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Citation
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Judgment date
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| August 1988 |
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Limited publication and a belated apology reduce defamation damages; "contumeliously" suffices to plead exemplary damages.
Defamation — restricted publication — apology as mitigating factor — vicarious liability and pleadings — sufficiency of pleading for exemplary damages ("contumeliously") — assessment and quantum of damages.
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29 August 1988 |
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An accused must be charged with armed robbery to face the death penalty; poor identification needs corroboration and missed fingerprints raise a rebuttable presumption.
Criminal law – Charge particulars – necessity to notify accused of armed robbery; Identification – need for corroboration where identification is poor; Evidence – police failure to lift fingerprints raises rebuttable presumption against accused.
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24 August 1988 |
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An interim injunction is inappropriate when the dispute is monetary and damages would adequately compensate the claimant.
Civil procedure – Interim injunction – Balance of convenience relevant only where harm is irreparable – Where dispute is purely monetary and damages suffice, injunction inappropriate.
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24 August 1988 |
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Conviction for obtaining money by false pretences upheld where evidence established deliberate misrepresentation despite weaknesses on related counts.
Criminal law – Obtaining money by false pretences – sufficiency of evidence – relevance of financial regulations on proof of identity – effect of acquittals on related counts on distinct conviction.
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23 August 1988 |
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Identification must be corroborated; possession of stolen goods can support conviction for receiving stolen property if armed-robbery identification fails.
Criminal law – armed robbery – identification at parade – corroboration by possession of recently stolen property – substitution of conviction for receiving stolen property – admissibility/weight of exhibits identified but not formally produced – sufficiency of firearm evidence for capital charge.
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23 August 1988 |
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A sale contract may be made conditional on Presidential consent; summary dismissal for lack of consent was wrongful.
Land law – Presidential/state consent – Validity of sale contracts conditional upon obtaining Presidential consent under s.13(1) of the Land (Conversion of Titles) Act; procedural appropriateness of summary judgment for specific performance; dismissal as frivolous and vexatious.
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17 August 1988 |
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Preventive detention may be justified where past association and failure to report suspected plotters give rise to reasonable future apprehension; habeas review is limited.
Constitutional law; habeas corpus; preventive detention under Preservation of Public Security Act; relevance of criminal-law defences in habeas corpus; Article 26 vs emergency powers; past association and failure to report as basis for future apprehension.
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11 August 1988 |
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Compensatory damages for assault/false imprisonment should include an exemplary element; interest must reflect inflation-adjusted award.
Damages — False imprisonment and assault — Compensatory award to include exemplary element where conduct is aggravated by police; inflation/devaluation to be considered in quantum and in fixing interest rate.
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10 August 1988 |
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An employer's winding-up does not ordinarily negate a deceased worker's future employability when assessing fatal-accident damages.
Damages — fatal accident claims — employer wound-up not ordinarily fatal to future employability; exceptional cases only for specialised work — multipliers for future earnings — date of award governs valuation of currency (kwacha) — interest awarded with differing pre- and post-devaluation rates.
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10 August 1988 |
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Conviction for aggravated robbery upheld; original 45-year sentence reduced to 25 years as excessive.
Criminal law – Aggravated robbery – identification evidence and corroboration – possession of proceeds – appellate review of sentence – excessive custodial term substituted.
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9 August 1988 |
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Aggravated robbery convictions quashed for lack of evidence and substituted with receiving stolen property convictions, each attracting five years' imprisonment.
Criminal law – Aggravated robbery – insufficiency of evidence to prove violence/threat – Convictions quashed – Substitution with offences of receiving stolen property (s.118 Penal Code) – Sentencing to concurrent five years' imprisonment with hard labour.
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9 August 1988 |