Results.
25 judgments found.
|
|
|
| June 2024 |
|
|
Court entered judgment on admission for US$7,340 despite defendant's counterclaim, awarding LIBOR interest and costs.
-
Judgment on admission; Order 21 HCR / Order 27 RSC; clear and unequivocal admission; counterclaim does not preclude judgment on admitted sum; foreign currency judgment — LIBOR interest; costs; leave to appeal.
|
28 June 2024 |
|
Prosecution failed to prove aggravated robbery: unreliable single-witness ID, broken exhibit chain, and no proof of weapon or injury.
-
Criminal law — Aggravated robbery — Elements: theft, weapon/companions, and use/threat of violence; Identification evidence — single witness reliability and necessity for corroboration; Evidence handling — chain of custody for exhibits; Alibi and police custody records.
|
27 June 2024 |
|
A judge of the High Court will not set aside an interlocutory order made by a judge of equal jurisdiction; appeal required.
-
Civil procedure — interlocutory order — further and better particulars — jurisdiction to set aside orders of a judge of equal rank — inherent jurisdiction — Order 35 Rule 5 — High Court Act s.4.
|
25 June 2024 |
|
Default judgment refused because special damages require liability and strict proof before judgment in defendant's absence.
-
Civil procedure — Default judgment — High Court Rules Order 12(1)(5) — Special (pecuniary) damages — Liability must be established and quantum strictly proved before default judgment — Incorrect reliance on foreign procedural provision.
|
25 June 2024 |
|
Decree Nisi granted after two years' separation with consent; joint custody and equal child maintenance ordered.
-
Divorce law — irretrievable breakdown — two years' separation plus consent — Special Procedure (documents/affidavit-based determination) — Order 30 Rule 6A — Decree Nisi to absolute — joint custody and equal maintenance.
|
24 June 2024 |
|
Interim injunction refused where applicant failed to show a serious question to be tried and made material non-disclosure.
-
Interim injunctions — American Cyanamid principles — requirement of a serious question to be tried — adequacy of pleadings and exhibition of particulars of fraud — duty of full and frank disclosure — dismissal for non-disclosure and lack of arguable case.
|
24 June 2024 |
|
High Court cannot decide re-entry merits but may equitably transfer such disputes to the Lands Tribunal.
-
Lands Act s13(3) — re-entry disputes — High Court substantive jurisdiction ousted for re-entry matters — High Court Act s13 equitable jurisdiction — power to refer/transfer to Lands Tribunal — distinction between jurisdiction to hear and to refer — joinder of affected party — leave to appeal.
|
21 June 2024 |
|
Appeal dismissed; trial court’s site-visit factual findings upheld and allegations of fraudulent witness unproven.
-
Property law — boundary dispute — site visit and measurement — appellate review of trial court’s factual findings; standard for overturning findings (misdirection/perversity/absence of relevant evidence) — allegation of false witness — procedural non-appearance and failure to file affidavit not grounds to set aside judgment.
|
21 June 2024 |
|
Plaintiffs raised serious issues but failed to prove irreparable harm; interim injunction dismissed with costs.
-
Interim injunction — American Cyanamid test — serious question to be tried; irreparable injury; adequacy of damages; balance of convenience; union disciplinary procedure and natural justice; effect of post-suspension elections.
|
18 June 2024 |
|
Decree nisi granted for two‑year separation; custody to the petitioner; property and maintenance matters referred to Deputy Registrar.
-
Family law — Matrimonial Causes Act ss.8 and 9(1)(d) — two years’ separation as ground for divorce — decree nisi — custody of children — referral of property settlement and maintenance to Deputy Registrar — costs each party to bear.
|
14 June 2024 |
|
The court held there is no statutory deadline for applications for leave to file out of time under section 85(3).
-
Industrial and Labour Relations Act s.85(3) — no statutory deadline set for applications for leave to file complaint out of time; ex‑parte hearing permissible pre‑commencement; discretion to extend time where cogent reasons existed before expiry of mandatory period; financial constraints and attempts to resolve dispute may justify extension.
|
13 June 2024 |
|
Bill taxed; double-counsel costs disallowed without judge’s certification; total taxed amount ZMW53,873.95.
-
Taxation of costs — taxing master’s discretion — reasonableness of costs — double counsel disallowed without trial judge certification (Order 5(2) Legal Practitioners (Costs) Order 2017) — certificate of taxation upon payment of taxing fee.
|
13 June 2024 |
|
Plaintiffs held to be licensees; statutory authority to redevelop market precludes interim injunction for traders.
