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Citation
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Judgment date
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| December 2020 |
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Plaintiff's unfair dismissal and malicious prosecution claims dismissed; entitled only to half-salary during suspension; defendant succeeded on negligence counterclaim.
Employment law – summary dismissal justified where employee authorised unsupported transfers and benefited; entitlement to suspension half-pay under employer's disciplinary code; malicious prosecution requires absence of reasonable and probable cause; negligence and breach of fiduciary/duty of care – counterclaim upheld for specific irregular transaction; damages to be assessed.
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31 December 2020 |
| November 2020 |
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Petitioner’s adultery established irretrievable breakdown; unreasonable‑behaviour claim failed for condonation and inadequate particulars.
Family law – Matrimonial Causes Act – irretrievable breakdown – unreasonable behaviour (s9(1)(b)) – requirement for particulars and effect of condonation; adultery (s9(1)(a)) – admission as proof; joinder of alleged third party (s10(1)) mandatory; Section 13 six‑month rule; welfare of children and property referral.
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13 November 2020 |
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Whether a later municipal allocation can defeat the applicant's prior property rights defined by original boundary fences.
Land law – sale of land – identification of sold parcel by physical demarcation (wire fence, poles) – erroneous/undated site plans and numbering do not defeat an agreed identifiable sale; Survey diagrams – vendor’s obligations and privity of contract; Municipal allocation – later allocation cannot lawfully encroach on previously sold, physically demarcated land; Possessory and evidential weight of fence stumps and poles.
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6 November 2020 |
| October 2020 |
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Shareholders cannot obtain an injunction over company land unless the company is a party or has authorized the application.
Company law – separate legal personality; locus standi of shareholders – interlocutory injunction – requirement that company (owner) be a party or that applicants show corporate authority/board resolution; Order 29 Rule 1 (interlocutory injunction by a party); preservation of status quo vs creating new conditions.
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23 October 2020 |
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The accused were convicted of vandalising electricity cables; scene-reconstruction and leading evidence were held admissible.
Criminal law – Vandalism of electricity infrastructure – elements of the offence – admissibility of scene-reconstruction and leading evidence – voluntariness of recorded admissions – effect of investigative lapses (dereliction) – corroboration by unexplained coincidences.
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6 October 2020 |
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Recent possession, recovery of victim's belongings, and circumstantial proof supported convictions for murder and aggravated robbery.
Criminal law – Murder (s.200, s.204 Penal Code) – Aggravated robbery (s.294(1) Penal Code) – Circumstantial evidence – Recent possession doctrine – Admissibility of suspects leading police to recovered exhibits – Forensic post-mortem evidence – Failure to lift fingerprints.
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2 October 2020 |
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Arbitration clause in an unregistered (void ab initio) lease does not survive; without-prejudice labels do not guarantee exclusion.
Arbitration — Severability — Arbitration clause does not survive where underlying agreement is void ab initio for non-registration; Without-prejudice communications — admissibility where no genuine settlement attempt or exceptions apply; Stay of proceedings under s.10 Arbitration Act.
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1 October 2020 |
| September 2020 |
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Borrower owes post-sale loan balance; lender liable for unreturned empty grain bags; theft and overpayment claims dismissed.
Contract law – secured loan – enforcement of security – costs incidental to realization of security (transport and weighbridge) recoverable; Evidence – insufficiency of proof for theft and overpayment claims; Property/contractual incident – liability for unreturned packaging (empty grain bags).
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28 September 2020 |
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Registrar exceeded powers by cancelling a Certificate of Title under s11(1); cancellation was ultra vires and is set aside.
Land law – Registrar’s powers – Section 11(1) Lands and Deeds Registry Act limits Registrar to correcting register errors and does not permit cancellation of Certificates of Title; cancellation is for the courts; jurisdiction to appeal Registrar’s decisions under Sections 87 and 89; limitation bars stale claims to recover land.
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21 September 2020 |
| August 2020 |
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Employer breached duty to provide a safe wash bay; plaintiff awarded damages; contributory negligence unsuccessful.
