Results.
535 judgments found.
|
|
|
| October 2020 |
|
|
Recent possession, recovery of victim's belongings, and circumstantial proof supported convictions for murder and aggravated robbery.
-
Criminal law — Murder (s.200, s.204 Penal Code) — Aggravated robbery (s.294(1) Penal Code) — Circumstantial evidence — Recent possession doctrine — Admissibility of suspects leading police to recovered exhibits — Forensic post-mortem evidence — Failure to lift fingerprints.
|
2 October 2020 |
|
Arbitration clause in an unregistered (void ab initio) lease does not survive; without-prejudice labels do not guarantee exclusion.
-
Arbitration — Severability — Arbitration clause does not survive where underlying agreement is void ab initio for non-registration; Without-prejudice communications — admissibility where no genuine settlement attempt or exceptions apply; Stay of proceedings under s.10 Arbitration Act.
|
1 October 2020 |
| September 2020 |
|
|
Borrower owes post-sale loan balance; lender liable for unreturned empty grain bags; theft and overpayment claims dismissed.
-
Contract law — secured loan — enforcement of security — costs incidental to realization of security (transport and weighbridge) recoverable; Evidence — insufficiency of proof for theft and overpayment claims; Property/contractual incident — liability for unreturned packaging (empty grain bags).
|
28 September 2020 |
|
Registrar exceeded powers by cancelling a Certificate of Title under s11(1); cancellation was ultra vires and is set aside.
-
Land law — Registrar’s powers — Section 11(1) Lands and Deeds Registry Act limits Registrar to correcting register errors and does not permit cancellation of Certificates of Title; cancellation is for the courts; jurisdiction to appeal Registrar’s decisions under Sections 87 and 89; limitation bars stale claims to recover land.
|
21 September 2020 |
| August 2020 |
|
|
Employer breached duty to provide a safe wash bay; plaintiff awarded damages; contributory negligence unsuccessful.
-
Employer duty of care — workplace safety and supervision — inadequate wash‑bay controls and signage — breach of duty — causation — contributory negligence rejected — Mines and Minerals Act strict liability applies to registered holder only — assessment of damages (pain and suffering, permanent incapacity, loss of prospective earnings).
|
31 August 2020 |
|
A statutory public body cannot sue for defamation based on corruption allegations; action dismissed for want of cause of action.
-
Defamation — capacity of statutory/public bodies to sue; Malicious falsehood — imputations of corruption against corporate bodies; Strike out for failure to disclose cause of action; Application of English common law in Zambia.
|
17 August 2020 |
|
Whether self‑defence negated murder and whether prosecution proved common intention against the accused.
-
Criminal law — murder — requirement to prove death, causation and malice aforethought beyond reasonable doubt — self‑defence as negating malice; suspect/ interested witness — danger of false implication and need for corroboration; common intention (s.22 Penal Code) — requirement of evidence linking co‑accused to the probable consequence of the unlawful purpose.
|
12 August 2020 |
|
A defendant may apply to set aside a default judgment despite judicial remarks deeming the matter closed; Registrar erred.
-
Civil procedure — setting aside default judgment — distinction between default of appearance/defence and after‑trial default judgments — Orders XII r.2 and XX r.3 HCR (and Order 19 r.9 RSC) permit setting aside without the seven‑day limit in Order 35 r.2 RSC — judge’s observational remarks do not oust jurisdiction to hear set‑aside application.
|
7 August 2020 |
| July 2020 |
|
|
An interlocutory injunction was refused where the disputed pipe had been removed and damages were an adequate remedy.
-
Interlocutory injunctions — requirement of clear right and irreparable injury — useful purpose/mootness where subject matter removed — adequacy of damages as remedy — American Cyanamid principles.
|
20 July 2020 |
|
Acquittal where identification was unreliable, alibi unrefuted, and ballistic evidence failed to corroborate prosecution case.
-
Criminal law — Identification evidence — single identifying witness — reliability in poor visibility and traumatic circumstances; Alibi — prosecution duty to disprove; Ballistic evidence — chain of custody and corroboration; Proof beyond reasonable doubt.
|
17 July 2020 |
|
A civil marriage contracted while a party is already customarily married is void ab initio, preventing a divorce of that supposed statutory marriage.
-
Family law — validity of civil conversion of customary polygamous marriage — capacity to contract second marriage — Marriage Act monogamy — Matrimonial Causes Act s27(1)(b) — void ab initio.
|
10 July 2020 |
| June 2020 |
|
|
Joinder binds later parties to existing injunctions; court cannot later impose additional security for damages.
