Results.
135 judgments found.
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| December 2025 |
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Whether discontinuance of judicial review must follow White Book/RSC procedure or may be effected under Order XVII HCR.
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Civil procedure — judicial review — discontinuance — applicability of Order XVII rule 1 High Court Rules versus White Book/Rules of the Supreme Court — setting aside proceedings — Order 2 RSC — inherent jurisdiction — procedure where domestic rules and English practice interact.
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31 December 2025 |
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Court grants mandamus to compel the Minister to decide the applicant's appeal within 90 days; declines to compel an immediate impact assessment.
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Judicial review — mandamus — compelling ministerial determination of appeal under s.145(1) Zambia Wildlife Act; Wildlife Impact Assessment request under s.38(1); no express statutory timeframe but duty to act within reasonable time; locus standi of public‑interest organisations; Wednesbury unreasonableness; disclosure and transparency in awarding tourism concessions.
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22 December 2025 |
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Electronic trespass via continued authorization messages upheld; deactivation ordered and K30,000 awarded; mental anguish claim dismissed.
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["Electronic trespass; trespass to chattels extended to unsolicited authorization/data messages","Authentication of electronic evidence and data messages under the Electronic Communications and Transactions Act","Trespass actionable per se; damages available for digital interference","Proof required for claims of mental anguish/nervous shock; need for credible/medical evidence","Remedy: decommissioning of credentials and award of moderate general damages"]
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18 December 2025 |
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High Court lacks jurisdiction to challenge an unappealed Local Court property settlement authorising sale; action dismissed.
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Family law — divorce and property settlement — Local Court order authorising sale — appeals procedure under Local Courts Act s56 — jurisdiction of High Court to entertain collateral challenge — sale executed by Sheriff's Office — dismissal for lack of jurisdiction
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16 December 2025 |
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Divorce granted for irretrievable breakdown; joint custody ordered prioritising children's best interests, stability, and shared access.
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Divorce—irretrievable breakdown—unreasonable behaviour; Children—best interests, continuity and stability; Joint custody—structured residence and access; Social Welfare report as material welfare evidence
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15 December 2025 |
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Divorce granted for irretrievable breakdown due to unreasonable behaviour; shared custody ordered prioritising children's best interests.
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Matrimonial Causes Act — irretrievable breakdown — unreasonable behaviour (cumulative objective test); Children's Code Act — best interests of the child; shared parental responsibility; structured residence and contact; GPS tracking and non‑consensual DNA testing as relevant conduct
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15 December 2025 |
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Court granted review for omitted evidence, confirmed primary residence with respondent, and enhanced petitioner's access.
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Review (Order 39) — omission of material evidence; Stay pending review; Child custody — best interests and continuity of care; Variation of custody — material change and access enforcement; Role of Department of Child Welfare in mediation
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12 December 2025 |
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Divorce granted where parties lived apart over two years with respondent’s consent; petitioner awarded custody on children’s best interests.
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Matrimonial Causes Act — irretrievable breakdown — Section 9(1)(d) — two years’ continuous separation and consent; cessation of marital relationship test; Children’s Code Act 2022 — best interests of the child — custody, care and access; decree nisi to become absolute
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11 December 2025 |
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Court granted divorce on respondent’s cross-petition for petitioner’s unreasonable behaviour; custody to respondent and maintenance ordered.
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Matrimonial causes — Unreasonable behaviour (Section 9(1)(b)) — Test for irretrievable breakdown — Jurisdiction — Cohabitation/resumption (Section 9(4)) — Child custody and maintenance — Children’s Code Act, 2022 — Spousal maintenance — Evidence/admissions under cross-examination
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11 December 2025 |
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Fraudulent registration of land title annulled; advocate and Registrar held liable for negligent conveyancing and failure to detect fraud.
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Land law — Fraudulent conveyance — Registered Certificate of Title cancellable for fraud; bona fide purchaser defence unavailable where fraud proved; vendor’s advocates (stakeholders) and Registrar liable in negligence for failing to verify identity and Green File records.
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9 December 2025 |
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Court ordered counsel to withdraw due to an appearance of conflict from representing a client controlled by the respondent.
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Conflict of interest; legal professional privilege; Order 33 Rule 2 (preliminary issues); Section 128 Banking and
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Financial Services Act—Bank standing in place of liquidated company; ethical duties under Legal Practitioners' Practice Rules
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5 December 2025 |
| November 2025 |
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Court awards joint legal custody, primary residence with applicant, structured access, and equal sharing of child-related expenses.
