
Sale of Goods Act 1893 – unascertained goods – ascertainment by invoicing and appropriation – property passes on delivery – seller's right to sue for price under s49; counterclaim dismissed for want of prosecution.
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14 May 2020 |
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13 May 2020 |
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Court entered judgment on admission for unpaid invoice, ordered interest and three monthly instalments with acceleration on default.
Commercial procedure – Judgment on admission; Order LIII r.6 High Court (Amendment) Rules S.I. No.27/2012 – failure to specifically traverse allegations deemed admission – admission of indebtedness – interest at short-term deposit and Bank of Zambia lending rates – instalment payment with acceleration on default; Practice Directions; China Henan precedent.
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12 May 2020 |
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11 May 2020 |
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11 May 2020 |
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Buyer entitled to damages and reimbursement after seller delivered a non‑operational refurbished rig late; counterclaim dismissed.
Sale of Goods Act 1893 – concurrent payment and delivery – implied condition of fitness for purpose (s14(1)) where buyer relies on seller’s skill – express warranty breach – remedies: damages and reimbursement of repair parts – insufficiency of evidence for loss of revenue/reputation – dismissal of counterclaim for exchange losses.
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11 May 2020 |