Results.
44 judgments found.
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| December 2023 |
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Court stayed proceedings and referred the applicant's pension computation dispute to arbitration under the fund's arbitration clause.
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Arbitration — stay of court proceedings under s.10 Arbitration Act — construction and scope of arbitration clause in pension trust rules — applicability to former members — disputes over computation of defined-benefit portable benefits — actuarial valuation — whether arbitrator may determine matters implicating statutory interpretation.
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29 December 2023 |
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Emails proposing/accepting a payment plan and a part payment can constitute a clear implied admission, justifying judgment on admission.
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Civil procedure — Judgment on admission — Admissions may be express or implied but must be clear and unequivocal — Payment plan emails and part payment can constitute implied admission of debt — Failure to apply to amend affidavit containing alleged typographical error.
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29 December 2023 |
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Challenge dismissed: business rescue resolution lapsed for failure to comply with statutory notice and filing requirements.
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Corporate Insolvency Act 2017 — Section 21 notice and filing requirements — lapsing of business rescue resolution for non-compliance — affected persons' participation and business rescue plan adoption (Sections 41–43) — appointment of business rescue administrator rendered academic where resolution lapsed.
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29 December 2023 |
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Court ordered specific performance for shop possession but dismissed damages claim; costs awarded and leave to appeal granted.
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Contract law — oral agreement to allocate market shops — payment and issuance of certificates — reallocation and variation of agreement — specific performance appropriate; damages for loss of business dismissed; admissibility of unpleaded evidence where not objected to.
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29 December 2023 |
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A bona fide purchaser for value without notice prevails; repudiation and settlement preclude specific performance; vendor liable for refund and damages.
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Property law — Sale of land — bona fide purchaser for value without notice; equitable notice (actual and constructive); specific performance unavailable where vendor repudiates and purchaser accepts refund; caveat — entitlement and wrongful lodgment; remedy: damages and refund.
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29 December 2023 |
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Summary dismissal for alleged dishonesty upheld; plaintiff awarded accrued gratuity, leave, acting allowance, certain unpaid salary and K6,900.
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Employment law — suspension, disciplinary procedure and right to be heard — summary dismissal for dishonesty — entitlement to accrued benefits (gratuity for completed years, accrued leave, acting allowance, unpaid salary) — appeal procedure under internal code.
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15 December 2023 |
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Default judgment refused; Attorney General must be joined and ownership must be proved at trial before vehicle release.
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Civil procedure — Default judgment — Relief against state organs — Joinder of Attorney General required where police custody of property is implicated — Necessity of declaration of ownership and trial to determine entitlement.
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15 December 2023 |
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Subordinate court lacked jurisdiction to determine land-title dispute without all parties' consent; appeal allowed and case transferred to High Court.
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Subordinate Courts Act s23 — jurisdictional condition precedent — disputes involving title/ownership of land require consent of all interested parties — absence of consent renders proceedings a nullity; magistrate must ascertain jurisdiction before deciding preliminary issues.
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12 December 2023 |
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12 December 2023 |
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Whether a later suit challenging election validity is barred by res judicata when prior proceedings addressed only disqualification.
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Civil procedure — res judicata and abuse of court process — requirement that same cause of action and same parties must have had an opportunity to recover — distinction between proceedings on disqualification and separate challenges to election validity — appeal to judge in chambers as fresh application.
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12 December 2023 |
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Applicant proved respondent's unpaid diesel debt; court awarded K210,500 with interest and dismissed other damages claims.
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Contract formation — sale of goods (diesel) — proof on balance of probabilities; Default/delay — hearing in defendant's absence under Order XXXV r.3; Assessment of outstanding debt and ledger evidence; Interest on judgment and costs; Failure to prove ancillary breach/damages claims.
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12 December 2023 |
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Termination during probation was lawful where assessment outcomes were communicated and statute/contract do not require a particular form.
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Employment law — Probationary employment — Section 27 Employment Code Act 2019 — mandatory assessment and communication before probation expiry — statute does not prescribe manner of communication — oral communication may suffice where contract is silent — termination with 24‑hour notice during probation lawful — burden to prove failure to communicate.