-
Interlocutory injunction — Joinder under Order 14 — Binding effect of later-joined parties — Undertaking as to damages — Fortification — No power to impose additional security after grant — Stare decisis.
|
30 June 2020 |
|
The court dismissed the plaintiff's claim for failure to plead material facts, finding no forum shopping.
-
Civil procedure — Abuse of process — Multiplicity of actions and forum shopping — Subordinate Court monetary jurisdiction limit — Pleading requirements under Order LIII, r.6(1) — Failure to state material facts — Dismissal with costs; leave to commence fresh proceedings.
|
15 June 2020 |
|
Claim dismissed for failing to plead material facts; forum shopping rejected due to Subordinate Court’s jurisdictional limit.
-
Civil procedure — multiplicity of actions and abuse of process; forum shopping; requirement to plead material facts (Order LIII r.6(1) High Court Rules); dismissal for deficient statement of claim; Subordinate Court monetary jurisdiction.
|
15 June 2020 |
|
Consent order not set aside: no duress or undue influence; employer-employee status alone does not vitiate consent.
-
Civil procedure — Consent judgments — Setting aside consent orders — Allegations of duress and undue influence — Employer-employee relationship does not create presumption of undue influence — Fresh action required to challenge consent judgment.
|
5 June 2020 |
|
Plaintiffs entitled to be offered institutional houses after a binding ministerial directive; damages for mental anguish not proven.
-
Parastatal housing sales — 1996 Government homeownership policy — Institutional (pool) houses — Eligibility under Civil Service Home Ownership Scheme Handbook — Ministerial direction mandatory under statute — Board’s refusal inconsistent with guidelines — Damages for mental anguish require proof.
|
2 June 2020 |
|
|
1 June 2020 |
|
Whether the children's best interests require remaining with the respondent in South Africa or transfer to the petitioner in Zambia.
|
1 June 2020 |
| May 2020 |
|
|
Court dismissed interim injunction in procurement dispute, finding arbitration regime and adequacy of damages weigh against equitable relief.
-
Public Procurement — arbitration clause — court’s power to grant interim relief before arbitral tribunal appointed; interlocutory injunction — American Cyanamid principles — serious question to be tried; adequacy of damages; balance of convenience; possible unclean hands.
|
29 May 2020 |
|
Certificate of title is conclusive absent distinctly proved fraud; defendants failed to prove fraud and were found to have trespassed.
-
Land law — Certificate of title conclusive; impeachment only on clear, distinctly pleaded and proved fraud — Lands and Deeds Registry Act ss.33–35; Res judicata — requirements and scope; Trespass to land — unjustifiable interference with possession; Particularity of pleading fraud; Assessment of damages by Deputy Registrar.
|
18 May 2020 |
|
Seller entitled to price where unascertained goods were ascertained and property passed on delivery; counterclaim dismissed for want of prosecution.
-
Sale of Goods Act 1893 — unascertained goods — ascertainment by invoicing and appropriation — property passes on delivery — seller's right to sue for price under s49; counterclaim dismissed for want of prosecution.
|
14 May 2020 |
| April 2020 |
|
|
Procedural failure to consult and inspect before converting customary land rendered the allocation and its consequences unlawful; petitioners entitled to restoration or compensation.
-
Land law — Conversion of customary tenure to statutory tenure — Mandatory statutory conversion procedure and inspection/consultation requirements — Validity of subsequent certificate of title where procedures not followed; Constitutional and human rights — Forced eviction from customary land — Right to property, dignity, life, movement and non‑discrimination; Administrative law — Procedural irregularity and consequences for land allocation; Remedies — restoration, alternative land, compensation and environmental remediation.
|
30 April 2020 |
|
Plaintiff breached a time‑of‑essence construction contract; defendant validly terminated; plaintiff entitled only to assessed payment for work done.
-
Construction contracts — time of the essence — periodic handovers — termination for fundamental breach; implied duty to cooperate between employer and contractor; reasonable notice and termination where no express clause; assessment of payment for work done; counterclaim dismissed for want of prosecution.
|
30 April 2020 |
|
Court refused to strike out action for want of prosecution where missing court record caused delay and prejudice was unproven.
-
Civil procedure — dismissal for want of prosecution — inordinate and inexcusable delay — missing court record and reconstruction — prejudice standard — admission of liability, only quantum remaining.
|
30 April 2020 |
|
Court dismissed judicial review of police prosecutions, finding no proven abuse, malice or lack of reasonable suspicion.
-
Judicial review — prosecutorial discretion — police investigation and arrest — abuse of process — reasonable suspicion — limits to court intervention in prosecutions.
|
30 April 2020 |
|
Whether the respondent breached the sale contract by late payment to the bank causing recoverable exchange loss.
