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Citation
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Judgment date
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| July 2020 |
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Post-judgment joinder is improper under Order 14 Rule 5(1); consent judgments must be challenged by fresh action.
Joinder — Order 14 Rule 5(1) — "at or before the hearing" construed as before delivery of judgment; Post-judgment joinder only in exceptional circumstances; English Rule 15 more permissive but not applicable to modify Zambian rule; Consent judgments to be set aside by fresh action (fraud, misrepresentation, non-disclosure, mistake).
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31 July 2020 |
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30 July 2020 |
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30 July 2020 |
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30 July 2020 |
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30 July 2020 |
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29 July 2020 |
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A later suit by associated persons may be stayed until costs awarded in an earlier related action are paid.
Civil procedure – Stay of proceedings pending payment of costs – Subsequent action founded on the same cause of action may be stayed until earlier costs are paid – Order 40 Rule 8 – Associated parties and identical cause/subject matter – English authorities Martin v Earl Beauchamp, James M'Cabe.
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27 July 2020 |
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22 July 2020 |
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Whether the defendant negligently caused the plaintiff's gunshot injuries and is vicariously liable.
Negligence — duty of care owed to visitors on land; negligent use of firearm; vicarious liability for acts of servant/agent; entitlement to damages; counterclaim for alleged looting not established.
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20 July 2020 |
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The applicant was granted a confirmed interim injunction to protect pawned vehicles pending trial after demonstrating real prospects of success.
Interlocutory injunctions – application of American Cyanamid principles – serious question to be tried; adequacy of damages; balance of convenience – pawn agreements and right to sell security – provisional relief pending trial.
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20 July 2020 |
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Whether the applicant demonstrated sufficient prospects of success to justify a stay of execution pending appeal.
Civil procedure — Stay of execution pending appeal — Order 59 Rule 13 — Appeal does not automatically stay execution — Applicant must show strong prospects of success or risk of rendering appeal nugatory — Court may preview memorandum of appeal.
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20 July 2020 |
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An interlocutory injunction was refused where the disputed pipe had been removed and damages were an adequate remedy.
Interlocutory injunctions — requirement of clear right and irreparable injury — useful purpose/mootness where subject matter removed — adequacy of damages as remedy — American Cyanamid principles.
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20 July 2020 |
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Court set aside costs awarded against defendants where alleged procedural default was due to inadvertence, ordering costs in the cause.
Civil procedure – costs – discretion under Order 40 (rule 6) – award of costs for procedural default – default judgment set aside where defence was on record – costs in the cause.
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17 July 2020 |
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Installation nullified for breaching Chibwika customary rotation, matrilineal succession and deficient selection procedures.
Chieftaincy succession – Customary law – Matrilineal succession and rotation of royal families – Role of senior chief in recognition – Validity of selection/installation procedures (representation, instruments of power, stakeholder involvement).
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17 July 2020 |
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Application to set aside a perfected judgment dismissed as abuse of process; affidavit by legal assistant deemed ineffectual; costs to applicant.
Civil procedure – application to set aside judgment – abuse of court process; affidavits by advocates' assistants in contentious matters ineffectual (Chikuta v Chipata); res judicata; perfected judgment and execution; costs to successful party.
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17 July 2020 |
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17 July 2020 |
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Acquittal where identification was unreliable, alibi unrefuted, and ballistic evidence failed to corroborate prosecution case.
Criminal law — Identification evidence — single identifying witness — reliability in poor visibility and traumatic circumstances; Alibi — prosecution duty to disprove; Ballistic evidence — chain of custody and corroboration; Proof beyond reasonable doubt.
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17 July 2020 |
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16 July 2020 |
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16 July 2020 |
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Registrar cannot cancel duly issued titles under s11(1) absent valid re-entry procedure or proved fraud.
Lands and Deeds Registry Act s11(1) – correction of register; limits on Registrar’s power to cancel titles – Lands Act s13 re-entry notice and service requirements; Lands and Deeds Registry Act s34(1) exceptions; bona fide purchaser for value without notice; requirement to plead and strictly prove fraud.
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16 July 2020 |
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Whether a civil claim can rely on a criminal acquittal and whether constitutional claims must be commenced by petition.
Civil procedure — Order 14A preliminary issues — notice of intention to defend — conditional appearance; Evidence — admissibility of criminal judgment in civil proceedings — res inter alios acta doctrine (U-Rest Foams); Constitutional law — enforcement of Part III rights — Article 28 and Rule 2 requiring petition; Anti‑corruption — forfeiture under ACC (Disposal of Recovered Property) Regulations, 2004; limitation — land matters twelve‑year period.
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15 July 2020 |
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15 July 2020 |
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15 July 2020 |
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14 July 2020 |
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14 July 2020 |
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14 July 2020 |
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Clear admission in defence justified entry of judgment on admission for unpaid purchase moneys with interest and costs.
Commercial procedure – Judgment on admission – Order XXI r6 HCR and Order 27 r3 RSC – Clear or unequivocal admissions in pleadings – Sale of equipment and variation – Unavailability of inability-to-pay defence – Contractual remedies and interest.
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13 July 2020 |
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13 July 2020 |
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13 July 2020 |
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Court found a prima facie case against four accused but acquitted the fourth for lack of direct evidence.
Criminal law — Murder — Prima facie case and 'no case to answer' test — Causation — Mob violence and death by inhalation of smoke — Scene reconstruction/video evidence — Acquittal for lack of direct evidence.
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13 July 2020 |
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Equitable purchaser’s claim defeated where subsequent buyers were bona fide purchasers for value without notice; 1st defendant ordered to refund plaintiff.
Land law – sale of land; deed of assent and certificate of title – effect on administrator’s powers; Intestate Succession Act – requirement for court authority; Caveat – difference between lodging and registration and effect on subsequent transfers; Bona fide purchaser for value without notice – protection of certificate of title; Remedies – cancellation of title v. compensation.
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10 July 2020 |
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10 July 2020 |
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10 July 2020 |
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10 July 2020 |
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A civil marriage contracted while a party is already customarily married is void ab initio, preventing a divorce of that supposed statutory marriage.
Family law — validity of civil conversion of customary polygamous marriage — capacity to contract second marriage — Marriage Act monogamy — Matrimonial Causes Act s27(1)(b) — void ab initio.
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10 July 2020 |
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A purported statutory conversion of a polygamous customary marriage is void ab initio if a prior marriage subsists.
Matrimonial law – customary marriage – conversion to statutory marriage – capacity to marry – bigamy – void ab initio (s27(1)(b) Matrimonial Causes Act) – Dryden v Dryden; Hyde v Hyde.
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10 July 2020 |
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10 July 2020 |
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9 July 2020 |
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9 July 2020 |
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Provisional Certificate of Title is conclusive evidence of ownership; plaintiff awarded damages and eviction for trespass.
Land law; Certificate of Title conclusive under s.14 Lands and Deeds Registry Act; substituted service; power of attorney evidence; trespass; eviction; damages.
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9 July 2020 |
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8 July 2020 |
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3 July 2020 |
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3 July 2020 |
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2 July 2020 |
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2 July 2020 |
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Divorce granted: court found the applicant’s conduct made cohabitation intolerable and alternatively accepted two‑year separation.
Divorce — irretrievable breakdown — unreasonable behaviour — assessment of conduct in light of parties’ characters — two‑year separation as alternative ground — custody and referral of maintenance/property to Registrar.
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1 July 2020 |
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1 July 2020 |
| June 2020 |
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Whether enforcement proceedings after a Charging Order amount to multiplicity of actions or abuse of court process.
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.
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 |