Results.
537 judgments found.
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| September 2024 |
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A stay pending payment of costs requires a prior court order awarding costs; absent it, the applicant's stay is declined.
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6 September 2024 |
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Stay dismissed; court held senior counsel may claim reasonable costs despite SI No.6 lacuna and granted leave to appeal.
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Costs — Legal Practitioners (Costs) Order SI No.6 of 2017 — Part III omission for practitioners ≥15 years — senior counsel entitled to reasonable, proportionate costs on a scale as near as possible to Part III — stay of execution requires an enforceable remedy — leave to appeal granted.
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1 September 2024 |
| August 2024 |
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Interim injunction granted restraining the respondent from evicting the applicant and interfering with crops where damages are inadequate.
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Interim injunction — interlocutory relief — American Cyanamid test — serious question to be tried — adequacy of damages for loss of land/house — balance of convenience — farm tenancy and statutory notice requirements under Landlord and Tenant (Business Premises) Act.
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29 August 2024 |
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Court dismissed consolidation application due to different solicitors, differing claims and prejudice from ongoing criminal proceedings.
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Civil procedure — Consolidation of actions under Order III Rule 5 and Order 4 Rule 9 — Discretionary remedy; common questions of law/fact; prejudice and embarrassment at trial; different solicitors; ongoing related criminal proceedings.
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20 August 2024 |
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Divorce granted on two years' separation plus consent; ordered joint custody, child maintenance and transfer of vehicle.
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Matrimonial Causes Act — irretrievable breakdown — two years' separation with consent; Special Procedure — determination on affidavit evidence under Order 30 Rule 6A; custody and child maintenance; property settlement by vehicle transfer; Decree Nisi to become absolute.
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8 August 2024 |
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Unsigned contract enforceability and expatriate gratuity entitlement are factual issues unsuitable for summary determination.
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Contract law — unsigned/draft agreements — incorporation by intention and performance; Employment law — statutory gratuity and expatriate exemption; Preliminary issues — Order 14A and Order 33 — suitability for summary determination.
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5 August 2024 |
| July 2024 |
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A government‑owned statutory entity cannot maintain a defamation action because it would unduly restrict public criticism.
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Defamation law — Government‑owned/controlled entities — Right to sue — Public policy and freedom of expression — Order 14A summary determination — Locus standi where imputations alleged against officers rather than corporate entity.
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26 July 2024 |
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Plaintiff's failure to file the mandatory letter of demand with the writ was fatal; proceedings dismissed, leave to appeal granted.
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Civil procedure — Order VI Rule 1(1)(d) HCR — mandatory requirement to file letter of demand with writ — failure fatal to proceedings; dismissal; leave to appeal.
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25 July 2024 |
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Court expunged employment claims barred by section 52(6) but retained non‑time‑barred contractual claims and allowed amendment.
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Civil procedure — Order 14A preliminary determination; Employment law — jurisdiction of Industrial Relations Court vs High Court; Employment Code Act s.52(6) — 30‑day limitation for termination complaints; Expungement of time‑barred employment claims; Leave to amend pleadings.
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24 July 2024 |
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Claims governed by Section 52(1)–(5) filed beyond the 30‑day limit were expunged; other non‑Section 52 claims may proceed.
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Employment law — Jurisdiction: Industrial Relations Court vs High Court General List; Section 52(6) Employment Code Act — 30‑day limitation for termination complaints; Validity of discontinuance — multiplicity of actions; Expungement of time‑barred claims; Leave to amend originating process.
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24 July 2024 |
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Court granted decree nisi for irretrievable breakdown on two years' separation and consent, referring custody and property to mediation.
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Matrimonial Causes Act (ss.8, 9(1)(d), 41) — Irretrievable breakdown — Two years' separation plus consent — Decree Nisi — Special Procedure/Order 30 Rule 6A (determination on documents) — Referral of custody and property to mediation (Order 30 Rule 4) — Costs each party.
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24 July 2024 |
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Interim injunction refused where the contracts contain an arbitration clause requiring disputes to be arbitrated.