Employer duty of care – workplace safety and supervision – inadequate wash‑bay controls and signage – breach of duty – causation – contributory negligence rejected – Mines and Minerals Act strict liability applies to registered holder only – assessment of damages (pain and suffering, permanent incapacity, loss of prospective earnings).
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31 August 2020 |
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A statutory public body cannot sue for defamation based on corruption allegations; action dismissed for want of cause of action.
Defamation — capacity of statutory/public bodies to sue; Malicious falsehood — imputations of corruption against corporate bodies; Strike out for failure to disclose cause of action; Application of English common law in Zambia.
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17 August 2020 |
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Whether self‑defence negated murder and whether prosecution proved common intention against the accused.
Criminal law – murder – requirement to prove death, causation and malice aforethought beyond reasonable doubt – self‑defence as negating malice; suspect/ interested witness – danger of false implication and need for corroboration; common intention (s.22 Penal Code) – requirement of evidence linking co‑accused to the probable consequence of the unlawful purpose.
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12 August 2020 |
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A defendant may apply to set aside a default judgment despite judicial remarks deeming the matter closed; Registrar erred.
Civil procedure – setting aside default judgment – distinction between default of appearance/defence and after‑trial default judgments – Orders XII r.2 and XX r.3 HCR (and Order 19 r.9 RSC) permit setting aside without the seven‑day limit in Order 35 r.2 RSC – judge’s observational remarks do not oust jurisdiction to hear set‑aside application.
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7 August 2020 |
| July 2020 |
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An interlocutory injunction was refused where the disputed pipe had been removed and damages were an adequate remedy.
Interlocutory injunctions — requirement of clear right and irreparable injury — useful purpose/mootness where subject matter removed — adequacy of damages as remedy — American Cyanamid principles.
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20 July 2020 |
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Acquittal where identification was unreliable, alibi unrefuted, and ballistic evidence failed to corroborate prosecution case.
Criminal law — Identification evidence — single identifying witness — reliability in poor visibility and traumatic circumstances; Alibi — prosecution duty to disprove; Ballistic evidence — chain of custody and corroboration; Proof beyond reasonable doubt.
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17 July 2020 |
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A civil marriage contracted while a party is already customarily married is void ab initio, preventing a divorce of that supposed statutory marriage.
Family law — validity of civil conversion of customary polygamous marriage — capacity to contract second marriage — Marriage Act monogamy — Matrimonial Causes Act s27(1)(b) — void ab initio.
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10 July 2020 |
| June 2020 |
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Joinder binds later parties to existing injunctions; court cannot later impose additional security for damages.
Interlocutory injunction — Joinder under Order 14 — Binding effect of later-joined parties — Undertaking as to damages — Fortification — No power to impose additional security after grant — Stare decisis.
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30 June 2020 |
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The court dismissed the plaintiff's claim for failure to plead material facts, finding no forum shopping.
Civil procedure — Abuse of process — Multiplicity of actions and forum shopping — Subordinate Court monetary jurisdiction limit — Pleading requirements under Order LIII, r.6(1) — Failure to state material facts — Dismissal with costs; leave to commence fresh proceedings.
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15 June 2020 |
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Claim dismissed for failing to plead material facts; forum shopping rejected due to Subordinate Court’s jurisdictional limit.
Civil procedure — multiplicity of actions and abuse of process; forum shopping; requirement to plead material facts (Order LIII r.6(1) High Court Rules); dismissal for deficient statement of claim; Subordinate Court monetary jurisdiction.
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15 June 2020 |
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Consent order not set aside: no duress or undue influence; employer-employee status alone does not vitiate consent.
Civil procedure – Consent judgments – Setting aside consent orders – Allegations of duress and undue influence – Employer-employee relationship does not create presumption of undue influence – Fresh action required to challenge consent judgment.
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5 June 2020 |
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Plaintiffs entitled to be offered institutional houses after a binding ministerial directive; damages for mental anguish not proven.
Parastatal housing sales – 1996 Government homeownership policy – Institutional (pool) houses – Eligibility under Civil Service Home Ownership Scheme Handbook – Ministerial direction mandatory under statute – Board’s refusal inconsistent with guidelines – Damages for mental anguish require proof.