-
Contract — completion date — late payment to redeem third-party mortgage — breach; Letters of undertaking — receipt and effect; Recoverability of exchange loss under a dollar-denominated sale; Interpretation of express contractual terms and implication of terms; Equitable relief under High Court Act s.13.
|
17 April 2020 |
|
A defendant with a contractual interest in the subject matter is a proper party and cannot be struck out.
-
Civil procedure — Order XIV r.5(2) — Strike out for improper joinder — Proper party test — Legal or equitable interest in relief required — Storage contract and demurrage — Disputes on contractual links are for trial.
|
17 April 2020 |
|
Court held airport searches by drug enforcement officers lawful under s.25; detention for search not false imprisonment; claims and restraining order dismissed.
-
Narcotic Drugs and Psychotropic Substances Act s.25 — search and seizure powers; reasonable suspicion and random airport searches; lawfulness of body/x-ray scans; freedom of movement and false imprisonment; damages for harassment/assault; injunctive relief restraining investigations.
|
14 April 2020 |
|
Appeal succeeds: policy governed by yearly premium payable in instalments; fraud finding overturned for lack of pleading and proof.
-
Insurance law — interpretation of policy terms: yearly premium payable in installments; contract embodied in exhibited policy; fraud must be specifically pleaded and proved; remedies limited to sum assured.
|
14 April 2020 |
| March 2020 |
|
|
Reports of an LGSC suspension were not defamatory; publications were protected as fair comment on a matter of public interest.
-
Defamation/libel — reporting of administrative suspensions — truth and public interest — fair comment defence — requirement to prove falsity and malice — identification by office versus personal allegation; failure to prove reputational harm.
|
25 March 2020 |
|
Tenant's failure to give the prescribed written request and rent arrears justified refusal of a new tenancy and validated termination notices.
-
Landlord and Tenant (Business Premises) Act — application for new tenancy — tenant's failure to give prescribed written request — persistent delay in paying rent and substantial breaches as grounds under s.11 to oppose new tenancy — statutory notice requirements and substantial compliance — termination notices valid despite non-identical form.
|
23 March 2020 |
|
Court removed executrices for failure to administer estate, ordered property sales and vested pension in the residuary estate.
-
Wills and Testate Estates — Removal/substitution of executrix under s.51(2) — Fiduciary duty and supervision of executors — Sale of estate immovable property — Construction of testamentary trust clause for pension benefits.
|
23 March 2020 |
|
An army officer’s dismissal for unauthorised outside employment upheld where dismissible misconduct was proven and no approval obtained.
-
Military/employment law — Unauthorised outside employment by serving officer — Defence (Regular Forces) (Officers) Regulations (Reg. 91) — Procedure and natural justice in disciplinary dismissals — Where dismissible offence established, procedural non‑compliance may not render dismissal unfair; Regulation 10A (cancellation of commission).
|
23 March 2020 |
|
Defendant failed to prove alleged construction defects, remedial costs and lost rentals; counterclaim dismissed, costs to plaintiff.
-
Contract — construction contract (oral) — alleged defective and incomplete works — patent and latent defects — evidential burden (photographs, receipts, expert/records) — Order 23 referee report — measure of damages and foreseeability of consequential loss (lost rentals).
|
23 March 2020 |
|
Subordinate Court lacked jurisdiction to order matrimonial property settlement absent a Local Court divorce order; judgment set aside.
-
Family law — Property settlement ancillary to divorce — customary marriage requires Local Court divorce order before Subordinate Court adjudication; Civil procedure — judgment in absence — setting aside for want of service or opportunity to be heard; Land law — certificate of title not displaced by Subordinate Court absent proper jurisdictional basis.
|
17 March 2020 |
| February 2020 |
|
|
Court affirmed Surveyor General's demarcation as consistent with prior judgment, ordered title deeds per plan and apportionment of survey fees.
-
Land law — boundary demarcation — omission in judgment regarding retained portion — review — multiplicity of actions — reliance on Surveyor General's site plan to give effect to earlier judgment; costs apportioned for surveyor fees.
|
28 February 2020 |
|
Abrupt lane change to avoid a third vehicle breached duty of care and caused plaintiff’s actionable damage.
-
Road Traffic Act; negligence — duty of care — breach by abrupt lane change; causation despite third-party fleeing; proof of special damages; assessment of repairs and interest; counterclaim dismissed.
|
21 February 2020 |
|
The applicant failed to prove fraud; the registered Certificate of Title was upheld and the claim dismissed with costs.