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Civil procedure — Interim injunctions — American Cyanamid principles — Contracts of sale governed by Law Association of Zambia General Conditions of Sale — Arbitration clause (Condition 27) bars court jurisdiction; matter dismissed.
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10 July 2024 |
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An uncertified electronic bank statement is inadmissible; a timely trial objection may lead to expungement.
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Evidence — Electronic evidence and data messages — Admissibility and certification under the Electronic Communications and Transactions Act s9(4); Bankers' books — proof and certification under Evidence (Bankers' Books) Act; Civil procedure — discovery/inspection and timeliness of objections to documentary evidence (Order 5 r21; Order 19).
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4 July 2024 |
| June 2024 |
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Court entered judgment on admission for US$7,340 despite defendant's counterclaim, awarding LIBOR interest and costs.
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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.
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28 June 2024 |
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Prosecution failed to prove aggravated robbery: unreliable single-witness ID, broken exhibit chain, and no proof of weapon or injury.
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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.
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27 June 2024 |
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A judge of the High Court will not set aside an interlocutory order made by a judge of equal jurisdiction; appeal required.
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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.
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25 June 2024 |
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Default judgment refused because special damages require liability and strict proof before judgment in defendant's absence.
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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.
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25 June 2024 |
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Decree Nisi granted after two years' separation with consent; joint custody and equal child maintenance ordered.
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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.
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24 June 2024 |
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Interim injunction refused where applicant failed to show a serious question to be tried and made material non-disclosure.
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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.
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24 June 2024 |
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High Court cannot decide re-entry merits but may equitably transfer such disputes to the Lands Tribunal.
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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.
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21 June 2024 |
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Appeal dismissed; trial court’s site-visit factual findings upheld and allegations of fraudulent witness unproven.
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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.
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21 June 2024 |
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Plaintiffs raised serious issues but failed to prove irreparable harm; interim injunction dismissed with costs.
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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.
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18 June 2024 |
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Decree nisi granted for two‑year separation; custody to the petitioner; property and maintenance matters referred to Deputy Registrar.
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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.
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14 June 2024 |
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The court held there is no statutory deadline for applications for leave to file out of time under section 85(3).
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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.
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13 June 2024 |
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Bill taxed; double-counsel costs disallowed without judge’s certification; total taxed amount ZMW53,873.95.
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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.
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13 June 2024 |
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Plaintiffs held to be licensees; statutory authority to redevelop market precludes interim injunction for traders.
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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.
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12 June 2024 |
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Child eyewitness testimony corroborated by dying declarations and forensic post‑mortem supported a murder conviction.
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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.
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12 June 2024 |
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Application to consolidate dismissed; K24,000 counterclaim statute‑barred, K16,000 overpayment claim allowed to proceed.
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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.
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11 June 2024 |
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Court ordered rectification of the land register and compelled surrender of the title after judgment debt was paid.
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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.
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10 June 2024 |
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High Court lacks jurisdiction to review DPP refusal to authorize private prosecution where resolution requires interpreting non–Bill of Rights constitutional provisions.
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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.
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10 June 2024 |
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Decree Nisi granted where parties lived apart over two years with consent; property settlement referred to mediation.
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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.
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7 June 2024 |
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Applicant proved on the balance of probabilities that the Respondent failed to show an enforceable interest, so the caveat was removed.
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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).
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6 June 2024 |
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Ex-parte interim injunction discharged where plaintiff failed to prove valid customary land title and did not specify the land extent.
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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.
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6 June 2024 |
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Whether an unqualified donee may conduct litigation under a power of attorney; court stayed proceedings pending appellate guidance.
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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.
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6 June 2024 |
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Minister lawfully refused mineral exploration in a Ramsar-area due to ecological sensitivity and inadequate mitigation.
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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.
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5 June 2024 |
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Debtor’s long-term installment proposal rejected; court allows six monthly payments, default makes whole debt immediately due.
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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).
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5 June 2024 |
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Interlocutory injunction granted to preserve status quo and compel payment of rents into court pending trial.
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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.