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11 December 2023 |
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Forensic and circumstantial evidence established that the accused intentionally suffocated and buried a born‑alive infant, meriting a murder conviction.
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Criminal law — Murder — elements: death, unlawful act/omission, causation, malice aforethought — Circumstantial evidence — Forensic pathology and histology establishing born-alive status and asphyxia — Infanticide/mental disturbance assessed and rejected.
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8 December 2023 |
| November 2023 |
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Application to revoke probate dismissed; executors ordered to render accounts of estate administration.
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Probate revocation — Wills Act s.51 grounds — duty to render accounts s.45(1)(c)(ii) — testate v intestate — corporate personality and piercing veil — locus standi to challenge administration.
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28 November 2023 |
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Whether a duplicate certificate issued in error defeats a registered proprietor's title and supports damages for lost business.
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Land law — Certificate of title conclusive under s.33; duplicate certificate issued in error; challenge only on fraud or impropriety; proof required for interference with possession and damages.
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23 November 2023 |
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Unauthenticated foreign Power of Attorney rendered affidavit irregular; court expunged it but allowed amendment and re-swearing to cure.
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Authentication of foreign documents — Power of Attorney executed abroad must be authenticated under s3 Authentication of Documents Act; defective affidavit expunged — irregularity curable by amendment and re-swearing (Order 5 r14 High Court Rules); misnomer/correction of party name; Order 2 r1-2 Rules of Supreme Court (irregularities) and Order 3 r2 High Court Rules (interlocutory powers); costs to applicant; leave to appeal granted.
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20 November 2023 |
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Plaintiff acquitted after ten months; false imprisonment proven but malicious prosecution and claimed special losses not established.
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False imprisonment — prosecution without reasonable and probable cause — malicious prosecution requires proof of malice — failure to prove special damages for alleged stolen property — award of general, aggravated and exemplary damages — costs and interest; damages assessment referred.
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17 November 2023 |
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Caveator's contract and payments created an equitable interest sufficient to justify maintaining the caveat; removal application dismissed.
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Lands and Deeds Registry Act — caveat — section 76 permitting caveat by person claiming interest — equitable/contractual interest (deposit/contract of sale) creates special interest justifying caveat — burden on caveator to show cause under sections 81/82 — removal application dismissed.
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9 November 2023 |
| October 2023 |
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Application to compel Registrar to execute conveyance dismissed because an existing stay of execution remained in force.
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Conveyancing — Section 14 High Court Act — appointment of Registrar to execute conveyance documents — requirement of prior judgment and refusal to comply — effect of stay of execution by a lower tribunal.
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23 October 2023 |
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Plaintiff proved purchase and possession; declared owner; Deputy Registrar cannot be appointed before defendant's refusal to comply.
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Property law — Sale and assignment — Proof of contract, payment and possession; Declaration of ownership; Conveyancing and State consent to assign; Section 14 High Court Act — nomination of Deputy Registrar to execute documents only after refusal to comply with judgment; Default judgment principles — plaintiff's burden of proof remains despite defendant's absence.
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23 October 2023 |
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Plaintiff proven purchaser in possession entitled to declaration of ownership and an order compelling defendant to effect transfer; vesting order refused pending non-compliance.
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Property law — contract of sale and payment — possession as evidence of title claim — transfer of registered title — High Court Act s.14 and vesting orders — burden of proof in undefended actions.
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23 October 2023 |
| September 2023 |
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High Court may set aside an irregular writ of execution issued prematurely and applying interest not awarded by the appellate court.
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Civil procedure — execution of appellate judgment — setting aside praecipe and writ of fieri facias for irregularity; jurisdiction of High Court over enforcement matters; three-day rule and requirement of leave for immediate execution; piercing corporate veil — liability for execution; unauthorized interest on writ.
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18 September 2023 |
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High Court set aside a writ of fieri facias for procedural irregularities despite appellate judgment piercing the corporate veil.
