Results.
537 judgments found.
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| May 2024 |
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Whether the applicant may set aside a transfer and cancel title where the respondent failed due diligence and fraud alleged.
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Land law — nature of transaction: sale versus loan; bona fide purchaser for value without notice — duty to make enquiries; certificate of title — cancellation for failure of purchaser's due diligence; allegations of fraud — burden and standard of proof; Financial Intelligence Centre Act — reporting obligations do not automatically void transactions.
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15 May 2024 |
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Appeal dismissed for lack of jurisdiction because statutory 30-day appeal period was not observed; substantive issues left undecided.
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Rating law — appeals and jurisdiction — statutory 30-day appeal period (s35(1)) — Tribunal's lack of power to extend time — remission of rates — transitional provision (s42) — requirement for Tribunal to give reasons (s34(1)(c)) — validity of objections (s17).
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15 May 2024 |
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Court granted decree nisi for divorce based on five years' separation, using affidavit procedure; joint custody, each keeps own chattels.
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Matrimonial Causes Act — irretrievable breakdown — five years' separation — Decree Nisi — Special Procedure (divorce on affidavit) — Order 30 Rule 6A — custody — chattels — costs.
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14 May 2024 |
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Divorce granted where parties lived apart for five years; decree nisi to become absolute after six weeks; each party bears own costs.
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Family law — Matrimonial Causes Act — Divorce on ground of five years’ continuous separation — Consent to divorce by respondent — Decree nisi to become absolute after six weeks — Costs each party.
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13 May 2024 |
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Defendant's strike-out for failure to disclose cause of action, res judicata and abuse of process dismissed; matter to proceed.
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Civil procedure — striking out pleadings for failure to disclose cause of action; res judicata; abuse of process; interlocutory injunctions and effect of earlier interlocutory rulings.
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13 May 2024 |
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Interlocutory refusals do not bar a substantive claim; strike‑out application dismissed for lack of merit.
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Civil procedure — strike out for failure to disclose cause of action; abuse of process; res judicata — interlocutory rulings do not substitute for final judgment; Order 18 Rule 19 (White Book)
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13 May 2024 |
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Whether the deponent had power of attorney to represent the respondents and whether omission to exhibit it vitiates the affidavit.
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Power of attorney — Authority of deponent to swear affidavits — Whether omission to state/exhibit POA is fatal — Affidavit admissibility — Preliminary objection to jurisdictional/representational authority.
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13 May 2024 |
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A claim challenging allocation under a prior consent judgment is barred by res judicata and dismissed as abuse of process.
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Res judicata — consent judgment distributing estate — enforcement of consent judgments versus fresh proceedings — abuse of court process — dismissal and costs.
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13 May 2024 |
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Court granted prohibitory and mandatory interlocutory injunctions to protect lessee’s possession and compel removal of trespassing property.
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Interlocutory injunction — trespass to land — possession and clear right — prohibitory and mandatory injunctions — adequacy of damages — preservation of status quo — conflicting lower court orders.
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9 May 2024 |
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Interim injunction refused where Supreme Court adjudication rendered the core succession issue res judicata.
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Interim injunctions — requirements for grant (American Cyanamid test) — res judicata — effect of prior Supreme Court judgment on subsequent interlocutory relief — chieftaincy succession (matrilineal v patrilineal) — locus/interest of applicant.
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6 May 2024 |
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Driver negligence caused a collision; the vehicle owner/employer held vicariously liable; loss of use and special damages awarded, non-pecuniary claims dismissed.
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Road traffic accident — negligence — duty of care, breach and causation — defective brakes and misjudged clearance distance — vehicle damaged beyond economic repair — vicarious liability of owner/employer — loss of use and special damages awarded; non-pecuniary damages not proven — insurance payout deductible — interest and costs awarded.
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3 May 2024 |
| April 2024 |
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Children's best interests override customary claims; custody and family property adjusted between the appellant and respondent.
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Family law — Custody: best interests of the child paramount; customary rules denying maternal custody repugnant to Constitution. Property adjustment — family assets include assets acquired during marriage despite sole title; presumption of exclusive ownership rebuttable by contribution and intention; non‑financial contributions recognized. Lobola transfers and animals: effect on distributable assets; appellate admission of fresh evidence permits de novo factual findings
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30 April 2024 |
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An oral seasonal financing agreement was enforceable; the respondent owes US$26,568.06; counterclaim dismissed for unproven loss.
