Results.
3,488 judgments found.
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| September 2025 |
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Complainant’s dismissal upheld: hearing given and audit evidence provided reasonable grounds; leave claim dismissed for lack of proof.
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Employment law — dismissal — distinction between unfair (statutory) and wrongful (contractual) dismissal — requirement to be heard — substratum of fact and reasonableness standard in disciplinary dismissals — proof of entitlement to leave and non-retroactivity of later statutes.
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30 September 2025 |
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Complainant's claims for unpaid salary, gratuity, leave and overtime dismissed for lack of evidence.
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'Employment law — resignation — determination of effective resignation date and effect on terminal benefits','Gratuity — payable only on successful completion of contract; advances offset gratuity entitlement','Leave — statutory right to payment for accrued leave overrides contractual prohibition on conversion to cash','Overtime — entitlement requires employer recognition/approval; compensatory time off contractually provided','Burden of proof — claimant must substantiate unpaid wages and benefits with supporting evidence'
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30 September 2025 |
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Failure to sign a renewed contract did not vitiate it; termination without contractual notice was unfair and wrongful.
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Employment law — contract renewal by conduct — unsigned written renewal does not necessarily vitiate contract; Termination — fairness and wrongfulness — requirement of notice and pay in lieu; Measure of damages — departure from notice-period measure where abruptness, inconvenience and bleak job prospects justify extended award; Remedies — pro rata entitlements; testimonial/referral discretionary under statute.
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30 September 2025 |
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Fixed‑term shop worker unlawfully terminated awarded unpaid wages, leave, notice pay, gratuity and damages.
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Employment law — fixed‑term contract v. permanent employment; Shop Workers Order — protected employee; unpaid wages and accrued leave; notice pay and gratuity under Employment Code Act; unfair termination for failure to give reasons and hearing; application of Minimum Wages Order 2023.
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30 September 2025 |
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Electronic service plus affidavit of service satisfied Order VI Rule 1(d); application to set aside originating process dismissed.
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Civil procedure — Order VI Rule 1(d) High Court (Amendment) Rules 2020 — requirement to serve letter of demand — electronic service and read receipts — affidavit of service — Court’s interlocutory power under Order III Rule 2 — setting aside originating process.
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30 September 2025 |
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30 September 2025 |
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Failure to follow statutory redundancy procedure entitled employees to redundancy pay, damages, arrears, underpayments, wages until settlement, and costs.
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Employment law — Redundancy procedure — s55 Employment Code Act 2019 — failure to follow statutory redundancy process — entitlement to redundancy pay (two months per year) and damages for unlawful termination; salary arrears and underpayments; continuation of wages until redundancy package paid; costs for non-appearance.
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30 September 2025 |
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Application to set aside judgment obtained in defendant's absence dismissed for failure to show sufficient cause.
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Civil procedure — setting aside judgment obtained in absence of party — O.35 r.5 High Court Rules — sufficient cause required — adjournment alternatives — costs awarded.
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29 September 2025 |
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29 September 2025 |
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High Court granted leave to the DPP to appeal out of time, holding section 324 covers s.321A appeals and delay was satisfactorily explained.
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Criminal Procedure Code — Appeals — Sections 321, 321A, 322, 324 — Leave to appeal out of time — Jurisdiction of High Court to extend time for DPP appeals — Inordinate delay — Satisfactory explanation — Prejudice to respondents.
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29 September 2025 |
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Summary dismissal without hearing was unfair; complainant awarded four months' salary and balance of notice pay; other claims dismissed.
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Employment law — unfair dismissal — natural justice — summary/instant dismissal without hearing — measure of damages — notice pay under contract — gratuity discretionary pre-2019 — burden of proof on employee.
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25 September 2025 |
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Constructive dismissal found where board chair’s persistent micromanagement and demeaning conduct destroyed mutual trust; 12 months' salary awarded.
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Employment law — Constructive dismissal; implied duty of mutual trust and confidence; hostile work environment; fixed-term contracts; quantum of damages for loss of employment; mental distress claims exceptional.
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23 September 2025 |
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Registered title is conclusive; unregistered occupiers are trespassers and the register must be rectified and occupiers evicted.
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Land law — Lands and Deeds Registry Act s33 — Indefeasibility of registered title — Certificate of title conclusive absent fraud or mistake — Unregistered possession and administrative receipts do not defeat registered title — Register rectification and cancellation/amendment of overlapping certificate — Trespass, eviction and assessment of mesne profits.
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23 September 2025 |
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Complainant failed to prove constructive dismissal; retirement benefits correctly computed on substantive Management Accountant grade.
