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Citation
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Judgment date
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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.
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.
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.
["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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Fraudulent registration of land title annulled; advocate and Registrar held liable for negligent conveyancing and failure to detect fraud.
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 |
| 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.
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.
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.
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 plaintiff succeeds: defendant breached contract by delivering a leaking roof causing damage; untested expert report inadmissible.
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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A demand letter is mandatory with a writ but omissions are not fatal where the defendant knew and admitted the debt.
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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Applicant granted summary possession based on conclusive certificate of title; adverse possession barred once title issued.
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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Court granted a vesting order under section 14 and ordered the Deputy Registrar to execute transfer documents for non-compliant respondents.
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.
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.
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 |
| October 2025 |
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Informal pre-allocation agreements void; registered title protects purchaser; occupants must vacate and mesne profits accrue to purchaser.
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.
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.
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 |
| 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.
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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A failed defence and personal circumstances did not reduce moral blameworthiness; life sentences imposed for murder.
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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Forfeiture of recognizance requires hearing; conflating contempt and detaining paid sureties is unlawful.
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 |
| 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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Delayed pension payments breached Article 189; Defendant must re-compute and pay differences, arrears, allowances and interest.
Constitutional law – Article 189 – prompt payment of pension benefits and retention on payroll; Public service – Circular B25/2013 – notching/harmonisation, job evaluation and re-grading; Remedies – re-computation of pension lump sums, payment of arrears and interest; unjust enrichment – refusal to reinstate on payroll where arrears awarded.
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18 August 2025 |
| July 2025 |
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Court granted a receiving order where the respondent failed to comply with a bankruptcy notice and statutory prerequisites were met.
Bankruptcy law – Creditor's petition – Receiving order – Final unsatisfied judgment – Service and substituted service – Act of bankruptcy (s.3(1)(g)) – Failure to comply with bankruptcy notice – Court may proceed in respondent's absence.
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24 July 2025 |
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Appellant’s claim for conveyancing fees dismissed because non‑solicitor carried out mandated conveyancing acts, rendering the contract illegal.
Contract law — Illegality — Section 90 Lands and Deeds Registry Act — Unauthorized person performing conveyancing for reward; Agency law — entitlement to remuneration; Subordinate Court summary procedure — court's duty to address illegality.
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23 July 2025 |
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Court confirmed Mareva injunction extended to third‑party assets (Chabra jurisdiction) subject to plaintiffs' undertaking as to damages.
Civil procedure – Mareva (freezing) injunction; requirements: good arguable case, assets in jurisdiction, real risk of dissipation; extension to third-party assets (Chabra jurisdiction); undertaking as to damages; interlocutory relief.
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22 July 2025 |
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Convictions for possession of a pangolin were quashed where prosecution failed to prove knowledge, possession, or the alleged phone call.
Wildlife law – unlawful possession of protected animal (pangolin) – possession requires knowledge and control (Penal Code s.4) – burden on prosecution – failure to produce phone/provider evidence by police – dereliction of duty – appellate reversal of trial facts where relevant police evidence withheld.
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14 July 2025 |
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Interim restraint refused where defendant intends to plead justification and applicant failed to identify specific defamatory words or persons.
Civil procedure — interlocutory injunction — prior restraint on publication — defamation — requirement to identify specific words and persons — defence of justification/fair comment — public interest in free speech.
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14 July 2025 |
| June 2025 |
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24 June 2025 |
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The applicant's resignation did not amount to constructive dismissal; disciplinary action did not fundamentally breach the employment contract.
Employment law – Constructive dismissal – three‑part test (resignation, fundamental breach, prompt action) – disciplinary process – unauthorised absence vs refusal to obey lawful instructions – internal remedies and PIP regularisation – high threshold for constructive dismissal.
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23 June 2025 |
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Non-compliance with Companies Act procedures rendered the director removal and share forfeiture void; plaintiff restored and entitled to account.
Companies Act s98 — removal of directors — mandatory notice and procedural safeguards; Calls on shares and forfeiture — requirement for board/shareholder resolution under articles and s148; Right of director/shareholder to inspect company records and to dividends (s159); Allegations of fraud require higher standard of proof; Loan largely settled — entitlement to reserved plot.
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19 June 2025 |
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Termination unlawful where respondent failed to specify or substantiate valid reasons connected to conduct or operational requirements.
Employment law – termination – Section 36(3) Employment Act – employer must give and prove valid reason connected to capacity, conduct or bona fide operational requirements – employer bears evidential burden – disciplinary procedure where misconduct alleged – damages for wrongful termination.