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Contract law — oral seasonal agricultural financing and supply of inputs — existence proven by conduct and documents; debt fixed as US$26,568.06; counterclaim for breach and damages dismissed for unproven loss and respondent’s breach; interest at Bank of Zambia lending rate and costs awarded.
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25 April 2024 |
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An injunction cannot survive dismissal of the underlying proceedings; the applicant’s review of its discharge was dismissed.
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Civil procedure — review of interlocutory order — interim injunction — effect of dismissal for want of prosecution — Order 39 r.2 (time limits and court discretion) — Order 14A preliminary issue procedure.
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25 April 2024 |
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Appeal dismissed: subordinate court properly heard matter de novo; appellant failed to prove land ownership.
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Civil appeal — Local Court to Subordinate Court heard de novo; trial judge not bound by Local Court findings; submissions not mandatory; contract of sale not conclusive proof of title; burden of proof on claimant.
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25 April 2024 |
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A purchaser who pays and shows documents may be declared beneficial owner pending title, but trespass damages require proof of loss.
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Land law — purchase without certificate of title — declaration of beneficial/legal ownership; Lands and Deeds Registry Act s.33 — title conclusive; Trespass — damages require proof of actual injury; Default judgment — plaintiff must prove case on balance of probabilities.
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25 April 2024 |
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Court ordered removal of a caveat after the respondent failed to show cause following substituted service.
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Lands and Deeds Registry Act — caveat removal — burden on caveator to show cause under section 81 — substituted service by advertisement — failure to appear entitles removal.
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23 April 2024 |
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High Court lacks jurisdiction to hear judicial review of matters reserved to the Industrial Relations Division under the Industrial and Labour Relations Act.
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Industrial relations — Jurisdiction — Industrial and Labour Relations Act s85 — exclusive jurisdiction of Industrial Relations Division — Order 53 RSC default rule — judicial review improper where statute prescribes forum — abuse of process.
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23 April 2024 |
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An application for leave to sue a company in liquidation must be commenced by originating summons, not by ex‑parte summons.
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Corporate insolvency — Section 66 — leave to proceed against company in liquidation; Procedure — where statute silent, follow Order 5 Rule 3 (White Book) — originating summons required; Ex‑parte summons — improper to found originating action; High Court practice — procedural compliance.
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22 April 2024 |
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The High Court dismissed the action for lack of jurisdiction over occupancy-licence land disputes under the Urban and Regional Planning Act.
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Jurisdiction — Urban and Regional Planning Act — disputes concerning occupancy licences fall within Subordinate Court jurisdiction; preliminary objections — jurisdictional illegality overrides merits; dismissal for want of jurisdiction; leave to appeal.
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22 April 2024 |
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Respondent’s Order 14A motion dismissed; tribunal must provide documents and appellant must prepare and file the record of appeal.
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Appeals — Requirement to file record of appeal — Rule 5 High Court (Appeals) (General) Rules 1984 — Tribunal’s duty to avail documents in its exclusive possession — Order 14A RSC — pre-conditions for determination of points of law — application by/against the State.
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22 April 2024 |
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Delay and adequacy of damages defeat interim injunction to restrain blocking of a service lane.
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Interim injunctions — American Cyanamid test — serious question to be tried; adequacy of damages; irreparable injury; balance of convenience; delay in seeking equitable relief; contested re-planning/allocation of service lane by planning authority.
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22 April 2024 |
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Court cured a pleading irregularity by permitting an amended defence to stand rather than striking it out.
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Civil procedure — striking out pleadings — irregular or abusive pleadings — curable irregularity — amendment of defence — Order 18 Rule 19 (RSC) — Court's power under Order 3 Rule 2 to cure defects — affidavit formalities (Order 5 Rule 20; Commissioners for Oaths Act).
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22 April 2024 |
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Leave to issue a writ of possession granted where a consent judgment awarded possession and the defendant had notice but defaulted.
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Civil procedure — enforcement of possession — Order 45 r.3 (White Book) — leave required to issue writ of possession — consent judgment confers entitlement — requirement of sufficient notice to persons in possession.
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22 April 2024 |
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Oral sale upheld; defendant liable for unpaid purchase balance and refund of third‑party payments.