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Labour law — constructive dismissal — probationary confirmation assessments — role of supervisor and managing director — computation of terminal benefits on substantive salary.
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19 September 2025 |
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Interim injunction confirmed to restrain respondent's alleged defamatory publications pending trial.
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15 September 2025 |
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A failed defence and personal circumstances did not reduce moral blameworthiness; life sentences imposed for murder.
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Penal Code s.201 — murder sentencing — extenuating circumstances defined as facts diminishing moral blameworthiness — failed defence/mistake of fact not automatically mitigating — deliberate violence, abandonment and concealment preclude mitigation — life imprisonment imposed.
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9 September 2025 |
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Possession and arrears claims under the Business Premises Act cannot be commenced by originating notice; writ required.
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Civil procedure — Mode of commencement — Whether claims for possession and rental arrears may be commenced by Originating Notice of Motion — Landlord and Tenant (Business Premises) Act; High Court Rules
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Landlord and tenant — Business premises — Recovery of possession and arrears — Possession and rent claims not within the list of applications by originating notice; proper process is by writ — Apollo Refrigeration; Roadmix v Furncraft
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8 September 2025 |
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8 September 2025 |
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A priority-client investment loss did not establish adviser liability; contractual terms and regulatory framework showed the bank was a non-advisory distributor, so claim dismissed; costs awarded to plaintiff.
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Banking and wealth management — distributor v adviser; securities contracts — ISAF/CIP/term sheet govern relationship; misrepresentation and negligent misstatement — burden of proof; Securities (Conduct of Business) Rules — freedom of contract, consumer protection and limits on exclusion clauses; costs awarded where conduct falls below internal code despite substantive defeat.
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8 September 2025 |
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Early retirement is discretionary; unauthorised absence justified lawful summary dismissal, limiting entitlements to accrued terminal benefits.
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Employment law — Early retirement discretionary under collective agreement — Employee’s unilateral cessation of duties does not effect retirement — Summary dismissal justified for continuous unauthorised absence exceeding ten days — Entitlement on lawful summary dismissal limited to accrued wages and terminal benefits as per conditions of service — Salary not payable for periods not worked — Jurisdiction preserved where Registrar granted leave to file out of time; unpleaded issues may be considered where no objection.
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5 September 2025 |
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Court found fraud exception tolled limitation, dismissed jurisdictional plea, and converted originating summons to writ for trial.
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Limitation Act (1939) — Sections 4(3), 19(1) and 20 — fraud/mistake postpones start of limitation; pleading fraud — distinct factual allegations suffice without literal use of the word; probate procedure — originating summons inappropriate for highly contentious fraud allegations; court's discretion to convert originating summons to writ under procedural rules; administrators' duty to render accounts.
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5 September 2025 |
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High Court on sentence must scrutinise lower court conviction; serious procedural irregularities warranted setting aside and remitting the conviction.
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Criminal procedure — sentencing under s217 — duty to assess propriety of conviction under s218(3) — revisionary powers s338 — child witness evidence (Children's Code s78) — case to answer procedure (s206–207) — failure to review evidence in judgment — conviction set aside and matter remitted.
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5 September 2025 |
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Unlawful termination without notice or hearing entitles the complainant to enhanced damages and accrued leave benefits.
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Employment law — Unlawful/unfair termination — Failure to give notice or hearing — ECA sections 52, 53 — Damages measured by enhanced award above notice pay — Accrued leave benefits under Fifth Schedule — Gratuity payable only for fixed-term contracts — Costs for non-appearance.
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4 September 2025 |
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Murder acquittal where cause of death was undetermined and circumstantial evidence, compounded by investigative failures, was insufficient.
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Criminal law — Murder: elements — causation, unlawful act, malice aforethought; Circumstantial evidence — requirement of unbroken chain; Evidence preservation — alleged cloth not produced, delayed post-mortem, missing DNA results; Burden and standard of proof — beyond reasonable doubt; Acquittal for no case to answer (accessories after the fact).
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4 September 2025 |
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Acquittal where prosecution failed to prove causation or malice and investigative/forensic failures undermined the circumstantial case.
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Criminal law — Murder: elements of causation, unlawful act and malice aforethought; Circumstantial evidence—necessity for cogency and exclusion of reasonable alternatives; Forensic evidence and police duty—timely post‑mortem, production of exhibits and DNA results; Dereliction of investigative duty can operate in favour of the accused.
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4 September 2025 |
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Circumstantial evidence and the accused's admission suffice to convict for vandalism; duplicative malicious-damage count dismissed.
