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Citation
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Judgment date
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| March 2022 |
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Court prioritised children's welfare over parental financial claims, granting interim split custody and ordering a social welfare report.
Family law — Child custody — Welfare of the child paramount — Financial capacity one factor among many — Interim split custody — Social Welfare assessment ordered.
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31 March 2022 |
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Notice of taxation filed before conclusion set aside where court did not order taxation forthwith.
Civil procedure — Taxation of costs — Order 62 Rule 8: costs not to be taxed until conclusion of cause unless court orders earlier — Order 62 Rule 29: three-month limit to commence taxation — notice of taxation filed prematurely set aside.
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31 March 2022 |
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31 March 2022 |
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A donee must sue in the principal's name; suing in the donee's name is a substantive defect warranting striking out.
Power of attorney – capacity to sue – agent must sue in principal's name; striking out party – substantive lack of authority; discretionary leave to refile; procedural directions and costs.
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30 March 2022 |
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Whether a written contract of sale or a disguised loan determined ownership; court upheld respondents' title, dismissing applicant's fraud claim.
Property law – contract formation and written sale agreements – evidential weight of signed written contract; Pleading and proof of fraud – particularity required and high standard where alleged; Challenge to certificate of title for fraud; Vacant possession and mesne profits claims.
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30 March 2022 |
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A defendant must show an excusable default and a meritorious defence to set aside a default judgment.
Civil procedure — Default judgment — Setting aside ex parte judgment — Requires meritorious defence disclosing triable issues and an excusable explanation for default; stay of execution and committal not granted where defence is unconvincing and default inexcusable (Orders 12, 20, 35, High Court Rules).
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30 March 2022 |
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A conditional appearance without a defence cannot invoke Order 14A to displace the Arbitration Act's stay-and-refer regime.
Arbitration clause; Section 10 Arbitration Act 2000 – stay and referral to arbitration; Order 14A RSC – final determination; notice of intention to defend; conditional memorandum of appearance; jurisdiction.
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30 March 2022 |
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An undefended two‑year separation divorce with consent may be granted on affidavit and referred to mediation for custody and maintenance.
Family law – Divorce – Two years’ separation plus consent as ground for Decree Nisi (Matrimonial Causes Act 2007, ss.8, 9(1)(d)); Court may determine undefended divorce on affidavit under Order 30 Rule 6A (High Court Rules, as amended); Maintenance and custody referred to mediation under Order 31 Rule 4; Decree Nisi to become absolute after six weeks.
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30 March 2022 |
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Facebook libel claim failed for lack of proof of reputational harm; counterclaim for emotional distress also failed.
Defamation – libel on social media – publication admitted; plaintiff must prove reputational harm among right‑thinking members of society; mere hurt feelings insufficient. Defence of justification requires proof of truth but unnecessary if no defamatory effect proven. Counterclaim – emotional distress – requires medical evidence, proof of severity and causal link; failure to prove these defeats claim.
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30 March 2022 |
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Landlord entitled to possession where tenants owe rent; purchase payments do not bar eviction under the Rent Act.
Rent Act – recovery of possession – requirement of rent lawfully due under s13 – unpaid rent as ground for eviction – distinction between tenancy and separate sale/purchase agreements – notice and opportunity to pay.
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30 March 2022 |
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Admission of prior conviction obviates section 142 proof; reformatory order quashed and substituted with probation, crediting pre-confirmation custody.
Juveniles Act – reformatory orders – confirmation by High Court; Criminal Procedure Code s.142 – proof of previous convictions and effect of admissions; credit for time spent on remand; parental neglect and suitability of reformatory orders; substitution with probation order.
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29 March 2022 |
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Undefended divorce based on five years' separation may be decided on affidavit evidence and gives rise to a Decree Nisi with ancillary matters referred to mediation.
Matrimonial Causes Act — undefended divorce — five years' separation plus consent — determination on affidavit evidence under Order 30 Rule 6A — referral of ancillary issues to mediation.
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28 March 2022 |
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Divorce granted for two years' separation with consent; ancillary issues referred to mediation; each party bears own costs.
Matrimonial Causes Act — two years' separation plus consent — undefended divorce on affidavit evidence; High Court Rules Order 30 Rule 6A — determination on documents; Section 41 — grant of Decree Nisi; referral of custody, maintenance and property issues to mediation under Order 31 Rule 4; costs — each party to bear own costs; consented Decree Nisi — no appeal.
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28 March 2022 |
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Unregistered Letters of Administration affecting land render administrators incompetent to sue; action dismissed.
