Results.
16 judgments found.
|
|
|
| March 2024 |
|
|
A co‑executor showing a grant of probate has prima facie interest for joinder; substantive estate questions reserved for trial.
-
Joinder of parties — Order 59 RSC — Prima facie interest by co‑executor shown by grant of probate — Interlocutory relief; estate of former president — Benefits of Former Presidents Act vs testamentary residue — Substantive issues reserved for trial — Leave to appeal granted
|
28 March 2024 |
|
Uncontested divorce granted on five years' separation; petitioner given custody, access to respondent; maintenance and property referred.
-
Family law — Matrimonial Causes Act (s.8, s.9(1)(e)) — five years' separation — decree nisi granted — custody and access awarded — maintenance and property referred to Deputy Registrar — each party bears own costs.
|
26 March 2024 |
|
A contractual dispute over a settlement agreement is private law and not amenable to judicial review, so leave to apply was dismissed.
-
Administrative law — judicial review limited to public law decisions — contractual disputes and tender/reengagement issues are private law matters not amenable to judicial review — jurisdictional consequence of wrong mode of commencement.
|
26 March 2024 |
|
Decree nisi granted where parties had continuously lived apart five years and respondent consented; each party to bear own costs.
-
Matrimonial Causes Act — Divorce — living apart for five years — irretrievable breakdown — consent of respondent — decree nisi — special procedure — costs each party.
|
25 March 2024 |
|
Procedural delays do not void a disciplinary dismissal for proven absenteeism; outstanding emoluments to be quantified.
-
Employment law — disciplinary procedure — delay in hearing/communication does not automatically nullify tribunal decision — absenteeism — fairness of dismissal — assessment of outstanding emoluments.
|
20 March 2024 |
|
Proceedings against a company in liquidation are stayed until the complainant obtains leave from the High Court; IRD lacks power to grant such leave.
-
Corporate insolvency — s66 Corporate Insolvency Act — stay of proceedings against company in liquidation without leave — jurisdiction — Industrial Relations Division v
-
High Court General List — representation — s91 and Rule 57 — requirement that representative be legal practitioner or registered representative body
|
19 March 2024 |
|
Court entered judgment for rent and possession on admission but refused distress against vehicle for lack of ownership proof.
-
Rent law — verbal lease enforceability — judgment on admission — recovery of rent and possession — distress/levy against movable property — requirement to prove ownership.
|
19 March 2024 |
|
Applicant established unpaid salary, subsistence and leave claims against the respondent company; broad lump-sum and inconvenience claims dismissed.
-
Employment law — proof of employment and unpaid wages — statutory default terms where no written contract — subsistence allowance for work away from hometown — admissibility and weight of uncontested documentary salary arrears.
|
14 March 2024 |
|
Plaintiff failed to prove that 'Mushingashi' was its trading name, so lacked standing to sue for alleged defamation.
-
Defamation — identification of claimant by trading name — necessity of proving link between alleged name ('Mushingashi') and corporate claimant; publication via WhatsApp; burden of proof and locus standi; failure to adduce corroborative documentary evidence; dismissal; leave to appeal granted.
|
14 March 2024 |
|
Applicant’s originating summons granted; Registrar ordered to execute Deed of Assignment after substituted service and respondents’ non-appearance.
-
Civil procedure — originating summons — substituted service — default/non-appearance — order directing Registrar to execute Deed of Assignment — costs awarded to applicant.
|
11 March 2024 |
|
The applicant's dismissal application under Order XIX Rule 8 granted after no prosecutorial steps for over sixty days.
-
Civil procedure — dismissal for want of prosecution — Order XIX Rule 8 — discretionary power to dismiss after sixty days with no progress — judicial jurisdiction.
|
11 March 2024 |
|
A writ enforcing a foreign‑currency judgment was set aside for irregularity for failing to state the kwacha equivalent.
-
Civil procedure — Enforcement of foreign‑currency judgment — writ of fieri facias must show kwacha equivalent/certificate per Order XLII and Schedule forms; expunging extraneous affidavit material; stay of execution principles.
|
11 March 2024 |
|
High Court dismissed leave for judicial review because constitutional interpretation of JCC’s actions lies with the Constitutional Court.
-
Judicial review — Jurisdiction of High Court — Limits where resolution requires interpretation of non‑Bill‑of‑Rights constitutional provisions — Article 128 exclusive jurisdiction of Constitutional Court; Judicial Complaints Commission — power to call witnesses and procedural fairness; Retirement of judge — Article 142(2) and effect on JCC jurisdiction; Order 53 (English Rules) applicable subject to constitutional limits.
|
11 March 2024 |
|
Applicant failed to show a right to interim relief; injunction discharged and unfair competition claim held outside High Court jurisdiction.
-
Interim injunctions — criteria: serious question to be tried, adequacy of damages, balance of convenience; Public Roads Act & permits; RDA v local authority jurisdiction over billboard permits; non‑disclosure (clean hands); jurisdictional limit — unfair competition to Competition and Consumer Protection Commission
|
7 March 2024 |
|
The respondent's committee unlawfully annulled entire elections based on one petition, denying the applicants a hearing.
-
Administrative law — Judicial review of internal disciplinary/election body — Excess of jurisdiction — Use of unapproved draft rules — Breach of natural justice (audi alteram partem) — Wednesbury unreasonableness — Internal constitutional amendment process.
|
6 March 2024 |
|
|
6 March 2024 |