Results.
390 judgments found.
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| December 2024 |
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Circumstantial evidence and recent possession supported convictions for aggravated robbery and murder despite an inconclusive post-mortem.
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Criminal law — Aggravated robbery — Elements and proof; Criminal law — Murder — Malice aforethought and proof by circumstantial evidence; Evidence — Circumstantial evidence and recent possession doctrine; Evidence — Admissibility and exclusion of scene-reconstruction/video evidence where police had prior knowledge; Forensic evidence — Inconclusive post-mortem and inference of death from circumstances
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31 December 2024 |
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Whether attestation to revised terms barred claims under earlier severance rules and whether housing allowance must be included in terminal benefits.
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Employment law — variation of contract — consent and acquiescence via attestation — early retirement vs severance — inclusion of housing allowance in terminal benefits — limitation (six‑year) bar to contractual claims.
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26 December 2024 |
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Court upheld convictions for unlawful possession of ivory, finding circumstantial evidence and imputed knowledge sufficient.
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Criminal law
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Wildlife offences — Unlawful possession of prescribed trophy; sufficiency of circumstantial evidence
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Evidence — Possession and knowledge — Definition of possession includes knowingly having things in custody or for one's use
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Criminal procedure — Right to silence — Silence not to be used as sole basis for conviction
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20 December 2024 |
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Court ordered non‑conviction forfeiture after finding reasonable suspicion of proceeds of crime and interested parties failed to rebut evidence.
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Forfeiture (civil/non‑conviction) — Forfeiture of Proceeds of Crime Act — reasonable suspicion standard — evidentiary burden shifts to interested party to prove lawful source — bank cash deposits, disproportionate assets v. declared income — scope of subject property (subdivision vs whole title) — government bonds, treasury bills and fixed deposits amenable to forfeiture when traceable to suspected proceeds.
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20 December 2024 |
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A consent judgment alleged to have been procured by fraud may be challenged in a fresh action; res judicata does not automatically bar such a challenge.
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Civil procedure — abuse of court process; res judicata — limits where judgment procured by fraud; setting aside consent judgment obtained by fraud; fresh action required; particularity and proof of fraud.
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18 December 2024 |
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A re-entry dispute under s13(3) of the Lands Act lies before the Lands Tribunal, not the High Court.
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Lands Act s13(3) — Certificate of re-entry — Jurisdiction — Lands Tribunal is the proper forum; High Court’s jurisdiction in land matters limited by statute; Order 14A application to determine point of law without full trial.
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18 December 2024 |
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The plaintiff's amendments were allowed except the relief directing the Commissioner to subdivide already leased land, which was refused.
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Civil procedure — Amendment of pleadings — Principles for allowing amendments; Competency of relief — Court cannot order the Commissioner of Lands to subdivide land already granted by lease; Cause of action — Allegations of fraudulent acquisition and liability of implicated parties; Costs in the cause; Leave to appeal granted.
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17 December 2024 |
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A claim filed after the six‑year limitation period is statute‑barred and must be dismissed, rendering preliminary pleadings challenges otiose.
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Limitation of actions — six‑year period under Limitation of Actions Act 1939 — statute‑barred claims; limitation may be raised at any stage; striking out pleadings — scandalous/extraneous material — Order 18 Rule 19 (White Book); jurisdictional limits re Legal Practitioners Act complaints.
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17 December 2024 |
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High Court lacks jurisdiction to determine disputes over certificates of re-entry; recourse is to the Lands Tribunal.
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Lands Act s.13(3) — Certificate of re-entry — Jurisdiction — Challenges to re-entry fall within the Lands Tribunal’s exclusive jurisdiction — High Court lacks jurisdiction to determine re-entry disputes.
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17 December 2024 |
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Applicant failed to prove respondents’ medical negligence or regulator’s statutory breach; leave to appeal granted.
