Results.
535 judgments found.
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| February 2024 |
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Court set aside default judgment and granted leave to defend, requiring defence to be filed within 14 days.
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Civil procedure — setting aside default judgment — discretionary power — requirements: bona fides, reasonable explanation for default, absence of mala fides — defence on the merits/triable issue — no mini‑trial; consider evidence likely at trial.
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22 February 2024 |
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The applicant awarded leave pay, salary arrears and statutory severance; severance accrues from May 2020 and is not a pension benefit.
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Employment law — leave pay — employer admission to indebtedness; Employment Code Act 2019 s.54 — severance/gratuity for permanent employees; accrual of statutory severance from end of transition (May 2020); distinction between severance and pension benefits for payroll retention; acceptance of employer-signed computations as evidence; costs for unreasonable non-appearance.
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20 February 2024 |
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An appeal from a registrar filed after seven days without leave is dismissed for want of jurisdiction.
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Civil procedure — Appeals from Registrar — Order XXX r10 High Court Rules — seven‑day time limit — jurisdiction — dismissal for lateness; leave to appeal granted
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18 February 2024 |
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Applicant awarded salary underpayments and statutory gratuity due to employer’s non-compliance with minimum wage requirements.
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Labour law — Minimum wages and protected employees — Contractual pay below statutory minimum void to extent of contravention — Statutory gratuity for long-term contracts — Proof and pleading requirements for leave claims — Costs for non-appearance.
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16 February 2024 |
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Application to file a reply out of time refused due to inordinate delay, unsatisfactory excuse and prejudice to the defendants.
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Civil procedure — extension of time — Order XIX Rule 2 — non-compliance with directions — delay, inadequate excuse (advocate illness), prejudice to respondent — Access Bank precedent; discretion to refuse late filings
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12 February 2024 |
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Court varied prior custody order after children's expressed preferences, awarding custody to the respondent and discharging the injunction.
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Matrimonial law — custody variation — children’s views and best interests — review/variation of court judgments (Order 39) — ex parte matrimonial injunction discharged.
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7 February 2024 |
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Under Debtors Act s4 the court found evidence of means to pay and issued a suspended 30‑day committal order pending payment.
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Debtors Act s4 — committal for default; proof of means to pay — documentary evidence and reasonable inference; Order 3 Rule 2 inapplicable post-judgment; suspended custodial committal; bank payment instruction as evidence.
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7 February 2024 |
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Decree Nisi granted on consent where two-year continuous separation proved; property settlement referred to mediation.
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Family law — Matrimonial Causes Act (Sections 8, 9(1)(d), 41) — irretrievable breakdown due to two-year separation — consented Decree Nisi — referral of property settlement to mediation under High Court Rules (Order 31 Rule 4).
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5 February 2024 |
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Court granted mutual interim injunctions to preserve disputed land pending trial, finding a serious question to be tried.
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Interim injunctions — American Cyanamid test — serious question to be tried — preservation of subject matter — mutual/reciprocal injunctions — leave to appeal granted
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1 February 2024 |
| January 2024 |
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An interim injunction was granted to restrain dealing with disputed land pending final determination due to irreparable harm.
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Injunctions — interim relief — preservation of status quo — irreparable harm — serious question to be tried — balance of convenience — restraint on dealing with disputed land
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31 January 2024 |
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Court dismissed the plaintiff’s property-title suit as an abuse of process because identical issues were pending on appeal and in related criminal proceedings.
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Civil procedure — abuse of court process — duplicative proceedings and pending appeal — execution of prior judgment — concurrent civil and criminal proceedings involving same property and parties
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31 January 2024 |
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Where title is contested, summary proceedings under Order 113 RSC are inappropriate; matter deemed commenced by writ under Order 28 r.8 RSC.
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Civil procedure — summary proceedings (Order 113 RSC) — inappropriate where title is contested; Civil procedure — deemed commencement by writ (Order 28 r.8 RSC) — affidavits to be treated as pleadings; Joinder of parties — effect on procedural route; Costs — no order.
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31 January 2024 |
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Order 14A cannot be used to determine factual trespass or nuisance disputes requiring trial evidence; application dismissed.
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Procedure — Order 14A RSC — Preliminary issues suitable for determination without trial — Requirements: suitability and finality — Locus standi — Trespass and nuisance require trial evidence — Avoid pre-empting substantive issues.
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30 January 2024 |
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Applicants declared prohibited immigrants are entitled to temporary permits under section 27 while judicial review of their deportation is pending.