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2 June 2020 |
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1 June 2020 |
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Whether the children's best interests require remaining with the respondent in South Africa or transfer to the petitioner in Zambia.
:[
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1 June 2020 |
| May 2020 |
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Court dismissed interim injunction in procurement dispute, finding arbitration regime and adequacy of damages weigh against equitable relief.
Public Procurement — arbitration clause — court’s power to grant interim relief before arbitral tribunal appointed; interlocutory injunction — American Cyanamid principles — serious question to be tried; adequacy of damages; balance of convenience; possible unclean hands.
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29 May 2020 |
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Certificate of title is conclusive absent distinctly proved fraud; defendants failed to prove fraud and were found to have trespassed.
Land law – Certificate of title conclusive; impeachment only on clear, distinctly pleaded and proved fraud – Lands and Deeds Registry Act ss.33–35; Res judicata – requirements and scope; Trespass to land – unjustifiable interference with possession; Particularity of pleading fraud; Assessment of damages by Deputy Registrar.
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18 May 2020 |
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Seller entitled to price where unascertained goods were ascertained and property passed on delivery; counterclaim dismissed for want of prosecution.
Sale of Goods Act 1893 – unascertained goods – ascertainment by invoicing and appropriation – property passes on delivery – seller's right to sue for price under s49; counterclaim dismissed for want of prosecution.
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14 May 2020 |
| April 2020 |
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Procedural failure to consult and inspect before converting customary land rendered the allocation and its consequences unlawful; petitioners entitled to restoration or compensation.
Land law — Conversion of customary tenure to statutory tenure — Mandatory statutory conversion procedure and inspection/consultation requirements — Validity of subsequent certificate of title where procedures not followed; Constitutional and human rights — Forced eviction from customary land — Right to property, dignity, life, movement and non‑discrimination; Administrative law — Procedural irregularity and consequences for land allocation; Remedies — restoration, alternative land, compensation and environmental remediation.
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30 April 2020 |
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Plaintiff breached a time‑of‑essence construction contract; defendant validly terminated; plaintiff entitled only to assessed payment for work done.
Construction contracts – time of the essence – periodic handovers – termination for fundamental breach; implied duty to cooperate between employer and contractor; reasonable notice and termination where no express clause; assessment of payment for work done; counterclaim dismissed for want of prosecution.
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30 April 2020 |
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Court refused to strike out action for want of prosecution where missing court record caused delay and prejudice was unproven.
Civil procedure — dismissal for want of prosecution — inordinate and inexcusable delay — missing court record and reconstruction — prejudice standard — admission of liability, only quantum remaining.
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30 April 2020 |
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Court dismissed judicial review of police prosecutions, finding no proven abuse, malice or lack of reasonable suspicion.
Judicial review — prosecutorial discretion — police investigation and arrest — abuse of process — reasonable suspicion — limits to court intervention in prosecutions.
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30 April 2020 |
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Whether the respondent breached the sale contract by late payment to the bank causing recoverable exchange loss.
Contract – completion date – late payment to redeem third-party mortgage – breach; Letters of undertaking – receipt and effect; Recoverability of exchange loss under a dollar-denominated sale; Interpretation of express contractual terms and implication of terms; Equitable relief under High Court Act s.13.
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17 April 2020 |
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A defendant with a contractual interest in the subject matter is a proper party and cannot be struck out.
Civil procedure — Order XIV r.5(2) — Strike out for improper joinder — Proper party test — Legal or equitable interest in relief required — Storage contract and demurrage — Disputes on contractual links are for trial.
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17 April 2020 |
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Court held airport searches by drug enforcement officers lawful under s.25; detention for search not false imprisonment; claims and restraining order dismissed.
Narcotic Drugs and Psychotropic Substances Act s.25 – search and seizure powers; reasonable suspicion and random airport searches; lawfulness of body/x-ray scans; freedom of movement and false imprisonment; damages for harassment/assault; injunctive relief restraining investigations.
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14 April 2020 |
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Appeal succeeds: policy governed by yearly premium payable in instalments; fraud finding overturned for lack of pleading and proof.
Insurance law – interpretation of policy terms: yearly premium payable in installments; contract embodied in exhibited policy; fraud must be specifically pleaded and proved; remedies limited to sum assured.