Lands and Deeds Registry Act — registration of probate/Letters of Administration affecting land within 12 months — non‑registration voids capacity to sue regarding land — locus standi — preliminary issue — dismissal for incompetency.
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25 March 2022 |
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Whether a court can fix a time for payment by a statutory agency barred from enforcement by statute.
:[
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25 March 2022 |
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Court joined the district council where its alleged role in re‑planning could affect the outcome of a land occupation dispute.
Civil procedure – Joinder of parties – Order 14 rule 5 High Court Rules – requirements for joinder: interest/likely to be affected; necessity for complete adjudication; nexus in affidavit/pleadings – local authority involvement in land re‑planning and legalization – avoiding multiplicity of actions.
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25 March 2022 |
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Local authority unlawfully seized market traders' goods and containers; restitution value to be assessed, damages claim dismissed.
Local government powers – Demolition and seizure of market structures – Requirement of notice under Market and Bus Station Act – Burden and standard of proof in civil claims for confiscation and special damages – Assessment of unproven monetary losses by Deputy Registrar.
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15 March 2022 |
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Plaintiff entitled to 1.0244 hectares; fraud and solicitor undertaking claims not proved; purchaser must release title for conveyance.
Land conveyancing – disputed subdivision extent – admissibility and weight of sketch plan – effect of subsequent purchaser’s contract on prior vendee – alleged solicitor undertakings and professional misconduct – high standard for proving fraud and breach of undertaking.
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15 March 2022 |
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A creditor-appointed receiver cannot validly act against a company in Business Rescue absent administrator consent or court leave; challenge dismissed.
Corporate Insolvency Act — Business Rescue moratorium — requirement of administrator's written consent or leave of court; Business Rescue v. Receivership — generally mutually exclusive; locus of creditor-appointed receiver during Business Rescue; High Court inherent jurisdiction to hear interlocutory applications.
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7 March 2022 |
| December 2021 |
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An unwed father's prior denial of paternity and failure to assume parental duties bars inheritance absent legal recognition.
Intestate succession; putative/unwed father; parentage and legitimacy; requirement to demonstrate parental commitment or obtain declaration of parentage; biological link alone insufficient for inheritance.
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29 December 2021 |
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Court ordered preliminary issues under Order 14A be heard first to determine competence of application to discharge an injunction.
Civil procedure – Order 14A White Book – Preliminary issues – Notice of Motion to raise preliminary issues – Competence of application to discharge injunction – Interlocutory determination may dispose of an issue or claim.
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14 December 2021 |
| October 2021 |
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Charging order nisi granted and made absolute to enforce unpaid taxed costs against the plaintiff's registered properties.
Charging order nisi; Order 48 r6(d) HCR; enforcement of taxed costs; Order 50 r1(2) RSC/White Book procedure; execution against registered land; ex parte applications; making nisi absolute for non-attendance.
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28 October 2021 |
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A challenge to land re-entry after the 12-year limitation period is statute-barred, defeating any derivative title transfers.
Limitation of actions — Recovery of land — Limitation Act 1939 s.4(3) — 12-year bar — Challenge to re-entry — Order 14A and Order 33(7) application to determine legal issue — Derivative title fails where grantor's claim is statute-barred.
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13 October 2021 |
| September 2021 |
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Supplier proved delivery of stationery by LPOs/invoices; awarded K253,770 with interest and costs despite lack of registration.
Contract/Sale of Goods - Proof of delivery and payment - Sufficiency and authenticity of LPOs and invoices - Supplier registration - Procurement procedure irregularities - Quantum and interest against the State.
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16 September 2021 |
| August 2021 |
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Court refused to pierce the corporate veil or join post-judgment parties, dismissing applications for joinder and charging order.
Company law – Piercing corporate veil – Requirement of proof of intentional fraud or sham; Director's liability – Non-executive director not personally liable absent fraud; Civil procedure – Appeal from Deputy Registrar is rehearing de novo; Joinder post-judgment and charging order – impermissible without grounds to lift veil; Evidence – objection to scandalous affidavit paragraphs allowed.
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31 August 2021 |
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Plaintiff failed to prove driver or employer negligence, but insurer liable under a direct claim; damages to be assessed.
Road traffic accident; negligence—duty, breach, causation; evidential weight of police reports; need for expert evidence on excessive speed; vicarious liability; Section 90 Road Traffic Act—direct claim against insurer; assessment of damages; costs; leave to appeal.
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29 August 2021 |
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Whether unlicensed quarrying and blasting caused compensable damage to nearby properties.