-
Land law — Certificate of Title conclusive under Lands and Deeds Registry Act — title challenge only for fraud/impropriety — allegations of fraud require specific pleading and higher standard of proof — ACC investigative letter insufficient without evidence — bona fide purchaser protected.
|
3 February 2020 |
| January 2020 |
|
|
Plaintiffs failed to prove goodwill or likely confusion; Registrar properly cleared defendant's Airtel company names and claim dismissed.
-
Company names — Registrar’s discretion under Companies Act s37 — mode of commencement: writ versus judicial review — Passing off — requirement of operational goodwill and evidence of likely confusion — unregistered name/trademark cannot confer monopoly rights.
|
31 January 2020 |
|
Court granted protective injunctions against assault, removal and disposal of matrimonial property but refused respondent's exclusion from the home.
-
Matrimonial injunctions — s101(1) Matrimonial Causes Act and Order 27 Rule 7 — protective restraining orders — occupational order/ exclusion from matrimonial home — standard of evidence — restraint on disposal of matrimonial property.
|
15 January 2020 |
| November 2019 |
|
|
Holding over and payment created a quarterly periodic tenancy requiring three months’ notice; distraint was lawful and plaintiff’s special-damage claim failed.
-
Landlord and tenant — expiry of fixed-term lease and holding over — creation of periodic (quarterly) tenancy by payment and acceptance of rent — notice to quit equals period length; distraint for rent — lawfulness of Warrant of Distress; proof of special damages required with reasonable particularity.
|
29 November 2019 |
| August 2019 |
|
|
Application for extension of time to appeal dismissed for inordinate delay, insufficient reasons and no grounds or prospects of success.
-
Civil procedure — Extension of time to appeal — Discretion guided by length and reasons for delay and, where appropriate, merits — Applicant must provide grounds/prospects of success — Procedural irregularities curable under rules permitting extension of time.
|
9 August 2019 |
|
Application for default judgment dismissed; matter to proceed to hearing on merits, no order as to costs.
-
Civil procedure — default judgment — whether defendants’ non-appearance justified termination of proceedings; earlier originating summons default order set aside — matter re-commenced by writ — Order for Directions complied with — application dismissed.
|
7 August 2019 |
| March 2019 |
|
|
Plaintiff awarded inflation-adjusted loss of delayed pension difference against the Attorney General; Fund Board not liable; interest and costs awarded.
-
Pension law — wrongful retirement and underpayment — inflation/indexation of pension benefits — State liability — interest on monetary judgments — interpretation of Public Service Pensions Act.
|
13 March 2019 |
| June 2018 |
|
|
Claim for commission dismissed where claimant acted as unregistered estate agent and gave inconsistent evidence.
-
Estate Agents Act s.36 — unregistered person holding out as estate agent — prohibition on practising without registration; evidentiary weight of inconsistent testimony in commission claims; entitlement to commission barred by illegality under statute.
|
26 June 2018 |
| December 2017 |
|
|
Search and continued occupation of premises without produced warrant or court order was unlawful; prohibition and vacation ordered.
-
Constitutional and criminal procedure law — search and seizure — requirement for search warrant and police procedural records (Section 15 Police Act; Section 118 Criminal Procedure Code) — unlawful occupation of private property without court order — judicial review: illegality, procedural impropriety, irrationality, legitimate expectation — remedies: prohibition granted, certiorari and mandamus refused/unsuccessful.
|
29 December 2017 |
|
Applicant’s missing spouse presumed dead after 11 years’ absence; applicant may seek letters of administration.
-
Presumption of death — seven‑year absence rule — High Court inherent jurisdiction — adequacy of inquiries (police report, family enquiries, newspaper advertisement) — Non‑Contentious Probate Rules (Rule 53) distinction.
|
19 December 2017 |
|
Applicant's title valid but possession denied due to bona fide purchaser; State ordered to provide alternative land.
-
Land law — title description — certified survey diagram prevails over inconsistent certificate wording; erroneous issuance of subsequent title; bona fide purchaser for value without notice protected; remedy by State allocation of alternative land and rectification of register; failure to prove damages for improvements.
|
6 December 2017 |
| November 2017 |
|
|
Habeas corpus unavailable once detainee is charged and produced in court; application dismissed as overtaken by events.
-
Habeas corpus — purpose to produce detainee and test legality of detention; not available after production/release; civil court must not re‑hear criminal merits; limits of remedy under Order 54.
|
29 November 2017 |
|
Plaintiff's writ and statement set aside for missing mandatory endorsements and for pleading evidence instead of material facts.
-
Civil procedure — Irregularity — Originating process — Failure to endorse mandatory details (occupation, postal and electronic address) — Pleadings — Rule that pleadings must state material facts not evidence — Setting aside writ and statement of claim — Self‑represented litigant not excused from Rules of Court — Leave to amend and proper procedure.
|
29 November 2017 |