Results.
29 judgments found.
|
|
|
| December 1985 |
|
|
Rule 78 permits correction of clerical slips, not alteration of substantive final judgments; application dismissed.
-
Supreme Court — Correction of judgment — Rule 78 (clerical errors/accidental slips) — No power to alter substantive final judgments — Finality of judgments
|
17 December 1985 |
|
A landlord under s.13(1)(e) must prove premises are reasonably required for employees employed by that specific landlord.
-
Civil procedure — Rent Act — originating notice of motion required; notice to quit — need not state reasons under s.13(1)(e); landlord must prove premises required for employee of that particular landlord (complete identity); Rent Act protective of tenants; landlord must prove reasonable requirement
|
10 December 1985 |
|
Landlord’s failure to obtain Presidential consent does not defeat an innocent tenant’s statutory right to seek tenancy renewal.
-
Land law — Land (Conversion of Titles) Act s.13(1) — Presidential consent to alienation — Effect of landlord’s failure to obtain consent on tenant’s rights under Landlord and Tenant (Business Premises) Act — Innocent tenant protected; landlord cannot rely on own default.
|
10 December 1985 |
|
Employer not liable for riot damage by striking employees; no strict liability or duty to third parties recognised.
-
Tort — Vicarious liability — Course of employment — Acts of vengeance/violence by striking employees not within employment; Rylands v Fletcher — strict liability not applicable to keeping miners in compound; Negligence — no duty to third parties to avoid inciting workers; Refusal to create novel employer liability for riot damage; Legislative, not judicial, remedy
|
9 December 1985 |
|
An innocent tenant's right to renewal survives a landlord's failure to obtain Presidential consent under s.13.
-
Land law; effect of failure to obtain Presidential consent under s.13 Land (Conversion of Titles) Act; tenant protection under Landlord and Tenant (Business Premises) Act; landlord's default cannot defeat innocent tenant's statutory rights
|
9 December 1985 |
| November 1985 |
|
|
Airfare damages should reflect the rate when paid; gratuity is calculated on basic salary excluding non-private practice allowance.
-
Damages — inflation and realistic recompense — airfares to be paid at rate applicable when payment is made; Employment contract — construction of "salary"/"emoluments" and exclusion of non-private practice allowance from gratuity base
|
14 November 1985 |
|
A two-year nationwide restraint preventing the respondent from working in Zambia is unreasonable; airfare payment is not a valid justification.
-
Restraint of trade — employment contract — reasonableness of temporal and geographic limits — employer’s interest in trade secrets and connections — public sector employment does not necessarily threaten employer’s interests — payment of employee’s air fare not a reasonable justification — damages for breach; counter-claim for unpaid salary and leave pay
|
14 November 1985 |
| September 1985 |
|
|
A writ for service abroad must show the plaintiff's address and be issued only after court leave; procedural breaches may be curable.
-
Civil procedure — Writs: endorsement of plaintiff's address required by O.VII r.1(a); service abroad requires prior leave under O.X r.16; directory breaches generally curable
|
24 September 1985 |
| July 1985 |
|
|
Attestation as cadet can vest accrued statutory protection against summary dismissal; damages (with interest) awarded, not reinstatement.
-
Employment law — accrued rights under a repealed statute — attestation as cadet vests contingent contractual/statutory protections — procedural safeguards before dismissal survive where conditions for acquisition were set in motion — discretionary relief: declaration v damages — assessment of damages and interest
|
30 July 1985 |
|
A counter-claim consisting only of a schedule of values without material facts does not disclose a cause of action and must be struck off.
-
Civil procedure — Pleadings — Cause of action — Necessity to plead material facts — Bare schedules of damages insufficient — When statutory, equitable or contractual bases are relied on, material facts must be alleged
|
14 July 1985 |
|
Landlord’s possession claim must be begun by writ; new landlord may rely on prior landlord’s notice to quit; amendment allowed, three‑month stay.
-
Procedure — Landlord and tenant claims for possession of business premises must be commenced by writ (Order 6 High Court Rules); originating notice of motion inappropriate under Landlord and Tenant (Business Premises) Act. New landlord may rely on notice to quit served by previous landlord where intentions (e.g. redevelopment) are similar. Amendment to cure procedural defect permissible where no prejudice arises. Stay of execution granted
|
4 July 1985 |
| June 1985 |
|
|
Qualified privilege protected circulation of dismissal reasons to workplace participants, but not to the Senior Labour Officer under inapplicable regulations.
-
Tort — Libel — Qualified privilege — Publication of dismissal reasons to works council members and employees privileged under Industrial Relations Act s.69 (common interest) — Publication to Senior Labour Officer not privileged where notification regulation inapplicable
|
6 June 1985 |
|
Uncontradicted sworn alibi allegations require State contradiction; language-formalities are directory if explained to the detainee.
-
Constitutional law — detention — grounds in writing and language requirement directory if explained in a language detainee understands; Habeas corpus — uncontradicted sworn allegation/alibi requires contradiction by State; Chisata and Lombe clarified
|
4 June 1985 |
| May 1985 |
|
|
Hearing an open court issue in chambers for convenience does not make leave to appeal necessary under section 24(1).
-
Civil procedure — Appealability — Order made in chambers on an open court issue — Section 24(1) of the Supreme Court Act applies only to matters that must be heard in chambers; convenience hearings in chambers do not require leave to appeal
|
22 May 1985 |
| April 1985 |
|
|
An unqualified person giving an injection is not automatically culpably negligent for manslaughter without evidence of breach of duty.
