Results.
128 judgments found.
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| December 2022 |
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A contractual forfeiture and registered assignment effected a conveyance, not an equitable mortgage; applicant entitled to the property, monetary and damages claims dismissed.
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Contract law — Investment agreement with deposited title and registered deed of assignment — Forfeiture/registered assignment clause creates conveyance/sale, not an equitable mortgage — Enforcement of express contractual conveyance — Claim for damages requires proof on balance of probabilities.
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30 December 2022 |
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Applicant failed to prove unfair dismissal where respondent reasonably investigated and followed disciplinary procedure.
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Employment law — Unfair dismissal — Burden of proof on balance of probabilities; Employer's reasonable belief and disciplinary procedures; Sufficiency of evidence (documentary proof of deposits).
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30 December 2022 |
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Applicant failed to prove she was a dependant and is not entitled to the 10% intestacy share.
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Intestate succession — definition of "dependant" under s.3 — must be maintained by and living with deceased immediately prior to death — proof on balance of probabilities; entitlement to statutory 10% dependent's share.
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30 December 2022 |
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Tender and licence invitations were quashed as ultra vires because the statutory Wildlife Management Licensing Committee had not been constituted.
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20 December 2022 |
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Court revoked respondent's grant obtained on an untrue belief, ordered accounts, identified dependants and directed Administrator-General to administer estate.
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Intestate succession — Letters of administration — Revocation where grant rests on untrue statement in ignorance (s.29(1)(c)) — Fraud allegation requires distinct pleading and higher standard — Definition and entitlement of "child" and "dependant" under Intestate Succession Act — Administrator-General appointment and duties — Surviving spouse's right to select devolving house.
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16 December 2022 |
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Summary dismissal upheld where senior officer admitted misconduct; not discriminatory and VSS claim fails due to ineligibility.
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Employment law — summary dismissal — disciplinary procedure and natural justice — admission of misconduct — proportionality of sanction for senior/controlling officer — discrimination in dismissal — voluntary separation scheme eligibility.
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16 December 2022 |
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Court enforced rental arrears and possession where Initial Offer formed binding contract; Final Offer and its charge claim were dismissed.
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Rent Act — recovery of rental arrears and possession — offer and acceptance — Initial Offer accepted in writing — variation and supersession of contract — conduct and payment not constituting acceptance — lapse of offer and termination of lease — dismissal of charges claimed under superseding offer.
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16 December 2022 |
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Unilateral variation of employment terms without consent constituted redundancy; statutory redundancy and gratuity remedies ordered.
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Employment law — redundancy — unilateral variation of basic conditions of service without consent constitutes redundancy (s.55(1)(c)) — automatic termination on date of variation — procedural notice under s.55(2) not required where variation effects termination — redundancy payment minimum: two months’ pay per year served (s.55(3)) — entitlement to gratuity (25%) (s.73).
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13 December 2022 |
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Termination triggered by the principal contract's end was lawful; redundancy claims dismissed; accrued leave payable.
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Employment law — termination by operation of contractual clause upon end of principal contract; distinction between wrongful and unfair termination; redundancy entitlement; proof of statutory benefits; assessment of accrued leave.
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8 December 2022 |
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A niece is a 'near relative' under the Intestate Succession Act; estate shares and certain properties must be valued, preserved and distributed under s.7(f).
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Succession law — Intestate succession — Meaning of 'near relative' and 'remoter descendant' — Niece held a 'near relative' entitled under s.7(f) where deceased leaves spouse but no children/parents/dependants; company shares as personal estate property; matrimonial home confers a life interest to surviving spouse; injunction and valuation for distribution ordered.
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7 December 2022 |
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A niece is a 'near relative' under the Intestate Succession Act; spouse holds only a life interest in the matrimonial home.
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Intestate succession — meaning of 'near relative' and 'remoter descendant' — nieces and nephews fall within remoter descendants; Company law — shares as personal property and part of deceased's estate; Matrimonial home — surviving spouse has life interest determinable on death/remarriage; Originating summons jurisdiction (Order XXX Rule 12) — valuation, sale and distribution of estate assets; Interim injunction to restrain disposal by administrator.
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7 December 2022 |
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A niece qualifies as a 'near relative' under the Intestate Succession Act; estate shares/property to be valued and proceeds distributed per s7(f).
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Intestate succession — 'near relative' and 'remoter descendant' — niece included as beneficiary; Shares as personal property — company ownership and indirect shareholder interest; Matrimonial home — surviving spouse's life interest not absolute; Injunction restraining disposal of estate assets; Valuation and sale of estate assets and distribution under s7(f).
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7 December 2022 |
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Employee unfairly dismissed for private conduct outside employment; awarded 24 months' salary damages and accrued leave assessment.