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Medical negligence — standard of care (Bolam) — peri‑operative anaphylaxis and CPR management — causation and duty to warn (Chester v Afshar considered but not applied) — weight of expert evidence — regulatory/licensing duty of Health Professions Council — absence of post‑mortem undermining causation.
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10 December 2024 |
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Court invalidated a special resolution and consequent share transfers as void, ordered reversion and equitable compensation with 1st defendant mainly liable.
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Company law — alteration of share capital — validity of resolutions — Companies Act (sections mirroring old s.74/now s.140) — directors’ powers and requirement for member approval — subscription agreements — burden of proof for validity of meetings and resolutions — conversion and allotment of shares — transfers and assignments void for illegality — unjust enrichment and equitable restitution — apportionment of compensation.
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9 December 2024 |
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An arbitral award was set aside because the arbitrator failed to determine the applicant's counterclaim, though delay and other procedural complaints failed.
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Arbitration Act s.17 — setting aside arbitral award; Originating summons procedure — Rule 34 Arbitration (Court Proceedings) Rules; computation of time; service on counsel; arbitrator’s procedural powers post‑hearing; denial of hearing opportunity; failure to decide counterclaim renders award invalid; delay and public policy.
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9 December 2024 |
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Defendant liable for full transport invoices despite invoicing to related Botswana entity; nominal damages awarded.
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Contract interpretation — admissibility of extrinsic/internal emails; corporate group invoicing — liability of contracting party despite invoices to related entity; unjust enrichment/quantum meruit; breach of contract; nominal damages; interest and costs.
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9 December 2024 |
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A typographical misnomer is curable; interlocutory injunction discharged for lack of irreparable harm and potential alteration of status quo.
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Civil procedure — misnomer/curable error; amendment of pleadings; interlocutory injunction — test: serious question, irreparable harm, balance of convenience, clean hands; preservation of status quo; mining rights and adequacy of damages.
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9 December 2024 |
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Employer lawfully dismissed employees for failing to report witnessed theft; police exoneration did not bar disciplinary action.
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Employment law — summary dismissal; disciplinary procedure and audi alteram partem; duty to report misconduct as implied contractual term; police exoneration not determinative in civil/disciplinary proceedings; discretion in penalties; reinstatement and backpay rarely awarded; employer's record-keeping and burden on payment claims.
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9 December 2024 |
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Employer lawfully dismissed employees who witnessed but failed to report theft; dismissal was neither wrongful nor unfair.
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Employment law — summary dismissal — disciplinary proceedings despite police exoneration — duty to report misconduct as implied contractual term — natural justice and opportunity to be heard — sufficiency of substratum of facts — employer's discretion on penalties — burden on employer to justify dismissal; reinstatement rare.
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9 December 2024 |
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Tenant's withholding of rent for alleged repair failures did not justify non-payment; landlord entitled to arrears and eviction.
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Landlord and tenant — Rent arrears and eviction — Withholding rent for alleged failure to repair — Tenant not entitled to withhold rent — Rent Act ss 4(e), 13(1)(a), 14
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Civil procedure — Proof of payment — Sufficiency of evidence — Pictorial statements insufficient; bank/receipts required to discharge alleged payments
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6 December 2024 |
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The applicant’s ex parte request for a stay of a Registrar directive to change its name was dismissed for lack of good and convincing reasons.
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Companies Act s.341 — appeal against Registrar’s decision — stay of execution — discretionary remedy — requirements for grant of stay (irreparable harm, appeal rendered nugatory) — Order 59 Rule 13 — Nyampala Safaris precedent.
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6 December 2024 |
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Appellant failed to show good and convincing reasons for a stay pending appeal against PACRA’s name-change directive.
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Civil procedure — Stay pending appeal — Discretionary equitable remedy — Requirements: good and convincing reasons, irreparable harm or appeal rendered nugatory — Order 59 Rule 13
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Company law — Appeal from Registrar’s decision — Appeal under Companies Act s 341 — Time and notification considerations
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6 December 2024 |
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Applicant failed to demonstrate high prospects of success to justify a stay of execution of a consent judgment.