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5 June 2024 |
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Interim injunction discharged where land claim was statute-barred and balance of convenience favoured the occupier.
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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.
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4 June 2024 |
| May 2024 |
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An assessed interest that merges with the principal constitutes assessment of damages, so appeal on assessment lies to the Court of Appeal.
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Civil procedure — appeals from Registrar’s assessment — Order 30 Rule 10(4) — assessment of interest merging with principal forms judgment debt — appeal lies to Court of Appeal; interlocutory consent orders may be discharged where inconsistent with statutory appeal route.
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31 May 2024 |
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Court reviewed and set aside dismissal for want of prosecution due to plaintiff’s partial compliance with pre-trial directions.
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Civil procedure — Review of judgment — Order 39 Rule 1 High Court Rules — Power of judge to review own decision; Dismissal for want of prosecution — Partial compliance with pre-trial directions as sufficient ground to set aside dismissal; Direction to vary timetable for filing witness statements.
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30 May 2024 |
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Post-judgment joinder unavailable absent appeal or review; stay of execution requires good and convincing reasons.
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Civil procedure — Joinder of parties post-judgment; Order 14 Rule 5(1) — joinder at or before hearing; court functus officio after judgment; stay of execution requires good and convincing reasons and realistic prospects of success.
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30 May 2024 |
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29 May 2024 |
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Appeal succeeds: strike-out requires 'plain and obvious' no-cause test; issues of liability must await trial.
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Civil procedure — striking out pleadings — reasonable cause of action — 'plain and obvious' test; appeal from Registrar; admissibility of evidence on strike applications; restitution and conspiracy to defraud; trespass to goods.
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29 May 2024 |
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Application for special leave to review out of time refused where plaintiff repeatedly failed to prosecute matter and showed no fresh evidence.
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Civil procedure — non‑prosecution and dismissal under Order 19 Rule 7; review out of time under Order 39 Rule 2 — requirement of fresh evidence; duty to prosecute; counsel obligations.
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25 May 2024 |
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Whether a verbal agency agreement existed and whether the defendant is liable for alleged commission and professional charges.
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Contract formation — verbal agreement — offer and acceptance — intention to create legal relations — consideration — privity of contract — damages for lost commission — professional charges — evidentiary burden.
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24 May 2024 |
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Whether competing surveys and archival records establish that Farm 9565 encroaches on Farm 80a and remedies for trespass.
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Land boundaries and cadastral evidence — determination of encroachment without original beacons — adequacy of archival/topographic records; Surveyor's duty of care and professional negligence — breach established but damages not proven; Trespass to land — erroneous title and nominal damages; Locus standi — representative plaintiff after probate.
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24 May 2024 |
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Purchase order formed a binding agreement; failure to prove financing condition resulted in breach and damages, not specific performance.
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Contract law — Purchase order as agreement to sell; condition precedent — alleged bank financing; cancellation and repudiation; breach for non-payment; refusal of specific performance; damages assessed by market value difference and registration costs
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22 May 2024 |
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Whether consolidation of multiple land claims is appropriate where they involve different properties, parties and procedural stages.
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Civil procedure — Consolidation of actions — Order III rule 5 / court’s power to consolidate — Requirement of common question of law or fact or same transaction — Consolidation inappropriate where claims concern different properties, parties and procedural stages — Authorities: Payne v British Time Recorder Co; Mukumbuta v Nkwilimba.
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21 May 2024 |
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Court orders personal service on a joined foreign defendant under Order X rule 15 and grants leave to serve at a Cairo address.
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Civil procedure — Service out of jurisdiction — Order X rules 14, 15 and 16 — Personal service on foreign defendant who acted through local agent — Natural justice and joinder — Leave to effect service at foreign address.
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21 May 2024 |
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Res judicata fails where prior judgment did not determine when the disputed property was acquired; plaintiff may amend pleadings.
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Civil procedure — res judicata (cause of action and opportunity to recover) — prior judgment did not determine acquisition date of property; caveat issue struck off — amendment of pleadings permitted — Order 3 r.2 High Court Rules; Order 18 r.19 White Book
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20 May 2024 |