Results.
469 judgments found.
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| 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 — Judicial review of administrative action — Bias/conflict of interest and procedural fairness — Natural justice
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Labour law — Recognition agreements — Termination procedure under statute (Section 65A) versus contractual clause (Clause 18)
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Administrative law — Unreasonableness — Wednesbury test — Applicability and threshold for review
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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 |
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Whether self‑defence negated murder and whether prosecution proved common intention against the accused.
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Criminal law — murder — requirement to prove death, causation and malice aforethought beyond reasonable doubt — self‑defence as negating malice; suspect/ interested witness — danger of false implication and need for corroboration; common intention (s.22 Penal Code) — requirement of evidence linking co‑accused to the probable consequence of the unlawful purpose.
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12 August 2020 |
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11 August 2020 |
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Interim injunction confirmed in land dispute where plaintiff holds prima facie title and damages are inadequate.
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Interim injunction — American Cyanamid tests — serious question to be tried; land disputes — inadequacy of damages; balance of convenience favouring party in possession of title; confirmation of ex parte injunction.
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10 August 2020 |
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Court awarded partial repayment to the main plaintiffs; 7th plaintiff and defendants' counterclaim failed for lack of evidence.
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Contract/Commercial law — proof on balance of probabilities — burden of proof; failure to call evidence and consequences; validity of agreements — undue influence, language/understanding, illegality; reception of witness statements and requirement for oral evidence.
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10 August 2020 |
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Whether a contractual forum-selection clause ousts Zambian High Court jurisdiction in favour of South African courts.
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Private international law — forum-selection clause — Clause submitting disputes to Magistrates' Courts of South Africa with creditor's option to sue in South African High Court — contractual interpretation — contra proferentum — ouster of domestic jurisdiction — forum non conveniens principles (Spiliada).
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10 August 2020 |
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Allegations of fraud in affidavit upheld where pleaded in statement of claim; corporate veil cannot be pierced on a misjoinder application.
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Civil procedure — misjoinder — allegation of fraud must be pleaded with particularity; affidavit evidence not an ambush where statement of claim gives sufficient particulars — corporate veil cannot be pierced on misjoinder application absent specific application to do so.
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10 August 2020 |
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8 August 2020 |
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7 August 2020 |
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7 August 2020 |
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7 August 2020 |
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7 August 2020 |
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7 August 2020 |
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7 August 2020 |
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7 August 2020 |
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A defendant may apply to set aside a default judgment despite judicial remarks deeming the matter closed; Registrar erred.
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Civil procedure — setting aside default judgment — distinction between default of appearance/defence and after‑trial default judgments — Orders XII r.2 and XX r.3 HCR (and Order 19 r.9 RSC) permit setting aside without the seven‑day limit in Order 35 r.2 RSC — judge’s observational remarks do not oust jurisdiction to hear set‑aside application.
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7 August 2020 |
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6 August 2020 |
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6 August 2020 |
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6 August 2020 |
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5 August 2020 |
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5 August 2020 |
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5 August 2020 |
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Application to set aside judgment dismissed for failure to show sufficient cause where applicant had notice and opportunity to participate.
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Civil procedure — Setting aside judgment obtained in absence — Order XXXV, Rules 3 and 5 — "Sufficient cause" — Notice of hearing and opportunity to participate — Failure to show compelling excuse.
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5 August 2020 |
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5 August 2020 |
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5 August 2020 |
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4 August 2020 |
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4 August 2020 |
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4 August 2020 |
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Court upheld purchaser's registered title, found defendants' competing sale invalid, awarded mesne profits and costs.
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Property law — validity of competing conveyances — registration and title — genuineness of title documents and duplicate titles — administratorship timing and authority to sell — mesne profits for wrongful possessors.
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1 August 2020 |
| July 2020 |
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31 July 2020 |