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14 April 2020 |
| March 2020 |
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Reports of an LGSC suspension were not defamatory; publications were protected as fair comment on a matter of public interest.
Defamation/libel – reporting of administrative suspensions – truth and public interest – fair comment defence – requirement to prove falsity and malice – identification by office versus personal allegation; failure to prove reputational harm.
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25 March 2020 |
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Tenant's failure to give the prescribed written request and rent arrears justified refusal of a new tenancy and validated termination notices.
Landlord and Tenant (Business Premises) Act — application for new tenancy — tenant's failure to give prescribed written request — persistent delay in paying rent and substantial breaches as grounds under s.11 to oppose new tenancy — statutory notice requirements and substantial compliance — termination notices valid despite non-identical form.
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23 March 2020 |
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Court removed executrices for failure to administer estate, ordered property sales and vested pension in the residuary estate.
Wills and Testate Estates — Removal/substitution of executrix under s.51(2) — Fiduciary duty and supervision of executors — Sale of estate immovable property — Construction of testamentary trust clause for pension benefits.
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23 March 2020 |
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An army officer’s dismissal for unauthorised outside employment upheld where dismissible misconduct was proven and no approval obtained.
Military/employment law — Unauthorised outside employment by serving officer — Defence (Regular Forces) (Officers) Regulations (Reg. 91) — Procedure and natural justice in disciplinary dismissals — Where dismissible offence established, procedural non‑compliance may not render dismissal unfair; Regulation 10A (cancellation of commission).
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23 March 2020 |
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Defendant failed to prove alleged construction defects, remedial costs and lost rentals; counterclaim dismissed, costs to plaintiff.
Contract – construction contract (oral) – alleged defective and incomplete works – patent and latent defects – evidential burden (photographs, receipts, expert/records) – Order 23 referee report – measure of damages and foreseeability of consequential loss (lost rentals).
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23 March 2020 |
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Subordinate Court lacked jurisdiction to order matrimonial property settlement absent a Local Court divorce order; judgment set aside.
Family law — Property settlement ancillary to divorce — customary marriage requires Local Court divorce order before Subordinate Court adjudication; Civil procedure — judgment in absence — setting aside for want of service or opportunity to be heard; Land law — certificate of title not displaced by Subordinate Court absent proper jurisdictional basis.
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17 March 2020 |
| February 2020 |
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Court affirmed Surveyor General's demarcation as consistent with prior judgment, ordered title deeds per plan and apportionment of survey fees.
Land law — boundary demarcation — omission in judgment regarding retained portion — review — multiplicity of actions — reliance on Surveyor General's site plan to give effect to earlier judgment; costs apportioned for surveyor fees.
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28 February 2020 |
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Abrupt lane change to avoid a third vehicle breached duty of care and caused plaintiff’s actionable damage.
Road Traffic Act; negligence — duty of care — breach by abrupt lane change; causation despite third-party fleeing; proof of special damages; assessment of repairs and interest; counterclaim dismissed.
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21 February 2020 |
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The applicant failed to prove fraud; the registered Certificate of Title was upheld and the claim dismissed with costs.
Land law – Certificate of Title conclusive under Lands and Deeds Registry Act – title challenge only for fraud/impropriety – allegations of fraud require specific pleading and higher standard of proof – ACC investigative letter insufficient without evidence – bona fide purchaser protected.
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3 February 2020 |
| January 2020 |
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Plaintiffs failed to prove goodwill or likely confusion; Registrar properly cleared defendant's Airtel company names and claim dismissed.
Company names — Registrar’s discretion under Companies Act s37 — mode of commencement: writ versus judicial review — Passing off — requirement of operational goodwill and evidence of likely confusion — unregistered name/trademark cannot confer monopoly rights.
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31 January 2020 |
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Court granted protective injunctions against assault, removal and disposal of matrimonial property but refused respondent's exclusion from the home.
Matrimonial injunctions – s101(1) Matrimonial Causes Act and Order 27 Rule 7 – protective restraining orders – occupational order/ exclusion from matrimonial home – standard of evidence – restraint on disposal of matrimonial property.
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15 January 2020 |