Environmental law — Environmental Impact Assessment/Project Brief requirement for quarrying — mining licence identification — liability for damage from blasting — causation on balance of probabilities — injunction and compensation assessment.
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3 August 2021 |
| July 2021 |
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Stay of execution denied where appeal lacked prospects of success and sought merely to delay eviction.
Civil procedure — Stay of execution pending appeal — Appeal does not automatically stay execution — Requirement of prospects of success and risk of irreparable harm — Eviction order.
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21 July 2021 |
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Plaintiff failed to prove on balance of probabilities that defendant owed ZMW 19,200 for repairs or hire charges.
Motor-vehicle collision — defendant accepted responsibility and arranged some repairs — burden of proof in civil claims — requirement for expert/mechanic evidence to prove substandard repairs and quantify special damages — proof required for special loss and vehicle-hire claims.
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9 July 2021 |
| June 2021 |
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Court granted special leave to review and reopened trial to allow defendant's evidence via audiovisual technology, finding fresh evidence and no prejudice.
Judicial review (special leave) — fresh evidence — Chief Justice memorandum on application of High Court (Amendment) Rules; Civil procedure — Order XXXIX review test; Evidence — use of audiovisual technology; Adjournment discretion — pre-amendment law; Procedural default — prejudice required to deny relief.
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30 June 2021 |
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Applicant's review based on council minutes and receipts failed because documents were discoverable with due diligence.
Land law – review on fresh evidence – requirements: materiality, discovery since judgment, due diligence – public/council minutes and receipts – burden of proof – necessity of letters of offer for land allocation.
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29 June 2021 |
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A late application to call expert medical evidence after trial commencement was refused due to dilatoriness and prejudice to justice.
Civil procedure — Expert evidence — Order 38 Rules 36–37 — Leave required to adduce expert evidence; applications should ordinarily be made at summons for directions or before trial; late applications may be refused where they are dilatory or prejudicial — Costs and leave to appeal.
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29 June 2021 |
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Whether a prior lease binds a purchaser from a mortgagee in possession and entitlement to mesne profits for continued occupation.
Property law — Lease interpretation — Effect of sale by mortgagee in possession — Purchaser not bound by prior lease absent contractual succession; entitlement to mesne profits; pleadings requirement for statutory reliance.
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28 June 2021 |
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Government ban frustrated the contract; plaintiff entitled to an assessed refund, but damage claims dismissed.
Contract law – frustration by governmental ban on export; money had and received – acknowledgment of debt and evidential value; Law Reform (Frustrated Contracts) Act – recovery and allowance for expenses; damages – requirement of particularised proof; fraudulent misrepresentation – higher standard of proof.
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21 June 2021 |
| May 2021 |
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Operator compliance with emission limits does not bar nuisance liability; strict statutory liability can apply, but medical causation must be proved for personal injury.
Environmental law; private nuisance; fugitive dust emissions from cement plant; statutory emission limits not an absolute defence; strict liability under Mines and Minerals Development Act s.87(1); damages for inconvenience but no proven personal injury.
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30 May 2021 |
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A post-trial preliminary-issues application is incompetent; leave to file supplementary PACRA documents also refused.
Civil procedure — Preliminary issues — Order 14A RSC — must be filed before trial; Order 3 Rule 2 HCR — interlocutory relief only; Jurisdiction — challenge to re-entry under s.13 Lands Act — forum considerations; Evidence — leave to file supplementary documents — relevance and probative value; Practice Direction No.1/2002 — citation requirement does not confer jurisdiction.
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24 May 2021 |
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Extension of time to appeal denied where reasons were unsatisfactory and the applicant misled the court.
Civil procedure – extension of time to file notice of appeal – factors to consider: length of delay, reasons for delay, prospects of success, prejudice – applicant’s credibility and misleading the court – High Court Rules Order III r.2; Court of Appeal Act s.25.
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21 May 2021 |
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An erroneous survey diagram requires rectification and issuance of an amended Certificate of Title, not a varied duplicate.
Lands and Deeds Registry Act s.56(2) — duplicate Certificate must be exact copy; Land Survey Act ss.17–18 — rectification/ amended Certificate of Title where survey diagram erroneous; remedy vs. duplicate; consolidation of rectification issue in the same proceedings.
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19 May 2021 |
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Consent order not set aside: plaintiffs failed to plead/prove fraud or misrepresentation and their consequent claims fail.
Civil procedure – Consent order – Application to set aside for fraud or misrepresentation – Particularity in pleading fraud – Burden of proof – Interpretation of consent order terms (preferred price versus market price) – Counter-claim not prosecuted.
