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Citation
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Judgment date
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| November 2025 |
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Interim injunction discharged where plaintiff failed to show a serious question to be tried or a clear right to relief.
Interlocutory injunction — requirements: serious question to be tried; clear right to relief; balance of convenience and irreparable injury — competing title evidence and SI No.49 of 2010 — alleged adverse possession and disputed document authenticity — survey report showing encroachment.
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20 November 2025 |
| September 2025 |
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Dismissal held unfair where disciplinary charges lacked sufficient factual substantiation; 18 months' salary awarded as damages.
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 |
| July 2025 |
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Subordinate Court jurisdiction and appellate security upheld; severance pay set aside as resigned permanent employee not eligible under s54.
Employment law – Severance pay – Section 54 Employment Code Act – permanent and pensionable employees not entitled to severance under s54(1)(c) except where subsections (1)(a),(d),(e) apply; Civil procedure – Mode of commencement – default writ appropriate for liquidated severance claim; Jurisdiction – Subordinate Courts may hear severance pay claims within monetary limits; Security for costs – appellate security permissible under Order 47(1) High Court Rules and Order 39 Subordinate Courts Rules; Affidavits – exclusion of extraneous legal argument.
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14 July 2025 |
| June 2025 |
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Warrant of seizure under the Anti‑Corruption Act is temporary; prolonged unjustified freezing of funds requires discharge.
Anti‑corruption seizures – section 58 warrant as temporary investigative custody – section 75 does not import Forfeiture Act time limits – seizure cannot be indefinite – High Court jurisdiction where value exceeds Subordinate Court limits – remedy: discharge where unjustified prolonged retention.
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13 June 2025 |
| March 2025 |
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Termination notices complied with the Landlord and Tenant (Business Premises) Act; plaintiff's claims dismissed, possession and arrears/mesne profits awarded to landlord.
Landlord and Tenant (Business Premises) Act – Section 5 notice requirements – validity of notice (form, six months, two-month tenant response, grounds of opposition) – prior judgment permitting interim occupation 'unless and until' lawful termination – mesne profits as damages for trespass – assessment of arrears and mesne profits by Registrar.
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25 March 2025 |
| December 2024 |
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Defendant liable for full transport invoices despite invoicing to related Botswana entity; nominal damages awarded.
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.
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 |
| 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.
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 |
| May 2024 |
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Court refused to discharge an ex parte injunction, reluctantly adjourning the inter partes hearing to allow proper service and response.
Civil procedure – interlocutory injunction – ex parte order not discharged – abridgement of time for inter partes hearing – adjournment by consent due to lack of service and pending interlocutory applications – Order 33 High Court Rules – costs in the cause.
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2 May 2024 |
| April 2024 |
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Media statements alleging land 'grabbing' were defamatory; defences of truth and fair comment failed.
Defamation — elements and defences; justification (truth) — requirement for particulars and documentary proof; honest opinion/fair comment — factual basis and verification; public interest reporting — responsible journalism; appellate review of findings of fact.
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3 April 2024 |
| February 2024 |
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Unregistered caveat has no effect; registered purchaser’s caveat upheld as bona fide purchaser for value without notice.
Property law – Caveat – Effect of an unregistered/ unprocessed caveat – Registered caveat prevails; bona fide purchaser for value without notice protects registered interest – Enforcement of Consent Judgment against registered owner to be pursued in issuing court.
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19 February 2024 |
| January 2024 |
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Whether the corporate veil should be lifted because the defendant effectively controlled its subsidiary and acted as its principal.
Company law — separate legal personality — lifting/piercing corporate veil; agency relationship and single economic unit; misjoinder; liability of holding company for subsidiary's obligations; employment termination benefits.
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31 January 2024 |
| 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.
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 |
| July 2022 |
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Tenure limits in a union constitution are valid; administrative guidance is not binding without formal constitutional amendment.
Labour/Constitutional law — Trade union constitution — Tenure limits for office — Article limiting presidency to two terms not unconstitutional — Labour Commissioner's guidance non-binding — Amendment required to change union constitution — Effluxion of mandate — Unilateral suspensions invalid.
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7 July 2022 |
| September 2020 |
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No valid variation excusing hire payments; court awarded outstanding hire fees, interest and costs.
Contract variation — hire of equipment — mutual agreement required for variation; standard terms (Clause 6) require credit note for deductions — set‑off and payments must be proved by contemporaneous evidence; unpaid hire fees and interest awarded.
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18 September 2020 |
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Re-entry without statutory notice and opportunity to make representations is invalid; title restored to the applicant.
Land law — Re-entry/repossession — Section 13 Lands Act — Requirement of breach, three-month notice and opportunity to make representations — Land register printout insufficient to validate re-entry — Invalid dispossession vitiates subsequent transfer.
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10 September 2020 |
| August 2017 |
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Interlocutory injunction granted to preserve disputed titled land pending trial; perishable crops harvesting allowed within 30 days.
Land law – interlocutory injunction – ownership dispute – certificate of title v. council allocation/consent order – injunction test: serious question to be tried and irreparable injury – adequacy of damages – preservation of status quo – perishable crops exception.
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14 August 2017 |
| July 2017 |
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A four-year housebreaking sentence was reduced to two years because the appellant was a first offender and there were no aggravating factors.
Criminal law – Housebreaking (s.301 Penal Code) – Sentencing – guilty plea and first offender status as mitigating factors – appellate review of sentence using Alubisho three-question test – reduction of manifestly excessive sentence.
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19 July 2017 |
| February 2017 |
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Conviction for murder: provocation and self-defence rejected; failed defences deemed extenuating, sentenced to imprisonment.
Criminal law – Murder (s.200 Penal Code) – Malice aforethought (s.204) – Defences of provocation (s.205) and self-defence (s.17) – proportionality of retaliation – extenuating circumstances and sentencing (s.201).
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24 February 2017 |
| May 2016 |
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Withholding an approved mining licence without communicating reasons breached legitimate expectation and was unreasonable.
Administrative law – Judicial review – Legitimate expectation arising from approval letter – Wednesbury unreasonableness – Duty to communicate reasons and completion of statutory process – Availability of appeal where no adverse decision communicated.
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13 May 2016 |