Results.
7 judgments found.
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| December 1988 |
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21 December 1988 |
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Appeal allowed; costs award and threatened committal reversed where absence was caused by court's own notice.
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Civil procedure — adjournment costs — absence of counsel due to court marshall's circular — contempt — threat of committal unjustified absent evidence of discourtesy — appellate discretion on costs.
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7 December 1988 |
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Court reduced pain-and-suffering award, ruling devaluation must be considered but not via simple multiplication.
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Damages — Devaluation of the kwacha — Effect on awards; Pain and suffering — Appropriate weekly rate; Appellate interference — inordinately high awards
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6 December 1988 |
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Pinioning a victim's arms to prevent resistance constitutes 'violence' under aggravated robbery provisions; appeal dismissed.
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Criminal law — Aggravated robbery — Meaning of 'violence' under s.294(1) Penal Code — Restraint/pinioning of arms suffices; beating not required — Identification in broad daylight.
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6 December 1988 |
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Appellate court upheld theft convictions where driver/recipient testimony and documentary irregularities corroborated each other.
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Criminal law — Theft by public servant — Corroboration of accomplice and witness evidence by documents (missing invoices, audit) — Credibility findings — Appellate review of factual findings.
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6 December 1988 |
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Breach of Exchange Control Regulations did not constitute mala fides to bar setting aside a default judgment.
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Civil procedure — Setting aside default judgment — Mala fides as bar to relief — Mala fides refers to conduct in the prosecution/defence of litigation, not unrelated breaches (eg Exchange Control Regulations) — Existence of bona fide defence and short delay justify setting aside default judgment
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5 December 1988 |
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An apex body's suspension of an affiliated union's officers is ultra vires absent express or necessarily implied disciplinary powers.
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Trade union law — Disciplinary powers — Power to suspend or expel must be expressly provided or necessarily implied in rules — Statutory affiliation does not itself confer disciplinary authority on apex body — Ultra vires measures null and void
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5 December 1988 |