Results.
11 judgments found.
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| June 2023 |
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Plaintiffs’ challenges to loan terms and requests for consolidation and injunction dismissed; defendant’s counterclaim succeeds with foreclosure nisi and judgment for K8,543,087.16.
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Contract law — loan and collateral agreements — signature binds parties; consumer claims — unfair trading and extortionate terms not established; remedies — enforcement of signed credit contracts, foreclosure nisi, refusal to appoint receiver; awards — judgment for lender, nominal damages, interest and costs.
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29 June 2023 |
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Court orders valuation/sale and unequal apportionment of matrimonial assets, awards mortgaged Salama Park to petitioner and preserves pensions.
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Matrimonial property — meaning of family property — contributions in money, material or in kind — property adjustment under Matrimonial Causes Act; Deed of Gift and effect on family property; valuation and sale of jointly acquired property; treatment of pension, gratuity, NAPSA and shares; apportionment of movable assets and liabilities.
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29 June 2023 |
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Court apportioned matrimonial assets: valuator sale/buy‑out for jointly titled land (Lusaka West 70/30), awarded mortgaged flats to petitioner, ordered transfers and itemised allocations.
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Family property — property adjustment on divorce — non‑financial contributions (material/in kind) create equitable interest — valuation and sale or buy‑out options — treatment of gifts/transfers executed before/during proceedings — pensions, gratuities, shares and savings retained by their respective owners — need for finality and clean break.
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29 June 2023 |
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Plaintiff proved signed acknowledgements and recovered ZMW583,338.72; defendant ordered to pay within 90 days or collateral may be sold.
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Civil recovery — village banking groups — enforceability of signed acknowledgements of debt; company limited by guarantee promoting savings; evidence and non-appearance; remedies including payment, interest and enforcement of pledged collateral.
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29 June 2023 |
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Court rejected remorse and youth mitigation, imposing life and lengthy concurrent and consecutive sentences for sustained abduction and rape.
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Sentencing hearing; remorse and genuine contrition; youth and drug history as mitigation; gender-based violence; seriousness of prolonged abduction and continuous rape; concurrent vs consecutive sentences; imposition of life imprisonment for aggravated rape.
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29 June 2023 |
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Probation dismissals require statutory assessment and hearing; failure renders dismissal unfair, unlawful and compensable.
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Employment law — probation — statutory procedural requirements (assessment, communication, right to be heard) — management status vs unionised employee — re‑designation under Minimum Wages and Conditions of Employment (General) Order — prohibition on contracting out of mandatory Employment Code provisions — remedies: damages, statutory underpayments, severance, interest.
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22 June 2023 |
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A legal practitioner’s failure to account client funds justified striking off; later reconciliation did not prevent discipline.
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Legal practitioners — Professional misconduct — Failure to account for client funds — Service and notice to practitioner — Substituted service — Reconciliation not a bar to disciplinary sanction — Striking off roll.
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16 June 2023 |
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Court authorised an administrator to sell estate land under s19(2) after beneficiaries' consent and publication, with no objections.
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Intestate Succession Act s19(2) — Administrator's power to sell estate property — Grant of Letters of Administration — Beneficiaries' consent — Publication of notice — No objections.
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15 June 2023 |
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Leave to appeal from Industrial Relations Division is unnecessary; appeal out of time granted and execution stayed pending appeal.
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Civil procedure — Appeals from Industrial Relations Division — automatic right of appeal under Court of Appeal Act; extension of time to file appeal — discretionary relief on sufficient cause; stay of execution and stop sale of seized goods pending appeal to prevent nugatory relief.
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13 June 2023 |
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Court authorises administrators to sell estate land under s19(2) following title proof, publication and beneficiaries’ consent.
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Intestate Succession Act s19(2) — Administrator’s authority to sell estate property — requirement of court authority — proof of estate title — publication of notice — beneficiaries’ consent — absence of objections.
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9 June 2023 |
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Court stayed proceedings pending determination of the defendant's application to set aside a consent judgment and consolidate actions.
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Civil procedure — Stay of proceedings — Order 3 rule 2 High Court Rules — Consent judgment affecting same subject property — Non-joinder and setting aside consent judgment — Consolidation to avoid multiplicity of actions.
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1 June 2023 |