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Children's Code Act — best interests paramount — joint legal custody of unmarried parents — structured access and shared maintenance obligations
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28 November 2025 |
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Interim attachment dismissed for failure to show intent and prior request for security; interlocutory injunction granted preserving vehicles.
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Civil procedure — interim attachment under Order XXVI Rule 1 — applicant must show defendant about to dispose assets with intent to obstruct execution and must first call on defendant to furnish security; Interlocutory injunction under Order XXVII Rule 1 — test: serious question to be tried, irreparable harm, balance of convenience, clean hands; Use of RTSA vehicle registration records as lawful evidence; Preservation of assets by Sheriff pending trial
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26 November 2025 |
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Application to stay execution of writ of elegit dismissed for lack of arguable defence, inadequate explanation and unreasonable delay.
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Civil procedure — Stay of execution — Writ of elegit — Default judgment — Setting aside default judgment requires arguable defence and explanation for default — Service of process and unreasonable delay — discretionary relief.
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25 November 2025 |
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Detention upheld as justified by reasonable and probable cause; malicious prosecution claim misdirected against Attorney-General, losses unproven.
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False imprisonment — reasonable and probable cause — complainant report and medical report as justification; Malicious prosecution — proper defendant under National Prosecution Authority Act; Requirement to plead and prove special damages; Exemplary/aggravated damages — need for contumelious conduct.
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17 November 2025 |
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A titleholder cannot remove occupants from a gazetted road reserve controlled by the Road Development Agency; only occupants on the titled farm outside the reserve must vacate.
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Public Roads Act — road reserve (trunk road) — prohibition on permanent structures; Road Development Agency control and removal powers; locus standi of titleholder limited where land forms part of public road reserve; trespass and relief where occupants are outside road reserve; Environmental Management Act not pleaded.
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17 November 2025 |
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The applicant granted specific performance and a partial refund after respondents failed to facilitate subdivision numbering.
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Contract law — Sale of land — Specific performance — Vendor’s obligation to pay subdivision/registration fees — Subdivision/numbering delay at Ministry of Lands — Refund of expenses paid by purchaser — Damages for distress in commercial contracts not recoverable absent special object or oppressive conduct
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14 November 2025 |
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A ten‑year unexplained delay and repetitive applications amounted to abuse; appeal out of time denied and prior property order enforced.
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Extension of time — inordinate and unexplained delay — discretion refused; Abuse of process — repetitive re‑litigation barred; Article 118(2)(e) — does not excuse gross non‑compliance with statutory time limits; Matrimonial property adjustment — prior ancillary order final and enforceable; Prejudice and finality — successful party entitled to fruits of judgment
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13 November 2025 |
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The plaintiff succeeds: defendant breached contract by delivering a leaking roof causing damage; untested expert report inadmissible.
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Contract law — breach of contract for defective building works; standard of workmanship; admissibility and disclosure of expert evidence; proof of special damages (alternative accommodation); registration/qualification of contractor not determinative of contractual liability.
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13 November 2025 |
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Court presumed a missing person dead after 24 years, granted leave to swear death, and ordered property to revert under Bona Vacantia.
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Presumption of death — common law seven‑year rule — prolonged unexplained absence and reasonable inquiries — leave to swear death — Bona Vacantia — Order 3 Rule 2 High Court Rules
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13 November 2025 |
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Whether absence or deficient demand letter renders plaintiff's writ incompetent; court held omission non-fatal given demand and admission.
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Civil procedure — Order 6(1)(d) High Court Rules — requirement to attach letter of demand to writ of summons — mandatory language ('shall') — curability of breach — Order 33(3)/Order 14A preliminary determination — sufficiency of demand correspondence and admission of debt.
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13 November 2025 |
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A demand letter is mandatory with a writ but omissions are not fatal where the defendant knew and admitted the debt.
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High Court Rules Order 6(1)(d) — requirement to attach letter of demand to writ of summons — mandatory but some breaches curable; Order 33/Order 14A preliminary point of law; demand letter sufficiency and acknowledgment of debt.
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13 November 2025 |
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The applicant's claim failed because the respondent did not ratify the pre‑incorporation contract by ordinary resolution.