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19 June 2025 |
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Requirement to seek DEC permission and confiscation of passport unlawfully restricted the applicant's freedom of movement; presentation to court ordered.
Constitutional law — freedom of movement and passport seizure — police bond conditions; right to fair hearing within a reasonable time (Article 18(1)); limits on administrative restrictions pending criminal investigations.
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17 June 2025 |
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Circumstantial evidence and investigative failures meant murder was not proved beyond reasonable doubt; accused acquitted.
Criminal law — Murder — Circumstantial evidence and burden of proof beyond reasonable doubt — Res gestae admissible but not determinative — Investigative duty to conduct forensic examination (fingerprints on weapon) — Failure to investigate possible third‑party intruder operates in favour of accused — Where multiple inferences possible, adopt inference favourable to accused.
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16 June 2025 |
| May 2025 |
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A clerical error in a writ's cause number does not void enforcement of a registered arbitral award absent a court-ordered stay.
Arbitration enforcement – registered arbitral award – execution by writ of fieri facias – incorrect cause number is irregularity not nullity – pending challenge does not bar enforcement absent stay – remedy is regularisation of writ.
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27 May 2025 |
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Application to dismiss for want of prosecution fails where ongoing interlocutory activity and efforts to comply are shown.
Civil procedure — Dismissal for want of prosecution — O. LIII R.10(10) HCR — meaning of 'no progress' after filing — interlocutory activity and compliance efforts bar dismissal — costs awarded.
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8 May 2025 |
| April 2025 |
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Application to consolidate arbitration-related actions dismissed because the matters were in different divisions and transfer was required.
Civil procedure – Consolidation of actions – Order III r5 HCR and Order 4 r9 RSC – divisional jurisdiction – arbitration awards – transfer vs consolidation – mootness of interlocutory award proceedings.
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2 April 2025 |
| March 2025 |
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Court orders plaintiffs to file an undertaking as to damages within 14 days after finding omission not automatically fatal to injunction.
Civil procedure – interlocutory injunction – undertaking as to damages – requirement and purpose – omission not automatically fatal – court’s discretion to require undertaking post-grant where justice demands.
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31 March 2025 |
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Committal proceedings set aside: notice lacked particulars and order lacked mandatory penal notice; personal service defect not fatal in context.
Civil procedure – Committal for contempt – Order 52 RSC – Particularity required in notice of motion; Order 45 RSC – Penal notice mandatory where order requires a person to do an act; personal service – defect curable where represented party had notice.
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31 March 2025 |
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Court discharged an ex-parte stay, holding courts cannot stay non-judicial party decisions and expunged defective affidavit paragraphs.
Civil procedure – stay of proceedings – limits of court’s power to stay extrajudicial decisions of a political party leader; judicial review exception; procedural compliance with affidavit rules (Order 5 rules 15 and 20(c)); substitution of parties premature without formal Registrar recognition.
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25 March 2025 |
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Court dismissed application to disqualify plaintiff’s counsel for conflict absent proof of relevant confidential information and risk of disclosure.
Procedure — preliminary issues under Order 33 Rule 3 may be raised by notice of motion; Legal Practitioners Rules — conflict of interest and duty of confidentiality (including former clients); admissibility — expunction of hearsay paragraphs; refusal to disqualify counsel absent proof of relevant confidential information and risk of disclosure.
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24 March 2025 |
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A disciplinary communication to board members was protected by qualified privilege; defamation claim dismissed for lack of proven malice.
Defamation – meaning and publication; Qualified privilege – common interest between sender and addressees; Malice – required to defeat qualified privilege; Burden of proof on plaintiff to rebut privilege.
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11 March 2025 |
| February 2025 |
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Whether alleged defamatory media reports harmed the applicant's reputation and justified damages.
Defamation – libel – publications alleging involvement in illegal timber cartel – burden on plaintiff to prove reputational injury to right‑thinking members of society – plaintiff's own testimony insufficient – truth/justification and fair comment pleaded but claims dismissed for failure to prove defamation.
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28 February 2025 |
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Alleged violation of the right to freedom of conscience and religion, right to education, and right to protection from discrimination
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19 February 2025 |
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Board lacked jurisdiction to try Vice‑Chancellor; appellant awarded arrears, benefits and three months’ salary damages.
Higher Education Act — Staff Tribunal required for disciplinary cases (Third Schedule, para 22); Employment discipline — double jeopardy analogy; Contract/disciplinary code interpretation — typographical error and contra proferentem; Natural justice and jurisdiction; Remedies for wrongful dismissal — arrears, benefits, damages, interest; Interpretation of “period of appeal.”
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6 February 2025 |