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14 May 2021 |
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Application to re-open trial dismissed; late private emails insufficient to justify re-opening.
Civil procedure — Re-opening reserved trial; inherent jurisdiction — Application must show why witness not earlier called, nature and materiality of evidence, and lack of prejudice — Late private emails from a non-party insufficient.
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14 May 2021 |
| April 2021 |
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Seller proved delivery and entitlement to payment; non‑acceptance by buyer warranted only nominal damages absent proof of loss.
Contract for sale of goods – proof of delivery; non‑acceptance of goods – breach of contract; measure of damages for non‑acceptance (contract price less market price) – failure to prove loss results in nominal damages; plaintiff’s burden of proof despite defendant’s absence; Sale of Goods Act ss.27–28.
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28 April 2021 |
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Payment bought the issued share capital; subsequent in‑kind subscriptions and board reconstitution were void ab initio.
Company law; share subscription; payment in kind; directors' powers; Companies Act 2017 s85 and former s216; nullity of unauthorised allotment; invalid board appointments; rectification of PACRA registers; restitution/unjust enrichment; injunctive relief.
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9 April 2021 |
| March 2021 |
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Applicants failed to prove fraudulent share transfers; respondents declared bona fide shareholders and accounting ordered.
Company law – alteration of nominal capital; share allotment and transfer; PACRA filing requirements; burden of proof in fraud allegations; distinction between shareholder transfer and removal; account and remediation for excluded directors.
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10 March 2021 |
| February 2021 |
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Minister's wide declaration of entire network as common carrier and ERB's unilateral interim tariff were unlawful and procedurally improper.
Electricity law — Ministerial power to declare common carrier under s15 — scope and purpose of "for the purposes of the Act"; limits on S.I. making; procedural fairness — s15(2) negotiation requirement; ERB tariff-setting — interim wheeling tariff, s30(1) pricing principles; illegality and proportionality in administrative action.
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26 February 2021 |
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Registered owner entitled to damages and mesne profits where a telecommunications tower was unlawfully sited on their land.
Property law – trespass to land; certificate of title conclusive; landlord/tenant rights and trespass by lessee; mesne profits/accounting for rentals; privity of contract and liability of purchaser of fixtures; remedies: damages, interest, costs; interlocutory injunction falls off.
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25 February 2021 |
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Applicant failed to prove compliance with customary-consultation requirements; court cancelled title and restored customary tenure.
Land law — Certificate of title and conversion of customary tenure; admissibility of affidavit exhibits and hearsay exceptions; Order 113 summary possession — suitability where occupants assert a claim of right; cancellation of title for failure to comply with s.3(4) Lands Act; consequences of failing to file affidavit in reply.
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24 February 2021 |
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Application to strike out as statute‑barred dismissed for failure to meet Order 14A’s notice‑of‑defence prerequisite.
Civil procedure — Order 14A: requirement of notice of intention to defend before disposing of questions of law; Order 33 rule 3 not a substitute for Order 14A prerequisites; Limitation Act 1939 — accrual and fraud (s.26) issues not decided where preliminary application procedurally incompetent.
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3 February 2021 |
| December 2020 |
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Plaintiff's unfair dismissal and malicious prosecution claims dismissed; entitled only to half-salary during suspension; defendant succeeded on negligence counterclaim.
Employment law – summary dismissal justified where employee authorised unsupported transfers and benefited; entitlement to suspension half-pay under employer's disciplinary code; malicious prosecution requires absence of reasonable and probable cause; negligence and breach of fiduciary/duty of care – counterclaim upheld for specific irregular transaction; damages to be assessed.
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31 December 2020 |
| November 2020 |
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Petitioner’s adultery established irretrievable breakdown; unreasonable‑behaviour claim failed for condonation and inadequate particulars.
Family law – Matrimonial Causes Act – irretrievable breakdown – unreasonable behaviour (s9(1)(b)) – requirement for particulars and effect of condonation; adultery (s9(1)(a)) – admission as proof; joinder of alleged third party (s10(1)) mandatory; Section 13 six‑month rule; welfare of children and property referral.
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13 November 2020 |
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Whether a later municipal allocation can defeat the applicant's prior property rights defined by original boundary fences.
Land law – sale of land – identification of sold parcel by physical demarcation (wire fence, poles) – erroneous/undated site plans and numbering do not defeat an agreed identifiable sale; Survey diagrams – vendor’s obligations and privity of contract; Municipal allocation – later allocation cannot lawfully encroach on previously sold, physically demarcated land; Possessory and evidential weight of fence stumps and poles.
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6 November 2020 |