-
Interim injunctions — American Cyanamid principles; licensee vs proprietary interest in market stalls; statutory powers of local authorities to manage, move or redevelop markets (Markets and Bus Stations Act; Urban & Regional Planning Act); status quo and irreparable harm; challenge by judicial review vs interlocutory proceedings.
|
12 June 2024 |
|
Child eyewitness testimony corroborated by dying declarations and forensic post‑mortem supported a murder conviction.
-
Criminal law — Murder — Identification by child witness — Admissibility and weight of res gestae (dying declarations) — Post‑mortem evidence of incised abdominal wound and extrusion of intestines — Malice aforethought under section 204 — Alibi disproved.
|
12 June 2024 |
|
Application to consolidate dismissed; K24,000 counterclaim statute‑barred, K16,000 overpayment claim allowed to proceed.
-
Limitation Act 1939 — six‑year limitation for actions founded on simple contract or tort — part of counterclaim time‑barred; Civil procedure — consolidation of actions — Order 4 Rule 9(1) (White Book) — consolidation requires common questions of law or fact or arising from same transaction; multiplicity of actions to be avoided; where causes seek distinct relief consolidation inappropriate.
|
11 June 2024 |
|
Court ordered rectification of the land register and compelled surrender of the title after judgment debt was paid.
-
Lands and Deeds Registry Act s11 — rectification of Register; High Court Act s13 — equitable jurisdiction to grant relief; assignment of land during pending litigation; order for surrender of certificate of title; costs.
|
10 June 2024 |
|
High Court lacks jurisdiction to review DPP refusal to authorize private prosecution where resolution requires interpreting non–Bill of Rights constitutional provisions.
-
Judicial review — private prosecutions — Director of Public Prosecutions discretion (Article 180(7)) — constitutional interpretation — High Court jurisdiction v Constitutional Court (Article 128) — leave to apply for judicial review — concurrent civil and criminal proceedings.
|
10 June 2024 |
|
Decree Nisi granted where parties lived apart over two years with consent; property settlement referred to mediation.
-
Divorce law — irretrievable breakdown — two years' separation plus consent — Special Procedure for undefended divorces — determination on affidavit under Order 30 Rule 6A — Decree Nisi — referral of property settlement to mediation.
|
7 June 2024 |
|
Applicant proved on the balance of probabilities that the Respondent failed to show an enforceable interest, so the caveat was removed.
-
Lands and Deeds Registry Act — Caveats — Sections 76–83 — Caveator must disclose enforceable interest; burden to show cause under s.81; equitable interest requires cogent evidence (assignment, payment or enforcement).
|
6 June 2024 |
|
Ex-parte interim injunction discharged where plaintiff failed to prove valid customary land title and did not specify the land extent.
-
Customary land — alienation requires traditional chief consent; Interim injunction — American Cyanamid principles; Ex-parte injunctions are temporary and subject to discharge after inter-partes hearing; Necessity of clear identification/extent of land and clean hands in equity.
|
6 June 2024 |
|
Whether an unqualified donee may conduct litigation under a power of attorney; court stayed proceedings pending appellate guidance.
-
Legal Practitioners Act s.42(1) — prohibition on unqualified persons practising as advocates; Representation — validity of litigation commenced by a donee under a power of attorney; Locus standi — whether a non-qualified donee has standing to sue; Abuse of court process — litigating through an unqualified representative; Stay of proceedings — awaiting Court of Appeal guidance.
|
6 June 2024 |
|
Minister lawfully refused mineral exploration in a Ramsar-area due to ecological sensitivity and inadequate mitigation.
-
Environmental law — Ramsar wetlands — ecological sensitivity and precautionary principle — GPS coordinates as notional centre points — ministerial review under Environmental Management Act — reliance on ZEMA and Wildlife technical advice — mitigation and monitoring inadequacy.
|
5 June 2024 |
|
Debtor’s long-term installment proposal rejected; court allows six monthly payments, default makes whole debt immediately due.
-
Civil procedure — Payment of judgment by installments — Order 36 r 9 High Court Rules — Requirement for realistic repayment schedule and supporting evidence — Reasonableness of repayment period — Enforcement on default (writ of fifa).
|
5 June 2024 |
|
Interlocutory injunction granted to preserve status quo and compel payment of rents into court pending trial.
-
Interlocutory injunction — preservation of status quo — requirement of a serious question to be tried, prima facie right and irreparable injury — balance of convenience — rents to be paid into court.
|
5 June 2024 |
|
Interim injunction discharged where land claim was statute-barred and balance of convenience favoured the occupier.
-
Interim injunctions — application of American Cyanamid principles — balance of convenience and irreparable harm; Limitation Act — 12-year prescription for recovery of land — cause of action time-barred; clean hands doctrine; dispute over customary/statutory land and evidentiary insufficiency to establish ownership.
|
4 June 2024 |