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Employment law — dismissal — distinction between wrongful (procedural) and unfair (substantive) dismissal — conduct outside course of employment not proper ground for disciplinary dismissal — reinstatement sparingly granted — damages as alternative remedy — entitlement to accrued leave; failure to prove other statutory benefits.
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6 December 2022 |
| November 2022 |
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Whether the respondent’s council lawfully suspended the applicant pending disciplinary inquiry — court held the suspension lawful.
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Administrative law — judicial review — illegality/ultra vires — implied powers to suspend under Interpretation and General Provisions Act s.25 — suspension of professional membership pending disciplinary inquiry — audi alteram partem — reasonableness of provisional suspensions.
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25 November 2022 |
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Applicants entitled to specific performance for a 5‑acre sale; caveat rendered later titles irregular; no damages awarded.
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Land law — sale of land — offer letter and advertisement as extrinsic evidence of agreed acreage; agency/ostensible authority; caveat effect on subsequent registrations; limitation (12 years); remedy of specific performance; damages denied for lack of purchaser due diligence.
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25 November 2022 |
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Applicant entitled to sale to enforce Charging Order but court ordered fresh government valuation before sale.
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Civil procedure — Enforcement of Charging Order Absolute by sale — Requirements of Order 88 r.5A(2) (identification of charge, outstanding sums, verification of title, prior incumbrancers, proposals and estimates supported by valuation) — Adequacy and currency of valuation — Discretion as to appointment of receiver — Typographical errors not necessarily fatal where correct exhibits lodged.
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18 November 2022 |
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Registrar granted leave to file complaint out of time under Section 85(3) due to non‑deliberate delay.
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Industrial Relations Court Act s.85(3) — leave to file complaint out of time — Registrar’s discretion — affidavit evidence — non‑deliberate delay.
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14 November 2022 |
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Trust transfers made after knowledge of impending divorce may be disregarded; assets can remain matrimonial property and be shared.
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Family law — Matrimonial property — Transfers into trusts or corporate vehicles — Transfers made after notice of impending divorce may be regarded as mala fide to defeat property claims; such assets may be treated as matrimonial property; doctrine of stare decisis (Chibwe v Chibwe) applies — Joinder/striking out of parties under Subordinate Court Rules.
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14 November 2022 |
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The accused coxswain's decision to take the boat into deep water with swimmers aboard constituted manslaughter; crew acquitted.
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Criminal law — Manslaughter — unlawful act manslaughter — dangerous and foreseeable act; Negligence — gross negligence by vessel master; Inland Waters and Shipping Act — duty to secure safety of persons on board; Burden of proof — prosecution to prove guilt beyond reasonable doubt; Evidence — weight of eyewitness (relative) and investigatory report; Contributory negligence — not a defence to manslaughter, only mitigation.
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14 November 2022 |
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An s.80 Anti‑Corruption Commission undertaking cannot bar prosecution once criminal proceedings have commenced.
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Criminal procedure — Section 80(3) Anti-Corruption Act — undertaking not to institute criminal proceedings — applies only before prosecution is commenced; autrefois acquit/double jeopardy — requires prior trial and acquittal — registered undertaking is not an acquittal; nolle prosequi distinguished; appeal allowed and matter remitted for rehearing.
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10 November 2022 |
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Court referred quantification of loan arrears to assessment, dismissed most plaintiff claims and lost-income counterclaim, and ordered offset against agreed equipment purchase price.
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Banking and finance — Term loan facility — Validity despite clerical date error; Security — deposit of title deeds as collateral; Burden of proof — plaintiff must prove amount claimed; Self-help repossession — impermissible without court order; Counterclaim — lack of evidence for lost income; Sale of goods — written purchase price enforceable.
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8 November 2022 |
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Complainants unfairly singled out in disciplinary process; awarded 24 months' salary, pension claim dismissed for lack of proof.
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Labour law — unfair/wrongful dismissal — inconsistent application of discipline — similarly circumstanced employees — burden of proof — collective agreement — private pension election — damages for unfair dismissal.
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2 November 2022 |
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The complainant's summary dismissal for unauthorised removal of company property and attempted bribery was procedurally and substantively fair.
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Employment law — disciplinary code applicability — procedural fairness under section 52(3) Employment Code Act — unauthorised removal of company property — attempted bribery — summary dismissal — substratum of facts and proportionality of sanction.
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1 November 2022 |
| October 2022 |
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An acquittal entered where no signed charge, plea or trial occurred is null; autrefois acquit cannot bar fresh prosecution.
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Criminal procedure — supervisory jurisdiction of High Court to review subordinate court proceedings — autrefois acquit — validity of acquittal upon withdrawal — requirement for signed formal charge under Section 90(4) — distinction between instituting proceedings and conducting private prosecution (DPP authorisation).
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31 October 2022 |
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26 October 2022 |
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Court upheld ex parte registration and enforcement orders for an arbitral award, finding substituted service and share-register rectification acceptable.
