Results.
6 judgments found.
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| March 1988 |
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Photographic evidence showed defendant on wrong side; appellate court allowed appellant's claim for damages.
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Road traffic accident — evaluation of photographic (real) evidence — appellate re-assessment of factual inferences — misdirection by trial judge — allocation of liability.
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25 March 1988 |
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A successive habeas corpus application is barred unless it adduces fresh evidence or grounds not previously available.
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Habeas corpus — successive applications — English practice barring repeat applications unless fresh evidence/grounds — Habeas Corpus Act 1816 not part of Zambian written law — s 10 High Court Act and Interpretation Act construction — abuse of process where available grounds withheld
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24 March 1988 |
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Appellant's permission request was not sinister; respondent failed to prove marriage breakdown caused by appellant.
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Customary law — taking another man's wife without permission; burden of proof in civil claim for marriage breakdown; credibility assessment and appellate intervention for trial judge misdirection; refund of wrongful damages; costs subject to Legal Aid.
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22 March 1988 |
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Where a contract allowed one‑month termination, lost‑profits damages limited to one month; unchallenged evidence referencing records sufficed to prove leakages.
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Contract law — breach — measure of damages for non‑supply where contract permits termination on notice; Evidence — proof of special loss — unchallenged oral evidence referring to records may suffice where opponent fails to call or demand documents; Mitigation and assessment period for lost profits
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16 March 1988 |
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A statutory rule requiring original lottery tickets to be lodged in a designated security area before the draw is binding and cannot be circumvented by negligence claims.
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State lotteries — rule requiring original ticket to be lodged in designated security area before draw — statutory enforceability (rule 12(6) and s.20(3) State Lotteries Act) — possession by employee vs physical location — vicarious liability cannot circumvent express rules
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16 March 1988 |
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Recent possession of stolen property bearing distinctive marks justified an inference of participation; conviction and sentence were upheld.
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Criminal law — recent possession of identifiable stolen property as evidence of participation in robbery; identification of stolen goods by distinctive marks and debris; admissibility and weight of warned and cautioned statements; police duty regarding fingerprinting; appellate review of sentence severity.
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8 March 1988 |