Results.
78 judgments found.
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| August 2020 |
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Ex‑parte leave to substantially amend pleadings was improper; amendments should be sought inter‑partes and usually on costs.
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Civil procedure — Amendment of pleadings — Leave to amend may be granted at any stage but ordinarily on terms as to costs — Substantial or post‑defence amendments ought to be heard inter‑partes — Ex‑parte order to amend set aside.
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31 August 2020 |
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31 August 2020 |
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31 August 2020 |
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31 August 2020 |
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31 August 2020 |
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Employer breached duty to provide a safe wash bay; plaintiff awarded damages; contributory negligence unsuccessful.
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Employer duty of care — workplace safety and supervision — inadequate wash‑bay controls and signage — breach of duty — causation — contributory negligence rejected — Mines and Minerals Act strict liability applies to registered holder only — assessment of damages (pain and suffering, permanent incapacity, loss of prospective earnings).
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31 August 2020 |
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Consent order extending a mortgage to include taxed costs bars discharge until those costs are paid; challenge requires fresh action.
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Mortgage law — discharge of registered mortgage — effect of consent order — consent judgment extending mortgage to include taxed costs — consent orders binding — setting aside consent order requires fresh action — procedural fairness and equality of arms — disregarding late written submissions filed without leave.
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30 August 2020 |
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A party cannot enforce a default judgment or relitigate claims in an action previously dismissed for abuse of court process.
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Civil procedure — Abuse of court process — Multiplicity of actions and forum shopping — Dismissal for abuse renders subsequent enforcement attempts and reproduced default judgments unenforceable — Res judicata — Reconstructed record and authenticity of prior rulings.
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30 August 2020 |
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Illegality defence rejected; respondents must refund monies received and face damages for fraudulent misrepresentation.
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Contract law — Illegality defence; unjust enrichment — money had and received; fraudulent misrepresentation; assessment of damages; counterclaim dismissed for lack of proof.
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30 August 2020 |
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28 August 2020 |
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Application to decide ultra vires and authority issues as a preliminary point dismissed because contested factual issues require a full trial.
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Civil procedure — Order 14A (White Book) — Preliminary point of law — suitability for determination without full trial; Companies law — directors’ authority, ultra vires and articles; Companies Act ss.23–24 — effect of acts contrary to articles; privity and personal guarantees; evidential limits of affidavit applications.
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28 August 2020 |
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28 August 2020 |
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27 August 2020 |
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27 August 2020 |
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27 August 2020 |
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26 August 2020 |
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26 August 2020 |
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26 August 2020 |
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25 August 2020 |
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25 August 2020 |
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25 August 2020 |
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25 August 2020 |
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25 August 2020 |
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25 August 2020 |
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25 August 2020 |
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Interlocutory injunction granted to restrain alleged unlawful mining/exploration on disputed land pending trial.
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Interlocutory injunction — American Cyanamid test: serious question to be tried; adequacy of damages; balance of convenience — preservation of status quo — competing surface rights and mining/exploration rights — environmental assessment and Director of Mines' consent issues.
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22 August 2020 |
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21 August 2020 |
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Administrator's invalid appointment and sale without court sanction rendered property transfer void; purchaser must account.
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21 August 2020 |
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21 August 2020 |
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21 August 2020 |
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21 August 2020 |
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20 August 2020 |
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20 August 2020 |
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Order 47(1) permits stays only for fi. fa.; a writ of possession already executed (and sold) cannot be stayed.
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Civil procedure — Stay of execution — Order 47(1) (White Book) applies to writs of fieri facias, not writs of possession; once possession is executed (and the property sold) there is nothing to stay; stays require good and convincing reasons; enforcement of consent settlement and foreclosure on default.
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20 August 2020 |
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Receiver appointed by equitable execution; injunction confirmed; instalment payment application dismissed for inadequate financial disclosure.
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Equitable execution — appointment of receiver where ordinary execution is ineffective; ancillary interim injunction — confirmation; payment by instalments — burden of full financial disclosure; exhaustion of remedies not strictly required if just and convenient.
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20 August 2020 |
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20 August 2020 |
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20 August 2020 |
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20 August 2020 |
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19 August 2020 |
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Accused convicted of attempted murder and murder; evidence credible and corroborated; mandatory death sentence imposed.
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Criminal law — Murder and attempted murder — Eyewitness credibility and corroboration — Post‑mortem evidence — Malice aforethought — Mandatory death sentence.
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19 August 2020 |
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18 August 2020 |
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18 August 2020 |
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18 August 2020 |
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Court quashed termination approval for procedural impropriety and bias, holding Section 65A powers must be exercised impartially.
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Administrative law
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Judicial review of administrative action — Bias/conflict of interest and procedural fairness — Natural justice
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Unreasonableness — Wednesbury test — Applicability and threshold for review
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Labour law — Recognition agreements — Termination procedure under statute (Section 65A) versus contractual clause (Clause 18)
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17 August 2020 |
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A statutory public body cannot sue for defamation based on corruption allegations; action dismissed for want of cause of action.
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Defamation — capacity of statutory/public bodies to sue; Malicious falsehood — imputations of corruption against corporate bodies; Strike out for failure to disclose cause of action; Application of English common law in Zambia.
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17 August 2020 |
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17 August 2020 |
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17 August 2020 |
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A credible single identifying witness, properly corroborated, can sustain an aggravated robbery conviction despite unrecovered property.
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Criminal law — Aggravated robbery (s.294(1)) — elements: theft, use/threat of actual violence, offensive weapon or company — identification evidence — reliability of single identifying witness — corroboration and unrecovered stolen property.
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17 August 2020 |
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15 August 2020 |
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14 August 2020 |