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Immigration law — Temporary permits under section 27 — Prohibited immigrants under section 35 and Second Schedule — Exception where court proceedings pending (section 35(3)) — Effect of leave to apply for judicial review as stay of deportation.
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26 January 2024 |
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Decree Nisi granted on two years' separation plus consent; custody, maintenance ordered and property settlement referred to mediation.
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Family law — Divorce — Irretrievable breakdown by two years' separation with consent — Undefended divorces decided on affidavit evidence (Special Procedure) — Order 30 Rule 6A High Court Rules — Decree Nisi; custody and maintenance; property settlement referred to mediation.
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22 January 2024 |
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Court granted Decree Nisi on five years’ separation via Special Procedure, awarding custody to the applicant and costs each to bear own.
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Family law — Divorce by Special Procedure — Irretrievable breakdown proven by five years’ separation — Determination on affidavit under Order 30 Rule 6A — Decree Nisi granted; custody and maintenance orders; each party to bear own costs.
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22 January 2024 |
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Decree Nisi granted for five‑year separation under Special Procedure; property settlement referred to mediation; respondent ordered to pay costs.
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Divorce law — irretrievable breakdown — five years' separation; Special Procedure (Order 30 Rule 6A) — determination on affidavit/documents; Decree Nisi; property settlement referred to mediation (Order 31 Rule 4); costs awarded to petitioner.
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22 January 2024 |
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Undefended divorce granted on two years' separation with consent; custody and maintenance ordered; each party to bear own costs.
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Matrimonial Causes Act s.8 & s.9(1)(d) — dissolution for irretrievable breakdown; Special Procedure for undefended divorce — two years' separation plus consent; High Court Rules Order 30 Rule 6A — determination on documents; custody and maintenance orders; costs each party to bear own.
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22 January 2024 |
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Failure to inform a detainee of arrest grounds renders detention unlawful; petitioner awarded general and exemplary damages.
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Constitutional right to personal liberty (Art.13) — duty to inform detainee of reasons for arrest (Art.18(2)(d)) — section 33 CPC — unlawful detention where reasons not promptly disclosed — exemplary damages against State for arbitrary/contumelious conduct — detainee access to food and communication are justiciable rights.
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17 January 2024 |
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Determination of whether railway reserve boundaries can be altered requires trial due to conflicting survey evidence and expert issues.
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Land law — railway reserve strip (Farm 1209) — Mashona Railways Company Act; Railways (Deviations) Act — boundary verification; survey inconsistencies and missing beacons; Order 14A summary determination unsuitable where expert evidence required; encroachment; costs in the cause; leave to appeal granted
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11 January 2024 |
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Court refused to quash Minister’s decision but ordered Minister to operationalize the Mining Appeals Tribunal and hear the applicant’s appeal.
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Judicial review — certiorari and mandamus — limits of review (process not merits) — procedural impropriety, illegality, unreasonableness — duty to constitute/operationalize Mining Appeals Tribunal — deemed filing of appeal — exhaustion of administrative remedies.
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11 January 2024 |
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Court permitted joinder after judgment where an affected party lacked proof of service and had an interest in the proceedings.
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Joinder after judgment; Order 14 Rule 5 (High Court Rules); Order 15 Rule 6 (Supreme Court Rules); Order 53 Rule 9 (judicial review); functus officio exception; lack of service/affected party; avoidance of multiplicity of actions
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11 January 2024 |
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New tenancies refused where landlord proved persistent rent arrears, substantial breaches, and intention to reconstruct premises.
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Landlord and Tenant (Business Premises) Act — s6 (application for new tenancy); s11 (grounds to oppose: persistent delay in paying rent; substantial breaches; intention to demolish/reconstruct); s12 (court must refuse if landlord proves grounds); s13(1)(a) (possession during renovations) — security of tenure balanced against landlord's proven grounds.
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5 January 2024 |
| December 2023 |
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Court stayed proceedings and referred the applicant's pension computation dispute to arbitration under the fund's arbitration clause.
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Arbitration — stay of court proceedings under s.10 Arbitration Act — construction and scope of arbitration clause in pension trust rules — applicability to former members — disputes over computation of defined-benefit portable benefits — actuarial valuation — whether arbitrator may determine matters implicating statutory interpretation.
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29 December 2023 |
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Emails proposing/accepting a payment plan and a part payment can constitute a clear implied admission, justifying judgment on admission.
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Civil procedure — Judgment on admission — Admissions may be express or implied but must be clear and unequivocal — Payment plan emails and part payment can constitute implied admission of debt — Failure to apply to amend affidavit containing alleged typographical error.
