Results.
10 judgments found.
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| September 1988 |
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Extension of time for probate registration; assessment and reduction of damages for pain and suffering post-kwacha devaluation.
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Lands and Deeds Registry Act s5(3), s6 — extension of time for registration of probate; first proviso confers jurisdiction to extend time; second proviso limits voidness to land. Civil damages — personal injury; quantum for pain and suffering; effect of currency devaluation on assessment of general damages; reduction of excessive award
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29 September 1988 |
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Whether factor "C" in the statutory pension formula is computed as the actual excess of emoluments over K1,300, subject to a ceiling.
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Pensions/statutory compensation — interpretation of statutory formula — meaning of factor "C" in section 53(3) — factor "C" is actual annual excess of emoluments over K1,300, subject to K3,040 ceiling.
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29 September 1988 |
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A State Advocate's alleged opposition to detention does not constitute fresh evidence for habeas corpus; appeal dismissed.
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Habeas corpus — fresh evidence — allegation that State Advocate opposed continued detention — whether sufficient to reopen decided petition; State Advocate not detaining authority; remedy is representation to detaining authority.
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21 September 1988 |
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A no-case finding on the principal charge does not preclude conviction for a lesser offence if the evidence supports it.
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Criminal law — no-case-to-answer (s291(2)) — conviction on lesser offence (s181(2)) — timing of operation of s181(2) — permissibility of convicting on lesser offence without calling accused to answer — contusions insufficient for grievous harm.
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13 September 1988 |
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Appeal allowed where sole eyewitness’s informed identification and alleged admission were unreliable, making the conviction unsafe.
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Criminal law — aggravated robbery — identification evidence — witness reliability — trial judge misdirection — alleged admission to complainant — unsafe conviction.
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13 September 1988 |
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Where rent is payable in advance, unpaid rent is immediately in arrears; a deposit is not prepayment and eviction was lawful.
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Landlord and tenant — Rent payable in advance — Meaning of "in arrears" under s.32A of Rent (Amendment) Act — Deposit not a pre‑payment of rent — Right of distress and replevin — Statutory eviction powers
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5 September 1988 |
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An apex trade union body cannot suspend an affiliate’s executive unless its rules expressly or necessarily imply such disciplinary power.
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Trade union law — Powers of apex body over affiliates — Disciplinary powers (suspension/expulsion) must be expressly provided in constitution or necessarily implied — Mandatory affiliation does not alone confer such powers — Broad object clauses insufficient to create disciplinary authority
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5 September 1988 |
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State contractors’ failure to consult under statutory procedure rendered entry trespass; punitive damages set aside, additional compensatory damages awarded.
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Property law — Trespass to land arising from state contractors taking gravel — Roads and Road Traffic Act s40 consultation requirement — Measure of damages for land damage (diminution in value vs cost of restoration) — Punitive damages must be specially pleaded; not available for bona fide public works improperly carried out.
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3 September 1988 |
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Uncorroborated but unchallenged oral evidence may establish value of lost goods; inconvenience damages not generally recoverable in detinue.
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Detinue — wrongful detention of goods — assessment of damages — reliance on uncorroborated oral evidence for value where no other evidence available; special damages — desirability of documentary/independent proof for expenses but unchallenged lay evidence may be accepted; damages for inconvenience — not generally recoverable in detinue unless the tort itself directly causes the inconvenience.
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1 September 1988 |
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Consent judgments are confined to pleaded claims; affidavits for assessment cannot introduce new unpleaded heads of damages.
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Civil procedure — Consent judgment — Scope limited to pleaded claim — Assessment of damages — Supporting affidavit cannot introduce new heads of claim — Registrar erred in awarding unpleaded damages; agreed items at assessment may be allowed.
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1 September 1988 |