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Execution of judgment — setting aside praecipe and writ of fieri facias for irregularity; Order XLVII Rule 5(2) (three‑day rule) and leave for immediate execution; endorsement of assessed judgment sum; inclusion of unordained interest; piercing corporate veil and personal liability; High Court jurisdiction to adjudicate enforcement irregularities.
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18 September 2023 |
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Court granted leave to appeal out of time, stressing sufficient cause, promptness and that ex curia talks do not stop time.
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Civil procedure — leave to appeal out of time; sufficient cause; discretion; ex curia discussions do not stop time; promptness and prejudice; Article 118(2)(e) not a procedural shield.
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1 September 2023 |
| August 2023 |
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Disciplinary findings of misapplication of client funds justified striking the respondent off the Roll to protect public confidence.
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Legal Practitioners Act — professional misconduct — misapplication/misappropriation of client funds — co-mingling — admissibility of foreign complaint letter — requirement (and absence) of accountant's report — disciplinary sanction: striking off.
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28 August 2023 |
| July 2023 |
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Uncontested divorce granted on two-year separation; custody, maintenance and property settlement referred for formal application.
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Family law — Divorce — Decree nisi where parties lived apart for two continuous years — Uncontested petition — Custody, maintenance and property settlement referred for separate formal applications — Costs each party to bear own.
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27 July 2023 |
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Redundancy lawfully effected; statutory minimum paid due to employer insolvency; complaint dismissed; each party bears own costs.
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Employment law — Redundancy (s.55 Employment Code Act) — Collective recognition agreement and negotiation obligations — Consultation and genuine engagement — Proof of payment and burden of evidence — Employer financial incapacity/Bank of Zambia findings.
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25 July 2023 |
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Challenge to a termination notice falls under the Business Premises Act, but alternative claims requiring a writ preserve the Writ of Summons.
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Landlord and Tenant (Business Premises) Act — mode of commencement; Originating Notice of Motion v Writ of Summons; challenge to notice to terminate under Sections 4–5; Order 14A (determination of question of law without full trial); Order 33(3) (triable issues); alternative remedies outside the Act; jurisdiction and competence of process.
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12 July 2023 |
| June 2023 |
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Court orders valuation/sale and unequal apportionment of matrimonial assets, awards mortgaged Salama Park to petitioner and preserves pensions.
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Matrimonial property — meaning of family property — contributions in money, material or in kind — property adjustment under Matrimonial Causes Act; Deed of Gift and effect on family property; valuation and sale of jointly acquired property; treatment of pension, gratuity, NAPSA and shares; apportionment of movable assets and liabilities.
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29 June 2023 |
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Court rejected remorse and youth mitigation, imposing life and lengthy concurrent and consecutive sentences for sustained abduction and rape.
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Sentencing hearing; remorse and genuine contrition; youth and drug history as mitigation; gender-based violence; seriousness of prolonged abduction and continuous rape; concurrent vs consecutive sentences; imposition of life imprisonment for aggravated rape.
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29 June 2023 |
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A legal practitioner’s failure to account client funds justified striking off; later reconciliation did not prevent discipline.
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Legal practitioners — Professional misconduct — Failure to account for client funds — Service and notice to practitioner — Substituted service — Reconciliation not a bar to disciplinary sanction — Striking off roll.
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16 June 2023 |
| May 2023 |
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Failure to serve a Section 13 notice of intention to re-enter rendered the council's repossession and reallocation invalid.
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Property law — lands re-entry and repossession — Section 13 Lands Act — requirement to serve notice of intention to cause certificate of re-entry and afford three months to make representations — service by registered post — invalidity of re-entry without compliance; reliefs including cancellation of allocation, direction to effect transfer swap, and assessment of improvements to prevent unjust enrichment.
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29 May 2023 |
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Claim of constructive/unfair dismissal failed: plaintiff never resigned and lacked evidence to prove emoluments or statutory termination.
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Employment law — constructive dismissal requires resignation or notice in response to employer's repudiation; suspension is not termination — unfair dismissal requires statutory breach — courts should not award pay for unworked suspension periods without conditions of service (risk of unjust enrichment) — court-ordered termination subject to statutory referral procedures — interlocutory relief under Order 3 Rule 2 requires an enabling provision.
