Results.
79 judgments found.
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| December 1991 |
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Court restrained removal of a vehicle pending trial where foreign seizure request lacked supporting evidence.
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Civil procedure — Preservation of property — Order 27, Rule 3 — Interim injunction to prevent removal of property pending trial — Foreign seizure/Interpol request insufficient without evidence of foreign proceedings or judgment.
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4 December 1991 |
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Identification by mutual recognition and corroboration by possession of stolen property upheld; judge’s silence remark found immaterial.
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Criminal law — identification evidence — reliability and mutual recognition; possession of stolen property as corroboration; adverse inference from accused’s silence; appellate review of misdirection.
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3 December 1991 |
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Proven refusal to live together and financial mismanagement can establish irretrievable breakdown; lengthy postponement of decree nisi was unjustified.
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Family law — Divorce — Decree nisi — Irretrievable breakdown — Unreasonable behaviour — Refusal to live with spouse — Financial mismanagement — Judicial discretion in postponing decree for reconciliation.
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3 December 1991 |
| November 1991 |
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A citizen’s constitutional right to travel includes a right to a passport, subject only to lawful, justified restrictions.
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Constitutional law — Freedom of movement — Right to leave and enter the country — Right to issue of passports — Executive discretion to refuse or withdraw passports subject to constitutional and statutory limits — Withdrawal not justified by mere possession of a small quantity of cannabis — No statutory authority applicable
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25 November 1991 |
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The Supreme Court refused interlocutory bail, holding it lacks jurisdiction to entertain such applications during ongoing High Court trials.
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Contempt of Court (Cap.53) — s.5 appeals in contempt — interlocutory appeals and bail — appellate jurisdiction — supervisory jurisdiction of Supreme Court — functus officio and trial judge’s power to revoke invalid committal orders.
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21 November 1991 |
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Failure to administer warn and caution rendered the police confession inadmissible, but res gestae and other evidence upheld the conviction.
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Criminal law — Confession and caution — Failure to administer warn and caution raises presumption of involuntariness; admissibility of confessions — effect of defence counsel’s in-court disclosures; hearsay — res gestae exception for statements of deceased; safety of conviction absent police confession.
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19 November 1991 |
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Failure to administer warn and caution and defence counsel’s Bar disclosure rendered the police confession inadmissible, but other evidence upheld the conviction.
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Criminal procedure — Confession — Failure to administer warn and caution raises rebuttable presumption of involuntariness; prosecution must explain. Defence counsel’s Bar statements about voluntariness may prejudice accused and breach duty of confidentiality. Res gestae and independent civilian admission admissible and can sustain conviction
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18 November 1991 |
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The appellant’s police-recorded confession improperly admitted was excluded, but conviction upheld on res gestae and civilian admission.
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Criminal law — admissibility of confessions — failure to administer warn and caution raises rebuttable presumption of involuntariness; improper reliance on defence counsel’s bar remarks — confession excluded; res gestae and civilian admission admissible and sufficient to uphold conviction.
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15 November 1991 |
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Appeal dismissed: disciplinary demotion and pay stoppage of a public servant for failing to answer parliamentary question held lawful; no damages awarded.
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Public service discipline — Parliamentary accountability — Failure to answer parliamentary question — Gross negligence of duty — Cabinet and Public Service Commission disciplinary action — Demotion and stoppage of pay — Lawfulness of sanctions and entitlement to damages.
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9 November 1991 |
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Accomplice testimony lacked adequate corroboration; conviction unsafe and quashed.
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Criminal law — Murder — Accomplice testimony — Requirement of independent corroboration — Identification and circumstantial evidence — Shoe prints — Unsafe conviction where reasonable alternative hypothesis not excluded.
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7 November 1991 |
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Whether loss of employment resulted from localisation (Zambian takeover) or from contractual termination.
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Labour law — displacement/localisation — causation — whether loss of employment resulted from a Zambian taking over the post or from valid contractual termination (payment in lieu of notice).
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1 November 1991 |
| October 1991 |
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Unsubstantiated allegations of judicial bias in court can constitute contempt; conviction upheld but sentence reduced.
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Contempt of court — Order 52 powers wider than s.116 Penal Code — Contempt in facie curiae — Unsubstantiated allegation of judicial bias as contempt — Judge may hold enquiry before whom contempt occurred — Sentencing limits and mitigation
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21 October 1991 |
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Oral contract for sale of land failed: insufficient memorandum, no part performance, no authorised agency; appeal dismissed with costs.
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3 October 1991 |
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Recent possession of stolen vehicle can corroborate weak identification and sustain aggravated robbery convictions.
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Criminal law — Aggravated robbery — Visual identification — Weak identification fortified by recent possession of stolen property as connecting link — Appellate review of findings of fact.
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1 October 1991 |
| September 1991 |
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A book-entry transfer without formal assignment and registration does not pass legal title; the applicant obtained good title.
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Property law — transfer by book-entry — requirement of formal assignment and registration under the Lands and Deeds Registry Act — book-entry alone does not pass legal title; purchaser obtaining registered title; caveat and possession; equitable considerations.
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12 September 1991 |
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Registered title obtained by innocent purchasers is indefeasible and defeats claims for possession and mesne profits absent fraud.
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Land registration — Indefeasibility of title under Lands and Deed Registry Act (ss.54, 59) — Innocent purchaser for value — Registered title protects against claims for mesne profits/unjust enrichment absent fraud or error.
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10 September 1991 |
| August 1991 |
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The appellant's challenge to identity and implication failed; daylight identification and sale of stolen goods upheld conviction.
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Criminal law — aggravated robbery — identification in broad daylight — familiarity with accused — possession/sale of stolen property as corroboration — credibility findings — appeal dismissed.
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6 August 1991 |
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Recognition in broad daylight and recovery/sale of stolen property upheld a robbery conviction; appeal dismissed.
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Criminal law — aggravated robbery — identification evidence — recognition of a known person in broad daylight — corroboration by recovery/identification of stolen property — appellate review of credibility findings.
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6 August 1991 |
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The appellant's mistaken-identity defence was rejected; identification, recovered property and pistols upheld the aggravated robbery conviction.
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Criminal law — Aggravated robbery — Identification evidence and recovery of stolen property — Mistaken identity defence — Use of firearm — Compulsory minimum sentence — Appeal dismissed.
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6 August 1991 |
| July 1991 |
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Accused who sought provocation and failed to prove diminished responsibility cannot avoid murder conviction; appeal dismissed.
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Criminal law — Provocation — accused who induces or seeks provocation cannot rely on it; Diminished responsibility — burden on defence; no substantial impairment proved; Non-retrospectivity — s.12A Penal Code (Act 3 of 1990) not retrospective; Sentence — no extenuating circumstances, death sentence affirmed
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31 July 1991 |
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A plaintiff claiming damages for breach of a restraint of trade may also obtain an injunction under Order 27 Rule 4.
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Contract law — restraint of trade — injunctions — Order 27 Rule 4 High Court Rules permits injunctions in suits restraining breach of contract even where damages are claimed; defendant's intention to breach raises a serious question to be tried; High Court jurisdiction to grant injunction affirmed.
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30 July 1991 |
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Whether justification defeats a libel claim where evidence shows title irregularities and alleged antecedent fraud.
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Defamation — defence of justification — pleader’s role and permissible variation/development of pleadings; evidentiary challenge to title transfers and antecedent fraud; assessment of damages — publication, causation and remoteness.
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26 July 1991 |
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Court allowed variation of pleading to uphold justification based on title irregularities; damages award for libel upheld.
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Defamation (libel) — justification defence — permissibility of variation/development of pleadings — challenge to title and irregularities in chain of title — causation and remoteness of damages — assessment of quantum.
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26 July 1991 |
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Appeal allowed where supporting police witnesses lacked credibility and corroboration, rendering manslaughter convictions unsafe.
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Criminal law — manslaughter; credibility of prosecution witnesses; requirement of credible evidence before corroboration; corroboration and identification of assailants in custody-related deaths; unsafe conviction.
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23 July 1991 |
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Convictions quashed where key police witnesses lacked credibility and corroboration on timing and identity.
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Criminal law — Credibility of prosecution witnesses — Corroboration — Identification — Unsafe convictions where key witnesses lack credibility and corroboration.
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23 July 1991 |
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Conviction for false pretences and unauthorized requisition upheld; 41-year custodial sentence quashed as grossly excessive and replaced with absolute discharge.
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Criminal law — Obtaining pecuniary advantage by false pretences; making a document without authority — Sufficiency of evidence to sustain convictions — Sentencing: manifestly excessive sentence, proportionality, minor monetary value and refund as mitigating factors — Substitution of sentence with absolute discharge.
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23 July 1991 |
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Court dismissed challenge to parliamentary summons and related disciplinary consequences, holding Assembly acted within its statutory powers.
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Parliamentary privileges — Power to summon witnesses — National Assembly (Powers and Privileges) Act (Cap. 17) — Sections 10, 14 and 19 — Civil servant’s duty to give evidence — Contempt — Vires review — Judicial non-interference with lawful parliamentary or employer action — Remedy against officers disrupting court proceedings.
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16 July 1991 |
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Counsel's in‑court consent to discharge an injunction binds the client absent a demonstrated mistake.
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Civil procedure — Consent orders; Counsel's authority and agency — Statement by counsel in court that matter is settled binds client where no mistake between counsel and client — Lusaka West Development Co. v Turnkey Properties Ltd.
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16 July 1991 |
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Repeal of the one‑party provision revived fundamental rights; MPs who left UNIP may remain, and existing nominated MPs continue until dissolution.
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Constitutional law — interpretation of "the Party" in transitional provision (art. 4A) — repeal of one‑party provision reviving fundamental rights — arts. 67(c) and 71(2)(b) discriminatory and ineffective — status of existing nominated MPs preserved until dissolution or revocation
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10 July 1991 |
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Following repeal of the one‑party provision, MPs who resigned UNIP may sit as independents; party‑membership conditions became discriminatory and ineffective.
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Constitutional law — interpretation of "the Party" in transitional Article 4A — effect of repeal of one‑party Article on Articles 67(c) and 71(2)(b) — discrimination and fundamental rights — status of existing nominated members after repeal of Article 64 — eligibility of independents and barred new parties before dissolution
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10 July 1991 |
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Intoxication raised reasonable doubt on murderous intent; murder conviction quashed and substituted with manslaughter and seven-year sentence.
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Criminal law — murder substituted with manslaughter — effect of intoxication on dolus — assessment of alleged witness bias (relatives of victim) — accidental discharge defence — appellate substitution of conviction and sentence.
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9 July 1991 |
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Appeal dismissed where eyewitness and ballistic evidence conclusively established the applicant's guilt; no appeal lies against mandatory death sentence.
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Criminal law — Armed aggravated robbery — Use of firearm — Ballistic evidence — Eyewitness identification — Apprehension shortly after offence — Mandatory death sentence — Appealability.
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9 July 1991 |
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Intoxication raised reasonable doubt on intent; murder conviction substituted with manslaughter and seven-year sentence.
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Criminal law — murder v. manslaughter — intoxication and mens rea — biased witnesses — res gestae — accidental discharge defence.
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9 July 1991 |
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The appellant’s conviction was quashed for factual misdirections and unresolved credibility conflicts concerning cheque transactions.
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Criminal law — Theft by public servant — Credibility assessment and burden of proof — Misdirection on facts (cheque register maintenance, supporting vouchers) — Disputed cancelled cheque counterfoil — Proviso to s.15(1) not applicable.
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7 July 1991 |
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Wrong statutory citation did not invalidate measures; declared threatened emergency derogation ousted audi alteram partem.
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Administrative law — incorrect statutory citation does not invalidate executive action if a valid enabling provision exists; natural justice — rebuttable presumption of audi alteram partem where livelihood or property affected, but article 26 derogation during declared emergency/threatened emergency can exclude prior hearing
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4 July 1991 |
| June 1991 |
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Court refused to expand statutory class of dependants; lifetime assistance does not create a posthumous entitlement.
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Succession—Inheritance (Family Provision) Act 1938—Definition of 'dependant'—High Court Act Cap.50 s.12 permits only verbal alterations, not substantive amendment—Lifetime assistance not creating posthumous entitlement—Equity (s.13) inapplicable to expand statutory classes
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26 June 1991 |
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Whether the appellant, as an employee of a statutory board, was disqualified from election under Article 65(5)(e).
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Constitutional law — Article 65(5)(e) — disqualification from parliamentary election — meaning of "prescribed" and "under an Act of Parliament" — literal construction — employees of statutory boards not automatically disqualified unless office specifically prescribed by law
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20 June 1991 |
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Whether a statute fixing a widow's intestate share applies prospectively to estates administered after its commencement.
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Intestate succession (customary law) — Statute fixing widow's share — Prospective operation of statute — Section preserving pre-existing rights (non-retrospectivity) — Procedure vs substantive rights — Remittal for hearing.
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19 June 1991 |
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The Intestate Succession Act operates prospectively; fixing a widow’s 20% share is procedural and may apply to future administration of earlier deaths.
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Succession law — Intestate Succession Act No.5 of 1989 — Prospective operation — s.48 protects administrators’ and beneficiaries’ existing rights in respect of deaths before commencement — specification of widow’s quantum is procedural, not retrospective
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18 June 1991 |
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Appellant's murder conviction reduced to manslaughter for lack of proven malice aforethought; custodial sentence imposed.
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Criminal law — murder v. manslaughter — malice aforethought — causation (blow to head) — common intention — sufficiency of eyewitness evidence — role of alleged confession.
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12 June 1991 |
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Appeal against alleged forfeiture dismissed; matter remitted for forfeiture proceedings and hearing of the appellant.
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Criminal law — Forfeiture of property — No forfeiture order made or confirmed — Right of owner to be heard before forfeiture — Remittal to subordinate court.
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11 June 1991 |
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Granting leave to amend mid-trial requires permitting supporting evidence, subject to costs and adjournment.
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Civil procedure — amendment of statement of claim at trial — re-opening plaintiff’s case to lead fresh evidence; interlocutory appeals — competent in civil matters; costs, adjournment and reciprocal amendment as safeguards.
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11 June 1991 |
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Counsel with ostensible authority who signs a consent summons binds the client; 'without prejudice' letters are generally inadmissible.
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Civil procedure — consent summons; admissibility of 'without prejudice' correspondence; ostensible authority of counsel to bind client in settlement; withdrawal only for fraud or mistake
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4 June 1991 |
| May 1991 |
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Whether a post-dated cheque constituted redemption; court limited interest to date of tender and ordered reimbursement for overpayments.
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Mortgage redemption — Tender of payment — Obligation of mortgagee to disclose correct redemption figure — Interest chargeable only up to date of valid tender — Reimbursement with interest for overpayments — Inclusion of legal costs in redemption computation questioned.
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31 May 1991 |
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Inadequate voir dire rulings rendered co-accused confessions unreliable; first appellant's murder conviction reduced to manslaughter with seven-year sentence.
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Criminal law — admissibility of confessional statements — adequacy of voir dire ruling; co-accused confessions not admissible against others; provocation as partial defence reducing murder to manslaughter; substitution of verdict and sentence.
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31 May 1991 |
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Bank lawfully refused payment per applicant's instruction; "payment stopped" not libellous; freezing personal cheques breached contract.
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Banking law — stop-payment instructions — effect on post-dated cheques; Defamation — endorsement "payment stopped" not defamatory; Contract — unlawful freezing of accounts on head-office telex amounts to breach; Damages — need to plead and prove actual loss where accounts are frozen (Gibbons distinguished).
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21 May 1991 |
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Convictions based chiefly on a single identifying witness and improperly identified firearm were quashed for failure to warn and corroborate.
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Criminal law — identification evidence — single identifying witness — trial judge must warn of dangers and seek corroboration; identification of a firearm must follow prescribed procedures; leading police to suspects or weapon insufficient alone for conviction.
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7 May 1991 |
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Appellants' aggravated robbery convictions quashed for misdirection and failure to consider exculpatory evidence.
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Criminal law — aggravated robbery — use of violence — recent possession defence — misdirection by trial judge — failure to consider cross‑examination admissions and exculpatory statements — unsafe conviction.
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7 May 1991 |
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Court accepted psychiatric evidence of insanity, excluded a challenged confession, and ordered detention at the President’s pleasure.
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Criminal procedure — Confession — voluntariness; trial-within-a-trial procedure; alleged pre-police force
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Evidence — Expert medical evidence — psychiatrist may rely on clinical observations, patient history and other doctors’ notes
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Criminal law — Defence of insanity — burden and evaluation; disposal by detention at President’s pleasure
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Witness credibility — treating potentially interested witnesses with caution
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5 May 1991 |
| April 1991 |
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Court allowed out-of-time appeal, set aside jurisdictional bar under Mutwale, granted respondent leave to defend and ordered trial.
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Landlord and tenant — Order 13 summary possession — Jurisdictional challenge where lease lacked prior state consent (Mutwale) — Leave to appeal out of time — discretion to extend time — bona fides of delay — triable issues and right to defend.
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23 April 1991 |