Results.
47 judgments found.
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| June 2020 |
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Whether enforcement proceedings after a Charging Order amount to multiplicity of actions or abuse of court process.
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Civil procedure — Abuse of court process; multiplicity of actions — Charging Order procedure — two-stage process (order nisi and enforcement) — summary determination under Order 14A — necessity of full trial to determine title irregularities.
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30 June 2020 |
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An employer is liable where an employee with ostensible authority contracts and receives payment, even if the employee acted fraudulently.
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Agency – ostensible/apparent authority; Turquand rule/indoor management; employer liability for employee’s fraudulent acts within scope of ostensible authority; contract formation by conduct/receipts; damages for non-performance.
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30 June 2020 |
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30 June 2020 |
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30 June 2020 |
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30 June 2020 |
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Joinder binds later parties to existing injunctions; court cannot later impose additional security for damages.
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Interlocutory injunction — Joinder under Order 14 — Binding effect of later-joined parties — Undertaking as to damages — Fortification — No power to impose additional security after grant — Stare decisis.
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30 June 2020 |
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30 June 2020 |
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30 June 2020 |
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Court confirmed interim detention and preservation of disputed vehicles to protect the plaintiffs' claim pending trial.
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30 June 2020 |
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30 June 2020 |
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30 June 2020 |
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Interlocutory injunction granted to restrain alleged defamatory publications where prima facie case and damages inadequate.
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Defamation — Interlocutory injunction; requirement that words be unarguably defamatory; justification (truth) — necessity of reasonable grounds; fair comment — sufficient factual basis and opinion v. fact; intention to repeat publication; adequacy of damages for reputational harm to public figures; Bonnard v Perryman principles.
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30 June 2020 |
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30 June 2020 |
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30 June 2020 |
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A registered foreign foundation had capacity and was entitled to injunctive protection and equitable compensation for improvements.
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Privity and legal capacity of foreign foundation; leasehold covenant of quiet enjoyment; injunction and equitable relief; compensation for improvements (equitable jurisdiction); non‑party claims inadmissible.
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30 June 2020 |
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30 June 2020 |
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Late payment and mistaken area charges did not entitle the applicant to renewal; licence validly granted to respondent.
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Mining law — Small‑scale gemstone licences — Renewal v fresh application — Statutory requirements and effect of late application (ss.64, 70, 65)
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Administrative law / Mining law — Annual/area charges — Effect of erroneous acceptance of arrears on licence entitlement (s.143)
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Public servants — Eligibility and conflict — Whether government employment disqualifies or establishes improper influence in obtaining mining rights
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30 June 2020 |
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30 June 2020 |
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29 June 2020 |
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29 June 2020 |
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29 June 2020 |
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26 June 2020 |
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26 June 2020 |
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26 June 2020 |
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Arbitration clause held inoperative as a defendant is a non‑party; court refused stay and upheld interim injunction.
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Arbitration clause — jurisdiction — arbitration clause inoperative where a party to proceedings is not party to arbitration agreement — stay and referral to arbitration refused — ex‑parte interim injunction upheld.
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26 June 2020 |
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26 June 2020 |
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25 June 2020 |
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25 June 2020 |
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25 June 2020 |
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Secured creditor proved loan and mortgage but seizure of movable collateral without express contractual consent and court order was irregular.
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Security interests — Movable Property (Security Interest) Act s.72(3) — Requirement of express contractual consent to relinquish possession without court order — Validity and enforceability of freely executed loan agreements — Consequences of unlawful seizure and auction of movable collateral.
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25 June 2020 |
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Court refuses arbitration referral where a non-party to the arbitration clause is joined and preserves interim injunction.
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Arbitration clause — inoperative where a party to the court proceedings is not party to the arbitration agreement; court retains jurisdiction — Order 45 referral requires parties’ consent — interim injunction not discharged for alleged non-disclosure.
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25 June 2020 |
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Application to review dismissal for want of prosecution refused: no fresh material established and parties failed to comply with directions.
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Civil procedure — Review of judgment under Order XXXIX r1 — Fresh evidence requirement — Dismissal for want of prosecution — Failure to comply with directions — Judicial discretion to reopen judgment.
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22 June 2020 |
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Leave granted to amend pleadings to seek rescission and caveat removal; plaintiff ordered to pay amendment costs.
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Civil procedure — Amendment of pleadings — Leave to amend at late stage — Order XVIII High Court Rules; Order 20 Rules (Supreme Court) — Whether amendment alters real question in controversy or causes prejudice — Costs where amendment causes inconvenience.
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20 June 2020 |
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19 June 2020 |
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19 June 2020 |
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19 June 2020 |
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17 June 2020 |
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The court dismissed the plaintiff's claim for failure to plead material facts, finding no forum shopping.
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Civil procedure — Abuse of process — Multiplicity of actions and forum shopping — Subordinate Court monetary jurisdiction limit — Pleading requirements under Order LIII, r.6(1) — Failure to state material facts — Dismissal with costs; leave to commence fresh proceedings.
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15 June 2020 |
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Claim dismissed for failing to plead material facts; forum shopping rejected due to Subordinate Court’s jurisdictional limit.
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Civil procedure — multiplicity of actions and abuse of process; forum shopping; requirement to plead material facts (Order LIII r.6(1) High Court Rules); dismissal for deficient statement of claim; Subordinate Court monetary jurisdiction.
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15 June 2020 |
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5 June 2020 |
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Consent order not set aside: no duress or undue influence; employer-employee status alone does not vitiate consent.
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Civil procedure — Consent judgments — Setting aside consent orders — Allegations of duress and undue influence — Employer-employee relationship does not create presumption of undue influence — Fresh action required to challenge consent judgment.
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5 June 2020 |
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Whether alleged post‑incorporation share allotments complied with the Companies Act and whether K20,000 was improperly withdrawn.
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Company law — share transfers and allotments — compliance with Companies Act and Articles — requirement for transfer instruments, share certificates, notice and certified resolutions — invalidity of unproved allotments and unauthorized withdrawals — restoration of register and preservation of funds.
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4 June 2020 |
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4 June 2020 |
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2 June 2020 |
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Plaintiffs entitled to be offered institutional houses after a binding ministerial directive; damages for mental anguish not proven.
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Parastatal housing sales — 1996 Government homeownership policy — Institutional (pool) houses — Eligibility under Civil Service Home Ownership Scheme Handbook — Ministerial direction mandatory under statute — Board’s refusal inconsistent with guidelines — Damages for mental anguish require proof.
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2 June 2020 |
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1 June 2020 |
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Whether the children's best interests require remaining with the respondent in South Africa or transfer to the petitioner in Zambia.
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1 June 2020 |