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Companies Act s.20 — pre‑incorporation contracts — ratification by ordinary resolution within fifteen months — separate legal personality — implied ratification insufficient without evidence — apportionment of liability under s.20(4) not sought/established
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13 November 2025 |
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Applicant granted summary possession based on conclusive certificate of title; adverse possession barred once title issued.
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Property law — summary possession — Order 113 Rule 1 White Book; Certificate of title — Section 33 Lands and Deeds Registry Act — conclusive evidence of ownership; Adverse possession — Section 35 — barred where certificate of title issued; Squatters — occupation without licence or consent; Relief — ejectment and costs.
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12 November 2025 |
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The court appointed the applicant guardian of the minor's estate despite a surviving parent, ordering co-trusteeship and compulsory accounting.
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Children's Code Act (ss.158-159) — Guardianship of estate distinct from guardianship of person; Intestate Succession Act (s.32) and s.19(1)(d) — duty to account; parens patriae jurisdiction; appointment of guardian of estate despite surviving parent; minors' trust account; co-trusteeship; compelled verified account; protective directions to prevent dissipation
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7 November 2025 |
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Court granted a vesting order under section 14 and ordered the Deputy Registrar to execute transfer documents for non-compliant respondents.
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High Court Act s.14 — Vesting order; nomination of person to execute conveyance where party neglects or refuses to comply with judgment; Deputy Registrar authorized to sign State Consent and Deed of Assignment; failure to complete transfer after appellate judgment.
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7 November 2025 |
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Insufficient pleading and evidence of fraud: application to pierce corporate veil dismissed, leave to appeal granted.
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Corporate veil — Piercing corporate personality — Section 175(1) Corporate Insolvency Act — Fraudulent trading — Particulars of fraud required — Dishonoured cheques insufficient to establish concealment or evasion — Alternative enforcement remedies.
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5 November 2025 |
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Whether a secured creditor may seize inventory without a court order where borrower contractually consented and recovery limited by banking law.
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Secured transactions — Collateral and inventory — Contractual consent to seizure without court order — Pleading requirements — Conversion/unjust enrichment claims — Non-performing loan: recoverable amounts and statutory cap under Banking and Financial Services Act s.110 — Movable Property (Security Interest) Act enforcement notice considered but contractual consent effective.
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5 November 2025 |
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Ex-parte injunction restraining a cooperative society's AGM discharged; member entitled to inspect records under the Act and by-laws.
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5 November 2025 |
| October 2025 |
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Informal pre-allocation agreements void; registered title protects purchaser; occupants must vacate and mesne profits accrue to purchaser.
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Land law — Government pool houses — council recommendation vs formal allocation — allocation slip required; Certificate of title conclusive absent fraud; informal pre-allocation agreement lacking consideration void; bona fide purchaser for value without notice protected; occupier improvements at own risk; eviction and mesne profits.
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22 October 2025 |
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Defendant not entitled to specific performance; caveat removed and modest payments refunded with interest.
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Property law — sale of land — Letter of Sale satisfying Statute of Frauds; Specific performance — equitable discretionary remedy — substantial performance required; Caveat — enforceable interest required to justify lodgement; Proof of damages — claimant must quantify loss.
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17 October 2025 |
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Leave granted to issue a writ of possession to enforce a consent judgment; notice requirement satisfied and COVID‑19 hardship insufficient to bar enforcement.
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Civil procedure — possession — Enforcement of consent judgment by writ of possession — Order 45 Rule 3 (White Book 1999) — Requirement of notice to person in possession — COVID‑19 hardship not automatically bar to enforcement.
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10 October 2025 |
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Failure to serve the required letter of demand on every defendant renders commenced proceedings irregular and subject to dismissal.
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Civil procedure — commencement of action — Order VI(1)(1)(d) High Court (Amendment) Rules 2020 — requirement to serve letter of demand on each defendant — failure fundamental and fatal — action struck out; leave to appeal granted.
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1 October 2025 |
| September 2025 |
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29 September 2025 |
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Registered title is conclusive; unregistered occupiers are trespassers and the register must be rectified and occupiers evicted.
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Land law — Lands and Deeds Registry Act s33 — Indefeasibility of registered title — Certificate of title conclusive absent fraud or mistake — Unregistered possession and administrative receipts do not defeat registered title — Register rectification and cancellation/amendment of overlapping certificate — Trespass, eviction and assessment of mesne profits.
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23 September 2025 |
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Interim injunction confirmed to restrain respondent's alleged defamatory publications pending trial.