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23 May 2023 |
| April 2023 |
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Written sale with buy-back option, not a loan; plaintiff failed to prove repayment, specific performance and damages awarded to defendant; repayment ordered net of damages.
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Property law — contract of sale with buy-back option — interpretation of written agreements; inadmissibility of extrinsic evidence to contradict clear contract terms; caveat and remedy under Lands and Deeds Registry Act; specific performance for contracts of land; unjust enrichment and repayment of monies paid towards a buy-back.
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21 April 2023 |
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Court held the parties executed a sale with a buy-back option, not a loan, denying caveat removal and granting specific performance.
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Property law — contract of sale with buy-back option vs. secured loan; construction of written agreements; admissibility of extrinsic evidence; caveat removal; specific performance; assessment of redemption/extension charges.
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21 April 2023 |
| March 2023 |
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Contract suspension under an express clause upheld; plaintiff failed to prove claimed losses; defendant's K12,792 counterclaim succeeds.
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Contract law — distributorship — suspension versus termination — clause permitting suspension for non-payment; civil burden of proof — claimant must prove special losses with transaction-specific evidence; weight of reconciliation documents and unsigned communications; counterclaim established by final reconciliation.
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29 March 2023 |
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21 March 2023 |
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Committee’s annulment of all elections using unadopted draft rules and without hearing affected persons was unlawful and quashed.
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Administrative law — judicial review — internal disciplinary/electoral bodies — amenability to review (Datafin) — excess of jurisdiction — use of unpromulgated draft rules — breach of natural justice — Wednesbury unreasonableness.
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6 March 2023 |
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Plaintiff's premature rescission barred specific performance; deposit refundable; defendant awarded nominal damages and assessed legal fees.
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Contract law — rescission and anticipatory breach — premature rescission bars specific performance; withholding deposits and unilateral deductions require contractual authority or judicial determination — damages and legal fees recoverable but must be proved/assessed.
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6 March 2023 |
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Whether the applicant's challenge to a public body's suspension must proceed by judicial review with leave or by writ.
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Administrative law — Judicial review v. ordinary civil action; leave requirement (Order 53); Order 14A and Order 33 (preliminary issues/strike out); declarations and damages; procedural impropriety, illegality, irrationality; when full trial/viva voce evidence is required.
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4 March 2023 |
| February 2023 |
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Leave to appeal granted; stay refused because the judgment did not grant an enforceable remedy and the arbitral award was not stayable; writ of fieri facias set aside.
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Arbitration: leave to appeal; stay of execution — judgment dismissing challenge to arbitral award not stayable; arbitral awards become enforceable as court orders once set-aside period expires or application refused; courts lack jurisdiction to stay awards they did not render; registration and enforcement of awards to be pursued in same court/process; irregular writ of fieri facias set aside.
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28 February 2023 |
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Summary determination under Order 14A refused where disputed oral loan, certificate status and vehicle sale issues required a full trial.
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Procedure — Order 14A (summary determination) — procedural prerequisites and suitability for determination; Contract law — enforceability of oral money‑lender agreements post Money Lenders Act; Security v sale — whether vehicle sale was collateral; Interest — validity of 30% per month; Evidence — disputes of fact require full trial.
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22 February 2023 |
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Whether Cabinet Circular No.3/2001 binds statutory bodies and entitles seconded civil servants to equivalent employment terms.
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Administrative law — Cabinet Office Circulars — binding effect on statutory bodies; Employment/contract law — secondment — clause 2(g) interpretation; Remedies — assessment of back pay, interest and costs.
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21 February 2023 |
| January 2023 |
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Whether pre-renewal appraisal or vacation leave created implied contractual rights or a legitimate expectation of renewal.
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Employment law — fixed-term contract renewal — implied terms from established workplace practice — business efficacy test; legitimate expectation — vacation leave and contract termination date; enforceability of grievance procedure post-termination; remedies for non-renewal.
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23 January 2023 |