-
Criminal law — Medical treatment by unqualified person — Injection — Tetanus — Culpable negligence — Section 213 Penal Code — Causation — Manslaughter
|
22 April 1985 |
|
Court held it may stay proceedings in voluntary liquidation and that mistaken overpayments create a constructive trust priority.
-
Companies Act ss.141 & 189 — court's power to stay proceedings in voluntary liquidation; Mistaken payments — constructive trust; equitable proprietary priority over unsecured creditors; action for money had and received unnecessary.
|
19 April 1985 |
|
Court may stay proceedings in voluntary liquidation; mistaken overpayment can create an equitable proprietary right but the present action was stayed.
-
Company law — Winding up — Voluntary liquidation — Court’s power to stay proceedings under ss.141 and 189 — Mistaken payment — Equitable proprietary right/constructive trust — Action for money had and received and creditor priority
|
18 April 1985 |
|
A vesting clause provides security for contract performance and does not convert employer into beneficial owner entitled to insurance proceeds.
-
Contract — Building contract — Vesting clause — Insurance policy in joint names — Insurance proceeds as security for performance, not conferring beneficial ownership; applied: Re Winter, Ex parte Bolland
|
18 April 1985 |
|
A clerk may validly sign process for a qualified practitioner under section 54; wrong-organ institution can be cured by ratification.
-
Civil procedure — Legal Practitioners Act ss.42, 44, 54 — validity of process signed by clerks; Law Association Act ss.11, 13(7)(c) — proper organ to institute s.69 proceedings; ratification of procedural irregularity; conditional stay and continuation of injunction.
|
4 April 1985 |
|
Whether a clerk may sign process on behalf of a practitioner and whether proceedings under s.69 must be instituted by the Practitioners' Committee.
-
Civil procedure; Legal Practitioners' Act ss.42, 44, 54 and s.69; validity of process signed by unqualified clerks; corporate authority of Law Association — powers of Legal Practitioners' Committee; curable procedural irregularity by ratification
|
3 April 1985 |
|
Court affirms amendment power at no-case stage, narrows confessions/interrogation admissibility, and clarifies accomplice corroboration rules.
-
Criminal law — Treason: overt acts, duplicity, uncertainty, amendments at no-case stage, minor-offence substitution, accomplice evidence and immunity bargains, Judges' Rules and admissibility of confessions, interrogation notes, documentary evidence and corroboration
|
1 April 1985 |
| March 1985 |
|
|
An appellate court will not disturb a trial judge’s credibility findings absent perversity; special losses must be proved and salvage deducted.
-
Civil procedure — Appeal against findings of fact and credibility; limits on appellate interference — Damages — Assessment of special loss; proof required — Motor vehicle written off; salvage value deductible — Insurance not determinative of damages
|
23 March 1985 |
|
Court: interpretation of defamatory words is for the court; fair comment on TAW scandal upheld.
-
Defamation (libel) — meaning of words — court’s function to determine ordinary meaning — fair comment defence — reliance on Hansard and prior reports to establish factual substratum — Kemsley v Foot applied — "got away with" not necessarily implying criminality
|
14 March 1985 |
| February 1985 |
|
|
An absent director's failure to demand a rehearing waives notice irregularity, validating the resolution and writ.
-
Civil procedure — Writ authority — Company board resolution passed without notice to a director — Notice irregularity cured or waived where absent director, aware of decision, fails timely to require a second meeting; Arbitration — stay refused where no contractual dispute between parties
|
26 February 1985 |
|
Court may recall witnesses to clarify issues but prosecution must call rebuttal; bank records with bank consent are admissible without warrant.
-
Criminal procedure — calling/recalling witnesses and rebutting evidence; court should not itself assume prosecution’s role — bank records admissible without search warrant where bank consents; Evidence (Bankers' Books) Act s.3 — prima facie evidence of entries
|
19 February 1985 |
|
Past disciplinary misconduct will not permanently bar enrolment if subsequent contrition and conduct redeem the applicant's integrity.
-
Legal Practitioners Act — fitness to enrol — integrity as overriding criterion — redemption by subsequent good conduct — natural justice and right to be heard — appellate substitution of findings where inferences from undisputed facts
|
7 February 1985 |
| January 1985 |
|
|
Blue books are evidence, not title; appeals to judges in chambers are fresh applications permitting further affidavits.
-
Civil procedure — Appeal to judge in chambers treated as fresh application; further affidavits admissible
-
Evidence — Motor vehicle registration book (blue book) is not a document of title, only evidence on ownership
|
30 January 1985 |
|
A criminal acquittal is not proof in civil proceedings; dismissal upheld, but accrued leave and pension benefits awarded.
-
Civil procedure; Evidence — admissibility of criminal-trial outcome in civil proceedings; Secondary evidence admissible via cross-examination; Wrongful dismissal; Accrued leave and pension entitlements
|
23 January 1985 |
|
A court may not uphold an unpleaded fraud claim unsupported by evidence or contrary to the pleaded causes.
-
Civil procedure — Pleadings — Radical departure from pleaded case — New cause of action (fraudulent concealment) cannot be entertained; Sale of Goods Act — acceptance (s.35) by dealing with goods; remedy for breach of warranty limited to damages (s.53); findings unsupported by evidence are unsustainable
|
9 January 1985 |