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Arbitration — Registration and enforcement of arbitral award — Rule 16 ex parte registration — Substituted service via nominees and publication — Court's complementary role in enforcement — Rectification of share register as enforcement measure.
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21 October 2022 |
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Court found debt and default but referred quantum and recoverability of interest/charges to inquiry under consumer-protection limits.
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Banking law — Recovery of secured overdraft — Debt existence and quantum — Consumer protection under Banking and Financial Services Act (sections 109,110) — Prohibition/limitation of penal interest — Requirement to prove NPL date, principal at NPL date and composition of claimed sums — Referral to Deputy Registrar for inquiry — Mortgage enforcement and guarantor liability.
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19 October 2022 |
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Whether an earlier action challenging a consent judgment constitutes abuse, and whether it can be consolidated with a concluded suit.
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Civil procedure — Abuse of court process and multiplicity of actions; Consent judgments — scope of an action to set aside consent judgment; Consolidation — prerequisite that target matters be pending; Remedy of review where joined post-judgment.
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14 October 2022 |
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Court found the prosecution had made a prima facie case; both accused ordered to be put on their defence.
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Criminal law — no-case-to-answer — prima facie standard at close of prosecution — assessment based on appearance of evidence — credibility reserved for final judgment.
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14 October 2022 |
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Whether a written sale with a buy‑back option was in substance an equitable mortgage entitling the applicant to redeem.
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Characterisation of transaction — sale versus equitable mortgage; objective interpretation of written contract; buy‑back/option clauses; right to redeem; entitlement to vacant possession; enforcement of freely entered contracts.
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10 October 2022 |
| September 2022 |
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A certificate of title is conclusive; the applicant entitled to vacant possession and eviction against the respondent.
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Land law — Certificate of title conclusive evidence of ownership (absent fraud); Originating summons (Order 30 Rule 11) appropriate for questions arising from written instruments; vacant possession and eviction where transferee refuses to vacate; service of process and default.
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30 September 2022 |
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Court declines to vary a will under Section 20 Wills Act where testator’s reasons and lack of evidence justify dispositions.
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28 September 2022 |
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Petitioner shareholder’s winding-up petition granted: respondent unable to pay debts and membership reduced below two, costs awarded.
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Company law — Winding-up by court — Member’s petition under s.56; Service and advertisement compliance; Insolvency — ‘unable to pay debts as they fall due’ (s.57(3)(c)) and solvency test (s.57(4)); Balance-sheet and cash-flow considerations; Insufficient proof of specific trade and statutory debts; Reduction of members below two (s.57(1)(d)) — proper ground for winding-up.
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27 September 2022 |
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Whether surface-rights owner can withhold consent to mining access where exploration licence cannot lawfully authorize mining.
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Mines and Minerals — Surface rights v. mining rights — Section 52(1)(b) Mines and Minerals Development Act — Requirement of written consent of surface rights owner — Ownership of stockpiled overburden and stockpiles — Limits of exploration licences; artisanal mining citizenship restrictions — Injunction and dismissal of counter-claim.
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26 September 2022 |
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Dismissal without formal charge or hearing is wrongful and unfair; six months' salary awarded, terminal benefits claim dismissed.
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Employment law — wrongful and unfair dismissal; failure to charge and afford hearing; breach of disciplinary procedure and Employment Code Act; damages awarded (six months' salary plus allowances) with interest; terminal benefits dismissed where already paid; assessment by Deputy Registrar.
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16 September 2022 |
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Appeal dismissed: late venue objection waived after filing pleadings and taking fresh steps; matter remitted for trial.
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Civil procedure — Subordinate Courts — Order XIV Rule 1(c) — Place of trial for ‘other suits’ — Jurisdictional objection must be raised before or when required to answer/plead — Waiver by filing pleadings or taking fresh steps (payments into court) — Appeal dismissed; matter remitted for trial.
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15 September 2022 |
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Summary dismissal for unauthorised absence/desertion upheld; only unpaid accrued leave awarded with interest; other claims dismissed.
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Employment law — Summary dismissal for unauthorised absence/desertion — Fairness assessed by reason for dismissal notwithstanding procedural non-compliance — Claimant failed to prove entitlement to subsistence allowances and wages — Accrued leave payable with interest.
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13 September 2022 |
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High Court has jurisdiction to hear nomination challenges under Article 52(4)/Regulation 18(7); by‑elections stayed pending determination.
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Constitutional jurisdiction — Article 128(1): Constitutional Court’s exclusive remit to interpret and determine contraventions of the Constitution; Election law — Article 52(4) and Regulation 18(7): High Court jurisdiction to hear petitions challenging nominations; Procedure — mode of commencement: petition (not judicial review) for nomination challenges; Abuse of process — multiplicity of proceedings distinguished; Interim relief — stay of by‑elections pending petition determination.
