Results.
11 judgments found.
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| August 1988 |
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Restricted publication and a late apology reduce defamation damages; 'contumelious' endorsement can plead exemplary damages.
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Defamation — restricted publication and late apology as mitigating factors for quantum; exemplary damages sufficiently pleaded by 'contumelious' endorsement; servant personally liable where plaintiff sued servant alone; appellate reduction of excessive award
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29 August 1988 |
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Accused must be charged with armed robbery for death sentence; poor ID needs corroboration; unlifted fingerprints raise rebuttable presumption.
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Criminal law — Disclosure of particulars: accused must be notified when charged with armed robbery; Identification evidence — in-court identification requires corroboration (e.g., recent possession); Fingerprints — failure to lift raises rebuttable presumption they are not the accused's; Sentencing — death sentence inappropriate where armed robbery not charged
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24 August 1988 |
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An injunction was inappropriate because the dispute was monetary and damages would adequately compensate the plaintiff.
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Civil procedure — Interim injunction — Appropriateness where dispute is monetary — Balance of convenience only relevant if harm is irreparable and damages inadequate
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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.
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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.
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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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Parties may validly contract to sell land conditionally upon obtaining Presidential consent under section 13(1).
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Land law — Presidential consent — Validity of contracts for sale of land conditional on obtaining Presidential consent (Land (Conversion of Titles) Act, s.13(1)) — Summary judgment — Dismissal as frivolous and vexatious
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17 August 1988 |
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Failure to report contacts with alleged plotters, coupled with association, can justify preventive detention under public security law.
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Constitutional law — Habeas corpus — Preventive detention under Preservation of Public Security Act — Failure to report contacts with alleged plotters — Relevance of criminal-law defences — Article 26 and judicial inquiry into reasonableness of detention
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11 August 1988 |
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Compensatory damages for assault and false imprisonment may include an exemplary element; interest adjusted for inflationary effects.
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Damages — False imprisonment and assault — Compensatory award to include an exemplary element where conduct aggravated; quantum increased for inadequacy; inflation/devaluation to be considered in setting interest
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10 August 1988 |
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Employer's winding-up does not automatically curtail a deceased employee's future earning capacity for damages assessment.
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Damages — Fatal Accidents — employer winding-up does not automatically negate future earning capacity; assessment by realistic multipliers; date of award governs kwacha valuation; interest on damages
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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.
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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.
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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 |