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Criminal law — Vandalism (s341D Penal Code) — Circumstantial evidence — Accused's admissions as corroboration — Duplicity in indictment — Malicious-damage count defective.
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3 September 2025 |
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Circumstantial evidence and the accused's conduct established vandalism; duplicate malicious-damage count dismissed for defect.
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Criminal law
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Vandalism — Circumstantial evidence sufficiency where no direct proof of cutting cables — Penal Code s 341D(1)(2)(a) — Sections 21 & 22
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Charges and pleadings — Duplicity and defective count for malicious damage where subject matter falls under vandalism statute — Section 335 and s 341D
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3 September 2025 |
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The court admitted the victim’s spontaneous statements as res gestae, rejected an uncorroborated alibi, and convicted the accused of murder.
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Criminal law — Murder — elements: causation and malice aforethought; Res gestae — admissibility of victim’s spontaneous statements; Credibility of relatives’ witnesses; Alibi — requirement for particulars and corroboration; Forensic pathology — cause of death from sharp and blunt trauma.
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3 September 2025 |
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Forfeiture of recognizance requires hearing; conflating contempt and detaining paid sureties is unlawful.
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Criminal procedure — Forfeiture of recognizance (s.131 CPC) — Surety's right to be informed and heard — Distinction between forfeiture and contempt — Jurisdiction to detain where recognizance paid — High Court supervisory review (s.337–338 CPC; Subordinate Courts Act s.54).
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2 September 2025 |
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High Court lacked jurisdiction to challenge a Subordinate Court warrant of seizure; the issuing court must be approached first.
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Warrant of seizure — court order remains in force until set aside by issuing court — jurisdiction; Comity of courts — a court should not determine matters actively before another court; Constitutional challenge to subordinate court orders — must be initiated in issuing court; Locus standi and mode of commencement (not determined as otiose); Order 2 Rule 2 and Order 33 Rule 7 (White Book).
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2 September 2025 |
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Dismissal held unfair where disciplinary charges lacked sufficient factual substantiation; 18 months' salary awarded as damages.
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Employment law — Dismissal — Distinction between wrongful (procedural) and unfair (substantive) dismissal — Disciplinary procedure and rules of natural justice — Requirement for substantiated factual basis for disciplinary charges — Duty roster ambiguity and reporting times — Damages for unfair dismissal (18 months' salary) — No award for unearned future earnings — Costs not awarded — Leave to appeal granted
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1 September 2025 |
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Plaintiff's 13 October letter introduced new terms and amounted to a counter‑offer; no binding settlement existed, claim dismissed.
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Contract formation — offer and acceptance; conditional acceptance as counter‑offer; requirement of mirror‑image acceptance; consideration and consensus ad idem; status of without‑prejudice (salvo jure) settlement negotiations.
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1 September 2025 |
| August 2025 |
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An interim injunction pending appeal was confirmed to prevent the applicant convening meetings, disposing assets, or interfering with management.
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Injunction pending appeal — jurisdiction to grant interim injunction — preservation of status quo — balance of convenience — prospects of success on appeal — special circumstances — locus standi of liquidator/central bank in corporate affairs.
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29 August 2025 |
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Bicycle theft and violence proven, but prosecution failed to prove accuseds' participation beyond reasonable doubt; acquitted and released.
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Criminal law — Aggravated robbery — elements of offence — recent possession of stolen property — circumstantial evidence — burden of proof — failure to call material witness — alternative inference of receiving stolen property — guilty knowledge.
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28 August 2025 |
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Proceedings against a company in provisional liquidation commenced without leave were set aside for irregularity; costs awarded.
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Corporate insolvency — s.66 Corporate Insolvency Act — mandatory leave required to commence proceedings against a company in liquidation — irregularity and setting aside; stay pending leave; constructive notice via documents copied to provisional liquidator; affidavit extraneous matter and expunction (Order 5 r.15).
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27 August 2025 |
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A beneficiary lacks locus standi to sue third parties over estate property without joining the estate's administrator.
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27 August 2025 |
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A misnaming in the memorandum is curable by amendment, but speculative defences lacking factual basis must be amended or struck out.
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Civil procedure — pleadings — Memorandum of Appearance misnaming — irregularity curable by amendment; Pleadings must state material facts — speculative denials ("could have been", "could have contributed") are defective and must plead factual basis or be struck out.
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27 August 2025 |
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27 August 2025 |
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Employment found to commence 1 Jan 2019; dismissals procedurally unfair; awards include one month's salary and prorated 25% gratuity.
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26 August 2025 |
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Default judgment set aside where proposed defence disclosed triable issues, but defendant penalised for lacking appointed local agents and service.