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13 September 2022 |
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Court found dismissals wrongful and unfair, awarding damages, allowances and unpaid July salaries to the complainants.
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Employment law — wrongful and unfair dismissal; disciplinary procedure and natural justice; insufficiency of evidence for alleged falsification/conspiracy; remedies — damages, unpaid salaries, extra duty and big-class allowances; gratuity deductions and NAPSA remittances.
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12 September 2022 |
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A late application to amend pleadings near trial was dismissed for lack of reasonable diligence and prejudice to the respondent and court.
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Civil procedure — Amendment of pleadings — Interlocutory applications within 14 days of trial — Order 19 Rule 3(3) SI 58 of 2020 — Case management and proportionality — Prejudice and reasonable diligence — Discretion under Order 18.
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6 September 2022 |
| August 2022 |
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A s58 warrant under the Anti‑Corruption Act attracts criminal jurisdiction; the High Court may grant an out‑of‑time appeal without hearing the parties.
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Anti‑Corruption Act s58 — seizure warrants; criminal jurisdiction; interplay with Criminal Procedure Code (s2, s321A, s322 proviso, s324); out‑of‑time appeals; High Court discretion; procedural misdirection by subordinate court.
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30 August 2022 |
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Whether the applicant may enforce 25% monthly compound interest and foreclose a mortgage under the Money Lenders Act.
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Money Lenders Act — statutory cap on interest — unenforceability of extortionate 25% per month rate; Enforceability of registered legal mortgage granted by administratrix; Capacity of administrator to pledge estate assets; Recovery of principal and foreclosure; Assessment of interest by Deputy Registrar.
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26 August 2022 |
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Plaintiff failed to prove an enforceable insurance contract and unpaid premiums; inadequate evidence led to dismissal.
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Insurance law — General insurance — Section 76 Insurance Act 1997 — Premium unpaid — contract inoperable after 30 days or agreed period; Evidence — requirement of witness personal knowledge — weight of unsubstantiated witness statement; Burden of proof — plaintiff must prove contract and liability on balance of probabilities; Failure to produce policy documents — claim dismissed.
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25 August 2022 |
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Most complainants’ claims were statute‑barred under Section 85(3); only two complaints were timely and allowed to proceed.
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Industrial Relations Act s85(3) — limitation and jurisdiction; exhaustion of administrative channels; procedural compliance — Order 14A vs Industrial Relations Court Rules; affidavit jurat defect — defect in form curable under s47 Interpretation and General Provisions Act; dismissal for want of jurisdiction; leave to appeal granted.
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18 August 2022 |
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An employer lawfully dismissed the applicant for procedural breaches and unauthorised removal of property despite criminal acquittal.
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Employment law — unfair dismissal; disciplinary procedure and right to be heard; administrative discipline despite criminal acquittal; burden of proof in disciplinary proceedings; proportionality of sanctions.
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17 August 2022 |
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Applicants failed to prove communal ownership or membership; respondents lawfully held the artisanal mining licence.
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Mining law — Artisanal mining licence — Ownership of mining rights — Cooperative registration and membership — Statutory eligibility and vetting under the Mines and Minerals Development Act — Burden of proof in civil claims.
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16 August 2022 |
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Court dismissed jurisdictional objection, found the leave-to-appeal application was properly filed, and granted leave to hear the appeal.
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Criminal procedure — Jurisdictional objections — Undertakings under s80 Anti-Corruption Act — Whether merits-based jurisdictional objections should be decided interlocutorily or deferred — Appeal out of time — Compliance with s324 Criminal Procedure Code — Discretion under proviso to s322 to grant leave.
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10 August 2022 |
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Money-Lenders Act prohibits compound interest; plaintiff awarded principal with simple interest and may enforce vehicle pledge if unpaid.
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Money-Lenders Act s.10 — clause charging compound interest void; pleadings — O. LIII r.6 deemed admissions for untraversed allegations; admissibility of unpleaded security evidence where not objected to; remedies — award of principal, simple interest, enforcement of pledged vehicle
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10 August 2022 |
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Whether a loan clause imposing 25% monthly (compound) interest is enforceable and effect of surrendering vehicle white book as equitable mortgage.
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Money Lenders Act — prohibition of compound interest — clause charging interest on interest illegal; equitable mortgage by surrender of vehicle white book; assessment of outstanding debt by Deputy Registrar; permitted simple interest and statutory caps.
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9 August 2022 |
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Settlement agreement enforced; privity and duress defences rejected; plaintiff awarded ZMW 528,070 with interest; no costs.
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Contract law — enforceability of settlement agreements; privity of contract; duress/undue influence; arbitration clause — stay and referral; burden of proof; interest; mediation non-attendance costs.
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4 August 2022 |