Results.
134 judgments found.
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| December 1993 |
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28 December 1993 |
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The appellant must surrender lobola cattle; the High Court misdirected itself by relying on irrelevant succession statutes.
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Customary law — lobola — entitlement to cattle given as lobola — whether a stepfather who raised step-children may retain lobola — obiter remarks — misdirection by reliance on intestate succession and wills statutes — appellate confirmation of local court order — costs.
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17 December 1993 |
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Court upheld award of damages in lieu of specific performance where vehicles had depreciated and damages were adequate.
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Specific performance — equitable discretion — adequacy of damages — damages in lieu of specific performance — pleading alternative remedies — interim injunction.
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13 December 1993 |
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Whether notification of State Consent and reasonable notice made time of the essence, permitting rescission and possession for non-payment.
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Contract law — written sale agreement binding on signatory; notice to complete — time of essence and reasonableness; State Consent to assign — commencement of completion period; rescission and possession for non-payment.
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13 December 1993 |
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Dismissal upheld where employee failed to prove delivery of missing company property; disciplinary process found procedurally fair.
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Employment law — wrongful dismissal — sufficiency of evidence to prove misappropriation of company property — disciplinary procedure — substitution of charge — natural justice — credibility of late exculpatory evidence.
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13 December 1993 |
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Leave for judicial review does not automatically stay implementation; Minister lawfully removed a Commissioner who served at pleasure.
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Administrative law — judicial review — interlocutory relief and stays — leave for judicial review does not automatically operate as stay where replacement already assumed office; Natural justice — dismissal from public statutory office — when audi alteram partem applies and adequacy of hearing; Statutory appointment — security of tenure and removal at pleasure; Ministerial powers under Workmen’s Compensation Act and Interpretation Act; Review grounds — ultra vires and procedural fairness.
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9 December 1993 |
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Ministerial dismissal of a commissioner serving at pleasure was lawful; stay and reinstatement unavailable after replacement assumed office.
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Administrative law — Judicial review — Statutory appointment and removal — Serving at pleasure — Natural justice — Interim relief (stay/injunction) against State action — Leave not automatic stay.
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9 December 1993 |
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A voluntary resignation defeats claims for contract completion benefits, but unpaid foreign allowance in equivalent Kwacha was recoverable; counter‑claims must be determined.
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Employment law — contract termination — voluntary resignation vs inducement; foreign (inducement) allowance — remittance approval and payment in local currency; entitlement to gratuity, leave and travel conditioned on completion of fixed‑term contract; trial court’s duty to adjudicate counter‑claims; assessment of damages for unlawful occupation and use of company property.
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9 December 1993 |
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A gratuitous licence to use public school premises is revocable and a three-month notice was held reasonable.
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Administrative law — gratuitous licence to occupy public school premises — considerations for enforceability — acts of upkeep and cleaning not sufficient consideration — revocability of gratuitous licence — reasonableness of notice to quit.
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8 December 1993 |
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Convictions quashed where confession was improperly relied upon and no admissible evidence linked the appellants to the robbery.
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Criminal law — Robbery vs aggravated robbery — admissibility and weight of warn-and-caution/confession statements; inadmissibility of one accused’s unsworn statement against co-accused; circumstantial evidence; safety of conviction.
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8 December 1993 |
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Second and third appellants’ convictions quashed for unreliable identification; first appellant’s conviction upheld on strong identification and corroboration.
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Criminal law — