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Citation
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Judgment date
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| October 1990 |
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Appeal dismissed: identification and witness credibility upheld despite minor inconsistencies; conviction for aggravated robbery affirmed.
Criminal law – Aggravated robbery – Identification evidence – Witness credibility – Darkness and vegetation – Alleged inconsistencies not amounting to material contradictions – Appeal dismissed.
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25 October 1990 |
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Administrator General negligent for failing to pursue estate claim (devastavit); damages limited to loss of expectation of life (K3,500).
Damages; Negligence by Administrator General; Devastavit by delay; Limitation of actions; Administrator General's Act s.30 not available if not pleaded; Measure of damages under Law Reform (Miscellaneous Provisions) Act; Interest and costs.
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22 October 1990 |
| September 1990 |
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Interlocutory injunction restoring employment is exceptional; damages usually adequate unless irreparable injury shown.
Injunctions — interlocutory relief in wrongful-dismissal cases — adequacy of damages vs irreparable harm — reinstatement rare and requires probability of entitlement.
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26 September 1990 |
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Appeal allowed: wrongful eviction claim not barred by res judicata; matter remitted for trial and costs to follow.
Civil procedure — Res judicata — Wrongful eviction claim not barred where it was never tried; misleading pleadings may still disclose viable causes of action; remittal to trial court — Abuse of process — Re-litigation of unresolved issues not abusive.
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13 September 1990 |
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Appellate court increased damages for serious temporary injuries, accepted unchallenged taxi earnings evidence, and awarded interest.
Damages — appellate interference with quantum — standards for reversal; adequacy of general damages for non‑permanent but serious injury; proof of special damages — acceptance of unchallenged viva voce evidence where documentary proof unlikely; mitigation of loss; interest on assessed damages.
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10 September 1990 |
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Default judgment obtained under a defective writ set aside; respondent must repay amounts and bear appellant's costs.
Civil procedure — Defective writ/incorrectly entitled and served writ — Default judgment set aside — Repayment of sums paid under set-aside judgment — Leave to amend writ — Costs awarded against respondent.
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4 September 1990 |
| August 1990 |
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Recent possession or sale of stolen goods alone cannot sustain aggravated robbery; convictions substituted for receiving stolen property.
Criminal law – Aggravated robbery – Insufficient evidence where only proof is sale/possession of stolen goods – Recent possession does not alone establish participation in robbery – Substitution of conviction to receiving stolen property – Sentence imposed.
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14 August 1990 |
| July 1990 |
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Court set aside eight‑year sentence imposed under mistaken belief mandatory minimums applied; re‑sentencing required.
Criminal law — Stock theft — Sentencing — Mandatory minimum sentences (Act No.2 of 1987) not retrospective — Sentencing judge’s error — Number of animals relevant but not determinative.
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25 July 1990 |
| June 1990 |
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Conviction unsafe where key witnesses had an interest and their mutual testimony lacked independent corroboration.
Criminal law – Corroboration; witnesses with interest to serve (detention/failure to report); limitations on mutual corroboration of suspect witnesses; requirement of independent corroborative evidence.
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18 June 1990 |
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Supreme Court cannot grant bail unless an appeal to it has been properly lodged under sections 12 or 14.
Criminal procedure – Bail – Jurisdiction of the Supreme Court – Order 27 – Section 22 Supreme Court Act – Appeals under sections 12 and 14 required – Prior decisions per incuriam.
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17 June 1990 |
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Court refused late filing of answer; delay self‑inflicted, counsel’s affidavit inadequate, appeal dismissed with costs.
Civil procedure – extension of time – application to file answer out of time – need for satisfactory explanation and absence of self‑inflicted delay; admissibility and weight of affidavits sworn by counsel; public policy against reopening finalized divorce proceedings.
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15 June 1990 |
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Consent orders signed by counsel with ostensible authority cannot be withdrawn absent fraud or mistake.
Civil procedure – Consent judgments – "Without prejudice" communications generally inadmissible but exceptions where necessary; counsel's ostensible authority to conclude settlements; internal undisclosed corporate limits cannot impeach valid consent; withdrawal of consent only on vitiating grounds (fraud/mistake).
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4 June 1990 |
| May 1990 |
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Suspending a one‑year tail of a six‑year term for five years unlawful under section 16; sentence reduced and backdated.
Criminal law – Sentencing – Suspension of sentence – Section 16 Criminal Procedure Code – suspension period limit; improper suspension of small tail-end portion – sentencing credit for time in custody – inconsistency in accepting prosecution facts for conviction but rejecting them at sentencing.
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21 May 1990 |
| March 1990 |
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Dismissal for non-attendance was set aside: appropriate remedy is strike-out with restoration, matter remitted for merits consideration.
Civil procedure — non-attendance at hearing — striking out vs dismissal — restoration application — procedural fairness in handling applications for leave to appeal from deputy registrar’s summary judgment.
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2 March 1990 |
| February 1990 |
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Court reduced an excessive personal‑injury award and set K300/week guideline for pain and suffering conversion.
Damages – personal injury – near total loss of use of a limb – conversion of foreign awards to kwacha – realistic approach to exchange rate and inflation – guideline K300/week for pain and suffering – appellate reduction of excessive award.
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28 February 1990 |
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Whether published allegations of drug trafficking referred to the applicant and whether privilege or fair comment defended the respondent.
Defamation – Libel – Identification by name and particulars – Whether words capable of referring to the plaintiff; Qualified privilege – fair and accurate reporting – failure to produce trial transcript; Fair comment – failure to prove factual basis; Assessment of compensatory damages for imputations of criminality.
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27 February 1990 |
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Whether published defamatory words referred to the plaintiff and who bears the onus to prove reference in libel.
Defamation (libel) – Reference and identification – Onus on plaintiff to prove publication was of and concerning him – Qualified privilege and fair comment must be established by evidence.
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27 February 1990 |
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In high‑rise multi‑occupation, landlords owe a duty to reasonably maintain common access, not an absolute guarantee of constant service.
Landlord and tenant — implied covenant to maintain common parts in high‑rise buildings; duty to take reasonable care to repair and maintain lifts and stairs; no absolute warranty of constant availability; covenant of quiet enjoyment requires active interference to be breached; liability may rest with specialist contractors if negligent.
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18 February 1990 |
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Appeal allowed: murder conviction reduced to manslaughter where trial judge failed to address affray/self‑defence allegation.
Criminal law – murder v. manslaughter – provocation and self-defence (affray) – appellate review where trial judge omits to address material defence – doubt resolved for accused – sentencing for serious manslaughter.
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7 February 1990 |
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Convictions for fraudulent misapplication of service property quashed where materials were properly authorized and no intent to permanently deprive proved.
Criminal law — Fraudulent misapplication of service property — Sufficiency of evidence — Authorization of procurement for government house repairs — Intention to permanently deprive — DPP discontinues support — Convictions quashed.
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7 February 1990 |
| January 1990 |
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Damages for inconvenience are recoverable in breach of contract, but a periodic award for alternative transport was set aside where title failed to pass.
Contract — Sale of goods — Failure to pass good title — Remedies: refund of purchase price with interest and reimbursement of expenses; damages for inconvenience recoverable in breach of contract; periodic award for alternative transport set aside where inappropriate given total failure of consideration.
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7 January 1990 |