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Stay of execution — consent judgment — setting aside consent judgment — applicant must show high prospects of success; Order 3 r.2 HCR; legal representation undermining claim of non-comprehension.
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3 December 2024 |
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Director's Car Policy was contractual; sale price wrongly computed (20% depreciation only) and plaintiff entitled to pro‑rata bonus.
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Employment law — incorporated terms — Director's Car Policy forms part of contract; interpretation of disposal formula (20% depreciation then 25% of residual); management computes sale price, Board approves; entitlement to pro‑rata bonus where employer caused lack of appraisal.
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3 December 2024 |
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Court found irretrievable breakdown due to respondent's unreasonable behaviour and granted a decree nisi, with property settlement referred to Registrar.
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Divorce — Irretrievable breakdown — Unreasonable behaviour (physical assault, failure to provide, prolonged separation) — Section 8 and 9(1)(b) Matrimonial Causes Act — Jurisdiction (domicile/residence; one-year rule) — Objective reasonable person standard — Cumulative conduct — Decree nisi; property settlement referral; costs; leave to appeal.
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3 December 2024 |
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A pending appeal does not suspend scheme distributions; court ordered immediate payment within 10 days and awarded costs.
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Corporate insolvency — scheme of arrangement — sanctioning and registration — appeal does not automatically stay distributions; Deed of Release and Waiver does not bar statutory objection or constitutional right to appeal; court power to fix time for compliance with sanctioning order; entitlement to distributions absent stay.
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2 December 2024 |
| November 2024 |
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Petitioner established irretrievable breakdown from respondent's cumulative unreasonable behaviour; decree nisi granted, property matters referred to Registrar.
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Divorce — irretrievable breakdown — unreasonable behaviour (s.9(1)(b)) — cumulative conduct — denial of conjugal rights; jurisdiction — residence/domicile; proof on balance of probabilities; property settlement referral; costs — each party bears own; leave to appeal granted
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29 November 2024 |
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Claims for breach, gratuity and unworked‑period salary were dismissed where dismissal followed repeated unauthorized strikes and dues were paid.
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Labour law — unauthorized strikes — dismissible misconduct; proof of breach of contract; entitlement to remuneration for periods not worked; Ministerial minimum wage categorisation.
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28 November 2024 |
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Default judgment set aside because defendant raised an arguable defence despite an unconvincing explanation for default.
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Civil procedure — setting aside default judgment — primary consideration is an arguable defence on the merits — explanation for default relevant but secondary — seizure under warrant of distress alleged — costs and leave to appeal.
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28 November 2024 |
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Employee wrongfully and unfairly dismissed; awarded 12 months' pay and accrued leave; employer's damage claim dismissed.
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Employment law — wrongful and unfair dismissal — necessity to charge employee and afford hearing — measure of damages beyond notice period — calculation using statutory minimum pay — counter-claim for alleged damage must be proven.
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25 November 2024 |
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Whether the Labour Commissioner lawfully cancelled the applicant union's registration while court proceedings on its validity were pending.
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Labour law — Trade union registration — Cancellation of certificate by Labour Commissioner — Effect of pending litigation on recognition and union activity — Section 12 and section 13(4)(a) Industrial and Labour Relations Act — Restoration of registration and costs for non-appearance.
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25 November 2024 |
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Failure to notify a borrower of MPR-driven loan adjustments breached section 49(5); restructuring directive upheld but fine recalculated to published cap.
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Competition & consumer protection — supply of services with reasonable care and skill — banking services — duty to notify borrowers of interest-rate (MPR) variations — Bank of Zambia circulars and Cost of Borrowing Regulations — judicial notice of public regulatory materials — scope of administrative powers vs. statutory sanctions — published fines guidelines control cap.
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24 November 2024 |
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Decree nisi granted for two‑year separation; petitioner awarded custody; maintenance and property issues referred to Registrar; costs shared.
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Family law — Divorce — Matrimonial Causes Act s.8 and s.9(1)(d) — Two years' continuous separation as ground for divorce — Decree nisi — Custody awarded to petitioner — Maintenance and property settlement referred to Registrar — Costs each party to bear.
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22 November 2024 |
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Uncontested divorce granted for two years’ separation; petitioner granted custody; property settlement referred to Registrar.
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Family law — Divorce — Matrimonial Causes Act ss.8 and 9(1)(d) — two years’ continuous separation — decree nisi granted; Custody — petitioner awarded custody with respondent access; Property settlement — referred to Registrar where matter uncontested; Costs — each party to bear own costs
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21 November 2024 |
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A minor, non-prejudicial amendment filed without leave was treated as properly before the Industrial Relations Division; matter to proceed on merits.
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Industrial Relations Court — Pleadings — Amendment of answer — IRC Rule 36 and Rule 55 — High Court Rules inapplicable to IRD — White Book applicable only to lacunae — Validity of pleadings signed by in-house counsel — Substantial justice over procedural technicality.
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21 November 2024 |
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Minor amendment to respondent's answer filed without leave held valid; IRD procedure governed by IRC rules, White Book only fills lacunae.
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Industrial Relations Court procedure — amendment of pleadings — Rule 36(5) IRC and Rule 55 IRC — applicability of High Court Rules to IRD — English White Book as gap-filler only — validity of pleadings signed by counsel — substantial justice over technicalities.
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21 November 2024 |
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Court granted an interim injunction restraining defendant's mining and use of plaintiff's titled land pending final determination.
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Interim injunction — trespass to land — registered title as prima facie right — balance of convenience — irreparable injury — Order 27 Rule 1 High Court Rules — unopposed application/service.
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21 November 2024 |
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Court granted leave to appeal and a 14‑day extension to appeal the rescission of a contract, finding realistic prospects of success.
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Appeal — leave to appeal required where not granted by judgment; test: realistic prospect of success; extension of time — discretion and length/reasons for delay; functus officio objection; rescission of contract and loss of deposit.
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21 November 2024 |
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Divorce granted for five-year separation; petitioner awarded custody; maintenance/property matters referred to Registrar.
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Matrimonial Causes Act — Divorce for irretrievable breakdown — Continuous separation of five years — Decree nisi — Custody of children and access — Maintenance and property settlement referred to Registrar
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19 November 2024 |
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Complainant proved employment and entitlement to statutory 25% severance; specific severance and salary-arrears claims dismissed for lack of proof.
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Employment law — existence of employment relationship; Employment Code Act 2019 s54 — statutory severance (25% gratuity); burden of proof on claimant for salary arrears; accrued leave quantification in absence of records.
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15 November 2024 |
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Amendment allowed where new relief arises from the original repudiation claim based on post‑writ events; respondents awarded costs.
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Civil procedure — Amendment of pleadings (Order 18 Rule 1) — Distinction between new cause of action and post‑writ facts giving rise to additional remedies — Prejudice, costs and relation‑back.
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15 November 2024 |
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A legal practitioner may not withhold client judgment funds to satisfy unpaid fees; must render a bill and sue.
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Legal practitioners — withholding client funds — right of lien — prohibited; recovery of fees requires bill, one‑month wait and court proceedings (Order L Rule 2; Legal Practitioners Act); Order 14A RSC used to determine dispositive legal question.
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15 November 2024 |
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Whether complainants dismissed during probation proved entitlement to unpaid salaries, leave or allowances; only one claimant succeeded.
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Industrial relations — oral employment contracts — dismissal during probation — salary arrears — burden of proof and abandonment of claims — entitlement to leave and allowances — interest on awards (Bank of Zambia Short Term Lending Rate; thereafter 6%).
