Results.
21 judgments found.
|
|
|
| December 2017 |
|
|
Search and continued occupation of premises without produced warrant or court order was unlawful; prohibition and vacation ordered.
-
Constitutional and criminal procedure law — search and seizure — requirement for search warrant and police procedural records (Section 15 Police Act; Section 118 Criminal Procedure Code) — unlawful occupation of private property without court order — judicial review: illegality, procedural impropriety, irrationality, legitimate expectation — remedies: prohibition granted, certiorari and mandamus refused/unsuccessful.
|
29 December 2017 |
|
Applicant’s missing spouse presumed dead after 11 years’ absence; applicant may seek letters of administration.
-
Presumption of death — seven‑year absence rule — High Court inherent jurisdiction — adequacy of inquiries (police report, family enquiries, newspaper advertisement) — Non‑Contentious Probate Rules (Rule 53) distinction.
|
19 December 2017 |
|
Applicant's title valid but possession denied due to bona fide purchaser; State ordered to provide alternative land.
-
Land law — title description — certified survey diagram prevails over inconsistent certificate wording; erroneous issuance of subsequent title; bona fide purchaser for value without notice protected; remedy by State allocation of alternative land and rectification of register; failure to prove damages for improvements.
|
6 December 2017 |
| November 2017 |
|
|
Habeas corpus unavailable once detainee is charged and produced in court; application dismissed as overtaken by events.
-
Habeas corpus — purpose to produce detainee and test legality of detention; not available after production/release; civil court must not re‑hear criminal merits; limits of remedy under Order 54.
|
29 November 2017 |
|
Plaintiff's writ and statement set aside for missing mandatory endorsements and for pleading evidence instead of material facts.
-
Civil procedure — Irregularity — Originating process — Failure to endorse mandatory details (occupation, postal and electronic address) — Pleadings — Rule that pleadings must state material facts not evidence — Setting aside writ and statement of claim — Self‑represented litigant not excused from Rules of Court — Leave to amend and proper procedure.
|
29 November 2017 |
|
An applicant cannot secure the full disputed sum where the debtor validly assigned receivables to third-party creditors acknowledged by the debtor.
-
Arbitration — interim measures — Court may grant orders securing amounts in dispute — Assignments of receivables — validity and effect upon notice to debtor — priority of competing assignments — limitation on court deciding substantive issues pending arbitration.
|
22 November 2017 |
|
Court declared applicant male on medical evidence and ordered amendment of birth and examination records; deed-poll order refused.
-
Sex determination — criteria (chromosomal, gonadal, genital, psychological, secondary sexual characteristics); evidence-based declaration of legal sex; limits on court-ordered deed poll; amendment of birth and examination records; High Court jurisdiction and proper commencement.
|
8 November 2017 |
| October 2017 |
|
|
Court invalidated derogatory definitions in the Mental Disorders Act, upheld need for humane treatment and urged statutory reform while declining wholesale repeal.
-
Constitutional law — Mental health legislation — Derogatory statutory language and discrimination — Involuntary detention and procedural safeguards — Humane treatment and standards of care in psychiatric institutions — Scope of judicial relief versus legislative reform — Supervisory enforcement orders against statutory agencies.
|
9 October 2017 |
|
Decree nisi granted for irretrievable breakdown under unreasonable behaviour; custody to petitioner, maintenance/property referred.
-
Family law — Divorce — Irretrievable breakdown of marriage under Matrimonial Causes Act Sections 8 and 9(1)(b) — Unreasonable behaviour — Custody of minor children — Referral of maintenance and property settlement.
|
4 October 2017 |
| September 2017 |
|
|
Online publisher liable for defamatory allegations; apology by broadcaster mitigated damages.
-
Defamation — libel — truth/justification; fair comment; qualified privilege and responsible journalism; mitigating effect of apology; damages assessment.
|
20 September 2017 |
|
Court confirmed a two-year sentence, holding sentencing disparity justified by plea and mitigation, not a miscarriage of justice.