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Contract law — sale of goods (oral contract) — burden of proof on alleged payments — admissibility and weight of forensic handwriting evidence — recovery of monies paid to third party — interest and costs.
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19 April 2024 |
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Court refused consolidation of three land-related actions but ordered two matters to be tried together and granted leave to appeal.
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Civil procedure — consolidation of actions — Order III r5 High Court Rules; Order 4 r9 RSC — common questions of law or fact; consolidation vs trial together; separate representation and modes of commencement; costs; leave to appeal.
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19 April 2024 |
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Judicial review was inappropriate where the Act prescribed an appeal route, even if the appeals tribunal was non-operational.
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Administrative law — Judicial review vs statutory appeal — Mines and Minerals Development Act — Appeal to Mining Appeals Tribunal — Non-operational tribunal does not permit bypassing statutory appeal — Mode of commencement — Jurisdiction.
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17 April 2024 |
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Application to set aside default judgment dismissed for misleading denial of notice, lack of satisfactory explanation and no real prospect of success.
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Civil procedure — setting aside default judgment (Order 35 r.5) and stay of execution (Order 36 r.10) — requirement of satisfactory explanation for default, absence of misleading denial of service, and defence with real prospects of success — undue delay and prejudice to successful litigant.
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16 April 2024 |
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Decree nisi granted for divorce after two years' continuous separation with respondent's consent; petitioner awarded custody.
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Family law — Matrimonial Causes Act — Divorce on ground of two years' continuous separation — Respondent's consent — Decree nisi — Custody of children — Special procedure list.
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15 April 2024 |
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Court imposed 36 months’ imprisonment on a child offender for aggravated robbery, sparing the minimum mandatory sentence due to juvenile status.
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Children's Code Act — sentencing of child offenders — custodial sentence as last resort — balancing child's best interests and public interest — aggravated robbery — discretion to spare minimum mandatory sentence where offender was a child.
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15 April 2024 |
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Proceedings commenced during Christmas vacation without court leave are jurisdictionally defective and dismissed with costs.
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Civil procedure — Vacation filing — Order 2 Rule 4 High Court Rules — Mandatory leave required to file summons during Christmas vacation — Failure to obtain leave renders proceedings jurisdictionally defective and liable to dismissal.
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8 April 2024 |
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Court held the registered transfer void for fraud: the document was a disguised loan, enabling cancellation of title and return of possession.
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Property law — sale v. loan — characterization of written agreement; Misrepresentation/fraud — challenge to registered title; Lands and Deeds Registry Act ss.33–34 — fraud exception to conclusive certificate of title; Bona fide purchaser and transfer validity; Money Lenders Act — inapplicability where no lender’s certificate produced.
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4 April 2024 |
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Leave granted to issue writ of possession; demolition relief refused where not previously sought or ordered.
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Civil procedure — Enforcement of possession orders — Order 45 r.3 RSC — Leave required to issue writ of possession — Notice to persons in actual possession — Demolition not a remedy under Order 45 where not previously prayed or ordered.
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4 April 2024 |
| March 2024 |
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A co‑executor showing a grant of probate has prima facie interest for joinder; substantive estate questions reserved for trial.
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Joinder of parties — Order 59 RSC — Prima facie interest by co‑executor shown by grant of probate — Interlocutory relief; estate of former president — Benefits of Former Presidents Act vs testamentary residue — Substantive issues reserved for trial — Leave to appeal granted
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28 March 2024 |
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Uncontested divorce granted on five years' separation; petitioner given custody, access to respondent; maintenance and property referred.
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Family law — Matrimonial Causes Act (s.8, s.9(1)(e)) — five years' separation — decree nisi granted — custody and access awarded — maintenance and property referred to Deputy Registrar — each party bears own costs.
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26 March 2024 |
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A contractual dispute over a settlement agreement is private law and not amenable to judicial review, so leave to apply was dismissed.
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Administrative law — judicial review limited to public law decisions — contractual disputes and tender/reengagement issues are private law matters not amenable to judicial review — jurisdictional consequence of wrong mode of commencement.
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26 March 2024 |
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Decree nisi granted where parties had continuously lived apart five years and respondent consented; each party to bear own costs.
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Matrimonial Causes Act — Divorce — living apart for five years — irretrievable breakdown — consent of respondent — decree nisi — special procedure — costs each party.
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25 March 2024 |
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Procedural delays do not void a disciplinary dismissal for proven absenteeism; outstanding emoluments to be quantified.