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29 December 2023 |
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Challenge dismissed: business rescue resolution lapsed for failure to comply with statutory notice and filing requirements.
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Corporate Insolvency Act 2017 — Section 21 notice and filing requirements — lapsing of business rescue resolution for non-compliance — affected persons' participation and business rescue plan adoption (Sections 41–43) — appointment of business rescue administrator rendered academic where resolution lapsed.
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29 December 2023 |
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Court ordered specific performance for shop possession but dismissed damages claim; costs awarded and leave to appeal granted.
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Contract law — oral agreement to allocate market shops — payment and issuance of certificates — reallocation and variation of agreement — specific performance appropriate; damages for loss of business dismissed; admissibility of unpleaded evidence where not objected to.
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29 December 2023 |
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A bona fide purchaser for value without notice prevails; repudiation and settlement preclude specific performance; vendor liable for refund and damages.
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Property law — Sale of land — bona fide purchaser for value without notice; equitable notice (actual and constructive); specific performance unavailable where vendor repudiates and purchaser accepts refund; caveat — entitlement and wrongful lodgment; remedy: damages and refund.
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29 December 2023 |
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Summary dismissal for alleged dishonesty upheld; plaintiff awarded accrued gratuity, leave, acting allowance, certain unpaid salary and K6,900.
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Employment law — suspension, disciplinary procedure and right to be heard — summary dismissal for dishonesty — entitlement to accrued benefits (gratuity for completed years, accrued leave, acting allowance, unpaid salary) — appeal procedure under internal code.
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15 December 2023 |
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Default judgment refused; Attorney General must be joined and ownership must be proved at trial before vehicle release.
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Civil procedure — Default judgment — Relief against state organs — Joinder of Attorney General required where police custody of property is implicated — Necessity of declaration of ownership and trial to determine entitlement.
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15 December 2023 |
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Subordinate court lacked jurisdiction to determine land-title dispute without all parties' consent; appeal allowed and case transferred to High Court.
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Subordinate Courts Act s23 — jurisdictional condition precedent — disputes involving title/ownership of land require consent of all interested parties — absence of consent renders proceedings a nullity; magistrate must ascertain jurisdiction before deciding preliminary issues.
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12 December 2023 |
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12 December 2023 |
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Whether a later suit challenging election validity is barred by res judicata when prior proceedings addressed only disqualification.
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Civil procedure — res judicata and abuse of court process — requirement that same cause of action and same parties must have had an opportunity to recover — distinction between proceedings on disqualification and separate challenges to election validity — appeal to judge in chambers as fresh application.
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12 December 2023 |
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Applicant proved respondent's unpaid diesel debt; court awarded K210,500 with interest and dismissed other damages claims.
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Contract formation — sale of goods (diesel) — proof on balance of probabilities; Default/delay — hearing in defendant's absence under Order XXXV r.3; Assessment of outstanding debt and ledger evidence; Interest on judgment and costs; Failure to prove ancillary breach/damages claims.
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12 December 2023 |
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Termination during probation was lawful where assessment outcomes were communicated and statute/contract do not require a particular form.
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Employment law — Probationary employment — Section 27 Employment Code Act 2019 — mandatory assessment and communication before probation expiry — statute does not prescribe manner of communication — oral communication may suffice where contract is silent — termination with 24‑hour notice during probation lawful — burden to prove failure to communicate.
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11 December 2023 |
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Forensic and circumstantial evidence established that the accused intentionally suffocated and buried a born‑alive infant, meriting a murder conviction.
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Criminal law — Murder — elements: death, unlawful act/omission, causation, malice aforethought — Circumstantial evidence — Forensic pathology and histology establishing born-alive status and asphyxia — Infanticide/mental disturbance assessed and rejected.
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8 December 2023 |
| November 2023 |
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Application to revoke probate dismissed; executors ordered to render accounts of estate administration.
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Probate revocation — Wills Act s.51 grounds — duty to render accounts s.45(1)(c)(ii) — testate v intestate — corporate personality and piercing veil — locus standi to challenge administration.
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28 November 2023 |
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Whether a duplicate certificate issued in error defeats a registered proprietor's title and supports damages for lost business.
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Land law — Certificate of title conclusive under s.33; duplicate certificate issued in error; challenge only on fraud or impropriety; proof required for interference with possession and damages.
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23 November 2023 |
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Unauthenticated foreign Power of Attorney rendered affidavit irregular; court expunged it but allowed amendment and re-swearing to cure.