-
Criminal procedure — Revisionary powers of the High Court — Review of sentence in joint enterprise — Differential sentences justified by plea and mitigation — Appellate interference only for manifestly excessive, wrong in principle, illegal or substantial miscarriage of justice — Right to be heard in revision discretionary.
|
11 September 2017 |
| August 2017 |
|
|
A habeas corpus application must be personal and strictly comply with Order 54; joint/class communal affidavits are impermissible.
-
Habeas corpus — personal nature of the writ; Order 54 (White Book) — affidavit requirements; joint/class applications impermissible; procedural compliance mandatory; absence of opposing affidavit not determinative; English Habeas Corpus Acts not part of Zambian written law.
|
17 August 2017 |
|
The applicant failed to prove alleged fraudulent share alterations; the respondent confirmed as bona fide shareholders and directors.
-
Company law — increase of share capital and allotment of shares — validity and procedural compliance; transfer of shares — effect of voluntary signed transfer forms; fraud and undue influence — burden of proof on alleging party; embezzlement allegations — requirement for accounting and audited evidence; directors’ rights — entitlement to remuneration/dividends and right to an accounting.
|
9 August 2017 |
| July 2017 |
|
|
The court awarded the plaintiff US$10,743,414 for unpaid 23% foreign-currency entitlement and 5% interest per annum.
-
Contract law — express terms enforceable — 23% foreign-currency repatriation entitlement — sufficiency of documentary evidence for alleged payment/reconciliation — interest on foreign-currency debt; contractual rate absent, court awarded 5% per annum — counterclaim for overpayment unproven.
|
19 July 2017 |
|
High Court may grant interim ex-parte temporary permits to secure an applicant’s attendance and fair hearing despite immigration officers’ powers.
-
Immigration law; judicial review; interlocutory/ex-parte relief; temporary permit under section 27; right to a fair hearing; court’s power to summon witnesses; contempt for non-compliance with court orders.
|
7 July 2017 |
| May 2017 |
|
|
Applicant failed to show exceptional expatriate skills; minister rightly refused employment and spouse permits under Zambianisation rules.
-
Immigration law — Employment permits — Zambianisation and requirement for exceptional expatriate skills — Spouse permits — definition of established resident — statutory appeal time‑limits (s.10) not dispositive where substantive grounds fail.
|
3 May 2017 |
| April 2017 |
|
|
|
28 April 2017 |
|
Minimum-wage arrears awarded from July 2012; all other statutory and damage claims dismissed for lack of proof.
-
Employment law — Minimum wages (SI No.1 of 2011; SI No.47 of 2012) — entitlement to statutory allowances (transport, lunch, housing, repatriation) — employer remittance obligations (NAPSA, PAYE) — burden of proof — resignation v. termination — award of minimum-wage arrears.
|
27 April 2017 |
| March 2017 |
|
|
A Local Court customary marriage certificate proves marital status; dowry non-payment did not prevent equal division of matrimonial property.
-
Customary marriage — Local Court marriage certificate; admissibility and evidentiary weight — dowry non-payment not dispositive; matrimonial property — acquisition during subsistence; division of assets — contributions and court’s discretion; stewardship claim raised late.
|
29 March 2017 |
|
Specific performance granted where valid sale existed, time was not of essence, vendor failed to deduce title, and fraud not proven.
-
Contract of sale — offer and acceptance; time of essence — when time becomes essential; failure to deduce title; authenticity of payment ledger; fraud and conversion — burden and standard of proof; mesne profits — status change from tenant to purchaser; specific performance as equitable remedy.
|
27 March 2017 |
|
Chewa matrilineal succession and Mbumba selection confirmed; respondent rightly installed as Chief; applicant disqualified.
-
Customary law — chieftaincy succession — Chewa matrilineal system; electoral college (Mbumba) — role of Paramount Chief in recognition and installation; genealogical evidence and customary inquiry; disqualification of patrilineal descendants.
|
17 March 2017 |