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15 November 2024 |
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Conviction quashed where prosecution relied on inadmissible hearsay and failed to prove procurement and mens rea.
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Criminal law — Procuring execution of documents by false pretences (s.354 Penal Code) — Mens rea and actus reus — Hearsay evidence inadmissible where witness did not personally hear or witness statements or handover — Prima facie case under s.206 Criminal Procedure Code — Conviction on single witness unsafe where evidence is hearsay and uncorroborated.
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15 November 2024 |
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Applicant unfairly dismissed; entitled to accrued pension (K241,871.70) and 36 months' salary; wrongful dismissal and severance claims dismissed.
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Labour law — disciplinary procedure — opportunity to be heard — wrongful vs unfair dismissal — misplaced/unsubstantiated charge — defined contribution pension — accrued benefits payable
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15 November 2024 |
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Decree Nisi granted where parties lived apart over two years and respondent consented; no collusion or likelihood of resumed cohabitation.
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Family law — Divorce — Matrimonial Causes Act 2007 — Section 8 and Section 9(1)(d) — two years’ continuous separation plus respondent’s consent — Decree Nisi granted; consideration of collusion (s20) and likelihood of resumed cohabitation (s9(4)) — ancillary matters to mediation.
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14 November 2024 |
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Court found dismissal reasonable for withdrawal of labour; unfair dismissal claim dismissed.
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Employment law — Alleged illegal strike/withdrawal of labour — Reasonableness test for dismissal — Employer’s disciplinary power — Unchallenged disciplinary minutes as evidence.
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13 November 2024 |
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Claim for wrongful/unfair dismissal dismissed; disciplinary process found fair and mental anguish unproven.
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Employment law — disciplinary procedure — wrongful dismissal — unfair dismissal — double claiming of imprest/duplicate payments — requirement of proof for mental anguish damages; procedural fairness of domestic disciplinary hearings.
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13 November 2024 |
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Court declined charging order application for lack of jurisdiction because Order 50 RSC is premised on an English Act not extended to Zambia.
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Civil procedure — Charging orders — Applicability of Order 50 RSC in Zambia — Charging Orders Act 1979 not extended to Zambia — Court lacks jurisdiction to grant charging order under Order 50 RSC; defective affidavits — Court may admit defective affidavits under Order 5 Rule 13 where defect is formal.
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13 November 2024 |
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Recognition agreement fixes employer’s duty to remit union subscriptions; pre-agreement arrears not recoverable; unpaid fees to be quantified.
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Labour law — trade union subscription fees — recognition agreement crystallising employer’s obligation to remit subscriptions — recoverability of pre-recognition arrears — consequence of party’s non-appearance at trial.
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12 November 2024 |
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Relitigation of alleged fraudulent land conversion held to be res judicata and an abuse of court process.
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Res judicata — relitigation of land ownership and alleged fraudulent conversion; abuse of court process — multiplicity of litigation; Order 14A Whitebook — determination of questions of law without full trial; onus to prove fraudulent land conversion; injunction discharged.
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4 November 2024 |
| October 2024 |
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A claim for employment benefits against a consular office is barred by statutory consular immunity; the High Court lacked jurisdiction.
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Diplomatic/Consular immunity — Diplomatic Immunities and Privileges Act (Ch.20) — Consular officers and offices immune from suit and legal process in respect of acts in course of official duties — Jurisdictional bar to claims for employment benefits against consular offices — Court's duty to satisfy condition precedent of jurisdiction even if defendant does not respond.
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31 October 2024 |
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Summary dismissal for gross negligence and prior misconduct was lawful; no damages for mental distress awarded.
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Employment law — dismissal — gross negligence and accumulation of misconduct; unfair vs wrongful dismissal; procedural defects do not nullify dismissal where dismissible offence proven; damages for mental distress require unfair/wrongful dismissal and proof.
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31 October 2024 |