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15 September 2025 |
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A failed defence and personal circumstances did not reduce moral blameworthiness; life sentences imposed for murder.
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Penal Code s.201 — murder sentencing — extenuating circumstances defined as facts diminishing moral blameworthiness — failed defence/mistake of fact not automatically mitigating — deliberate violence, abandonment and concealment preclude mitigation — life imprisonment imposed.
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9 September 2025 |
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8 September 2025 |
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Court found fraud exception tolled limitation, dismissed jurisdictional plea, and converted originating summons to writ for trial.
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Limitation Act (1939) — Sections 4(3), 19(1) and 20 — fraud/mistake postpones start of limitation; pleading fraud — distinct factual allegations suffice without literal use of the word; probate procedure — originating summons inappropriate for highly contentious fraud allegations; court's discretion to convert originating summons to writ under procedural rules; administrators' duty to render accounts.
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5 September 2025 |
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Acquittal where prosecution failed to prove causation or malice and investigative/forensic failures undermined the circumstantial case.
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Criminal law — Murder: elements of causation, unlawful act and malice aforethought; Circumstantial evidence—necessity for cogency and exclusion of reasonable alternatives; Forensic evidence and police duty—timely post‑mortem, production of exhibits and DNA results; Dereliction of investigative duty can operate in favour of the accused.
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4 September 2025 |
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Circumstantial evidence and the accused's admission suffice to convict for vandalism; duplicative malicious-damage count dismissed.
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Criminal law — Vandalism (s341D Penal Code) — Circumstantial evidence — Accused's admissions as corroboration — Duplicity in indictment — Malicious-damage count defective.
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3 September 2025 |
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The court admitted the victim’s spontaneous statements as res gestae, rejected an uncorroborated alibi, and convicted the accused of murder.
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Criminal law — Murder — elements: causation and malice aforethought; Res gestae — admissibility of victim’s spontaneous statements; Credibility of relatives’ witnesses; Alibi — requirement for particulars and corroboration; Forensic pathology — cause of death from sharp and blunt trauma.
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3 September 2025 |
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Forfeiture of recognizance requires hearing; conflating contempt and detaining paid sureties is unlawful.
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Criminal procedure — Forfeiture of recognizance (s.131 CPC) — Surety's right to be informed and heard — Distinction between forfeiture and contempt — Jurisdiction to detain where recognizance paid — High Court supervisory review (s.337–338 CPC; Subordinate Courts Act s.54).
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2 September 2025 |
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High Court lacked jurisdiction to challenge a Subordinate Court warrant of seizure; the issuing court must be approached first.
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Warrant of seizure — court order remains in force until set aside by issuing court — jurisdiction; Comity of courts — a court should not determine matters actively before another court; Constitutional challenge to subordinate court orders — must be initiated in issuing court; Locus standi and mode of commencement (not determined as otiose); Order 2 Rule 2 and Order 33 Rule 7 (White Book).
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2 September 2025 |
| August 2025 |
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Proceedings against a company in provisional liquidation commenced without leave were set aside for irregularity; costs awarded.
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Corporate insolvency — s.66 Corporate Insolvency Act — mandatory leave required to commence proceedings against a company in liquidation — irregularity and setting aside; stay pending leave; constructive notice via documents copied to provisional liquidator; affidavit extraneous matter and expunction (Order 5 r.15).
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27 August 2025 |
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A beneficiary lacks locus standi to sue third parties over estate property without joining the estate's administrator.
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27 August 2025 |
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A misnaming in the memorandum is curable by amendment, but speculative defences lacking factual basis must be amended or struck out.
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Civil procedure — pleadings — Memorandum of Appearance misnaming — irregularity curable by amendment; Pleadings must state material facts — speculative denials ("could have been", "could have contributed") are defective and must plead factual basis or be struck out.
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27 August 2025 |
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27 August 2025 |
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Employment found to commence 1 Jan 2019; dismissals procedurally unfair; awards include one month's salary and prorated 25% gratuity.
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26 August 2025 |
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Failure to file the mandatory letter of demand under Order VI rendered the originating process incompetent and warranted dismissal.
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High Court Rules (Order VI r1(d)) — mandatory letter of demand — non-compliance renders writ incompetent; Civil procedure — preliminary issues under Order 14A/Order 33; Jurisdiction/irregularity — substance over form; Res judicata/abuse of process (not determined).
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19 August 2025 |