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Authentication of foreign documents — Power of Attorney executed abroad must be authenticated under s3 Authentication of Documents Act; defective affidavit expunged — irregularity curable by amendment and re-swearing (Order 5 r14 High Court Rules); misnomer/correction of party name; Order 2 r1-2 Rules of Supreme Court (irregularities) and Order 3 r2 High Court Rules (interlocutory powers); costs to applicant; leave to appeal granted.
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20 November 2023 |
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Plaintiff acquitted after ten months; false imprisonment proven but malicious prosecution and claimed special losses not established.
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False imprisonment — prosecution without reasonable and probable cause — malicious prosecution requires proof of malice — failure to prove special damages for alleged stolen property — award of general, aggravated and exemplary damages — costs and interest; damages assessment referred.
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17 November 2023 |
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Caveator's contract and payments created an equitable interest sufficient to justify maintaining the caveat; removal application dismissed.
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Lands and Deeds Registry Act — caveat — section 76 permitting caveat by person claiming interest — equitable/contractual interest (deposit/contract of sale) creates special interest justifying caveat — burden on caveator to show cause under sections 81/82 — removal application dismissed.
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9 November 2023 |
| October 2023 |
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Application to compel Registrar to execute conveyance dismissed because an existing stay of execution remained in force.
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Conveyancing — Section 14 High Court Act — appointment of Registrar to execute conveyance documents — requirement of prior judgment and refusal to comply — effect of stay of execution by a lower tribunal.
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23 October 2023 |
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Plaintiff proved purchase and possession; declared owner; Deputy Registrar cannot be appointed before defendant's refusal to comply.
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Property law — Sale and assignment — Proof of contract, payment and possession; Declaration of ownership; Conveyancing and State consent to assign; Section 14 High Court Act — nomination of Deputy Registrar to execute documents only after refusal to comply with judgment; Default judgment principles — plaintiff's burden of proof remains despite defendant's absence.
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23 October 2023 |
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Plaintiff proven purchaser in possession entitled to declaration of ownership and an order compelling defendant to effect transfer; vesting order refused pending non-compliance.
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Property law — contract of sale and payment — possession as evidence of title claim — transfer of registered title — High Court Act s.14 and vesting orders — burden of proof in undefended actions.
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23 October 2023 |
| September 2023 |
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High Court may set aside an irregular writ of execution issued prematurely and applying interest not awarded by the appellate court.
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Civil procedure — execution of appellate judgment — setting aside praecipe and writ of fieri facias for irregularity; jurisdiction of High Court over enforcement matters; three-day rule and requirement of leave for immediate execution; piercing corporate veil — liability for execution; unauthorized interest on writ.
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18 September 2023 |
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High Court set aside a writ of fieri facias for procedural irregularities despite appellate judgment piercing the corporate veil.
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Execution of judgment — setting aside praecipe and writ of fieri facias for irregularity; Order XLVII Rule 5(2) (three‑day rule) and leave for immediate execution; endorsement of assessed judgment sum; inclusion of unordained interest; piercing corporate veil and personal liability; High Court jurisdiction to adjudicate enforcement irregularities.
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18 September 2023 |
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Court granted leave to appeal out of time, stressing sufficient cause, promptness and that ex curia talks do not stop time.
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Civil procedure — leave to appeal out of time; sufficient cause; discretion; ex curia discussions do not stop time; promptness and prejudice; Article 118(2)(e) not a procedural shield.
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1 September 2023 |
| August 2023 |
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Disciplinary findings of misapplication of client funds justified striking the respondent off the Roll to protect public confidence.
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Legal Practitioners Act — professional misconduct — misapplication/misappropriation of client funds — co-mingling — admissibility of foreign complaint letter — requirement (and absence) of accountant's report — disciplinary sanction: striking off.
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28 August 2023 |
| July 2023 |
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Uncontested divorce granted on two-year separation; custody, maintenance and property settlement referred for formal application.
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Family law — Divorce — Decree nisi where parties lived apart for two continuous years — Uncontested petition — Custody, maintenance and property settlement referred for separate formal applications — Costs each party to bear own.
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27 July 2023 |
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Redundancy lawfully effected; statutory minimum paid due to employer insolvency; complaint dismissed; each party bears own costs.
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Employment law — Redundancy (s.55 Employment Code Act) — Collective recognition agreement and negotiation obligations — Consultation and genuine engagement — Proof of payment and burden of evidence — Employer financial incapacity/Bank of Zambia findings.
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25 July 2023 |