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Employment law — disciplinary procedure — delay in hearing/communication does not automatically nullify tribunal decision — absenteeism — fairness of dismissal — assessment of outstanding emoluments.
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20 March 2024 |
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Proceedings against a company in liquidation are stayed until the complainant obtains leave from the High Court; IRD lacks power to grant such leave.
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Corporate insolvency — s66 Corporate Insolvency Act — stay of proceedings against company in liquidation without leave — jurisdiction — Industrial Relations Division v
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High Court General List — representation — s91 and Rule 57 — requirement that representative be legal practitioner or registered representative body
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19 March 2024 |
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Court entered judgment for rent and possession on admission but refused distress against vehicle for lack of ownership proof.
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Rent law — verbal lease enforceability — judgment on admission — recovery of rent and possession — distress/levy against movable property — requirement to prove ownership.
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19 March 2024 |
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Applicant established unpaid salary, subsistence and leave claims against the respondent company; broad lump-sum and inconvenience claims dismissed.
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Employment law — proof of employment and unpaid wages — statutory default terms where no written contract — subsistence allowance for work away from hometown — admissibility and weight of uncontested documentary salary arrears.
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14 March 2024 |
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Plaintiff failed to prove that 'Mushingashi' was its trading name, so lacked standing to sue for alleged defamation.
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Defamation — identification of claimant by trading name — necessity of proving link between alleged name ('Mushingashi') and corporate claimant; publication via WhatsApp; burden of proof and locus standi; failure to adduce corroborative documentary evidence; dismissal; leave to appeal granted.
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14 March 2024 |
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Applicant’s originating summons granted; Registrar ordered to execute Deed of Assignment after substituted service and respondents’ non-appearance.
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Civil procedure — originating summons — substituted service — default/non-appearance — order directing Registrar to execute Deed of Assignment — costs awarded to applicant.
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11 March 2024 |
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The applicant's dismissal application under Order XIX Rule 8 granted after no prosecutorial steps for over sixty days.
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Civil procedure — dismissal for want of prosecution — Order XIX Rule 8 — discretionary power to dismiss after sixty days with no progress — judicial jurisdiction.
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11 March 2024 |
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A writ enforcing a foreign‑currency judgment was set aside for irregularity for failing to state the kwacha equivalent.
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Civil procedure — Enforcement of foreign‑currency judgment — writ of fieri facias must show kwacha equivalent/certificate per Order XLII and Schedule forms; expunging extraneous affidavit material; stay of execution principles.
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11 March 2024 |
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High Court dismissed leave for judicial review because constitutional interpretation of JCC’s actions lies with the Constitutional Court.
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Judicial review — Jurisdiction of High Court — Limits where resolution requires interpretation of non‑Bill‑of‑Rights constitutional provisions — Article 128 exclusive jurisdiction of Constitutional Court; Judicial Complaints Commission — power to call witnesses and procedural fairness; Retirement of judge — Article 142(2) and effect on JCC jurisdiction; Order 53 (English Rules) applicable subject to constitutional limits.
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11 March 2024 |
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Applicant failed to show a right to interim relief; injunction discharged and unfair competition claim held outside High Court jurisdiction.
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Interim injunctions — criteria: serious question to be tried, adequacy of damages, balance of convenience; Public Roads Act & permits; RDA v local authority jurisdiction over billboard permits; non‑disclosure (clean hands); jurisdictional limit — unfair competition to Competition and Consumer Protection Commission
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7 March 2024 |
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The respondent's committee unlawfully annulled entire elections based on one petition, denying the applicants a hearing.
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Administrative law — Judicial review of internal disciplinary/election body — Excess of jurisdiction — Use of unapproved draft rules — Breach of natural justice (audi alteram partem) — Wednesbury unreasonableness — Internal constitutional amendment process.
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6 March 2024 |
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6 March 2024 |
| February 2024 |
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Decree Nisi granted on two years' separation with consent; court determined undefended divorce on affidavits under Order 30 Rule 6A.
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Divorce — Decree Nisi — two years' separation with consent — undefended divorce on affidavit evidence — Order 30 Rule 6A High Court Rules (Amendment) 2020 — inapplicability of English Family Proceedings/Matrimonial Rules — custody and maintenance — property settlement referral to mediation.
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29 February 2024 |