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Civil procedure — Default judgment — Setting aside under Order 12 Rule 2 — Primary consideration: whether proposed defence discloses triable issues — Service and representation: notices for collection and requirement to appoint local agents under Order 11 Rule 4 — Costs where setting aside granted but defendant failed to ensure service/representation.
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25 August 2025 |
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Dismissals upheld: illegal strike and unauthorised press statement justified dismissal; pension and reinstatement claims failed.
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Employment law — dismissal for misconduct — illegal/unconstitutional strike — requirement to follow statutory strike procedures — natural justice and disciplinary process — unauthorised media statements — pension entitlement proof (service/age) — unjust enrichment.
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25 August 2025 |
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Failure to file the mandatory letter of demand under Order VI rendered the originating process incompetent and warranted dismissal.
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High Court Rules (Order VI r1(d)) — mandatory letter of demand — non-compliance renders writ incompetent; Civil procedure — preliminary issues under Order 14A/Order 33; Jurisdiction/irregularity — substance over form; Res judicata/abuse of process (not determined).
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19 August 2025 |
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Delayed pension payments breached Article 189; Defendant must re-compute and pay differences, arrears, allowances and interest.
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Constitutional law — Article 189 — prompt payment of pension benefits and retention on payroll; Public service — Circular B25/2013 — notching/harmonisation, job evaluation and re-grading; Remedies — re-computation of pension lump sums, payment of arrears and interest; unjust enrichment — refusal to reinstate on payroll where arrears awarded.
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18 August 2025 |
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Employer liable for unpaid salary increment and pension where remittance records absent; corporate separateness defeats holding-company claims.
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Employment law — governing statute (repealed Employment Act) — Section 24(5) evidential presumption — burden of proof; Company law — separate legal personality and corporate veil; Contract interpretation — gratuity as a once-off conditional payment; Payroll and records — employer's duty to produce remittance/payroll documentation; Pension contributions — employer obligation and remedies where remittance records absent; Leave commutation — assessment where records are incomplete; Constitutional law — Article 189 retention on payroll applies to statutory pension benefits.
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15 August 2025 |
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A signed surety makes the 2nd defendant a necessary party; a bona fide claim with admissions defeats security-for-costs.
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Civil Procedure
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Joinder of Parties — Misjoinder — Whether a person who executed a surety agreement must remain a party to ensure effective adjudication
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Security for Costs — Considerations — Whether security is appropriate where the claim appears bona fide and exhibits suggest admissions
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Evidence — Use of Exhibits from Judgment on Admission — Consideration of such exhibits in interlocutory applications
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13 August 2025 |
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Whether binding purchase orders under a framework agreement justified specific performance and payment for undelivered goods.
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Contract law — Framework agreement and purchase orders — binding nature of purchase orders under clause 3.4; termination and cancellation — contractual notice and material breach; specific performance ordered for undelivered, specific goods; evidentiary weight of laboratory test reports (ZABS); damages — special damages for storage proved, lost profits not proven.
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12 August 2025 |
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Joinder application dismissed as res judicata, abuse of process and functus officio; applicant lacked sufficient interest.
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Joinder — Order 14 r.5 High Court Rules — Whether person entitled to or likely to be affected should be joined; Res judicata — same cause of action, same parties, prior opportunity; Abuse of process/forum shopping — piecemeal litigation prohibited; Functus officio — court divested of jurisdiction on previously adjudicated issue; Privity of contract — subcontractor’s interest in principal contract.
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6 August 2025 |
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The plaintiff may sue a diplomatic mission in Zambia for certain employment disputes because sovereign immunity can be restricted.
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Diplomatic and sovereign immunity — restrictive immunity in employment matters — Order 10 Rules 15 and 16 (service out of jurisdiction) — prospects of success standard — renvoi and governing law — inherent jurisdiction to review judgments.
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1 August 2025 |
| July 2025 |
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A death occurring within Zambian airspace is registrable in Zambia; the Registrar's refusal was unlawful.
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Judicial review — illegality and ultra vires — registration of deaths — Births and Deaths Registration Act — aircraft rules (S.I. 247 of 1973) — national jurisdiction over deaths occurring within airspace — certiorari and mandamus as remedies.
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29 July 2025 |
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The applicant proved irretrievable breakdown under Section 9(1)(b) due to the respondent's conduct, and a Decree Nisi was granted.
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Divorce — irretrievable breakdown — Section 9(1)(b) behaviour; evidence by text messages; undisclosed property acquisitions; false DV application declaration; burden on petitioner — balance of probabilities; ancillary reliefs referred to mediation.
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25 July 2025 |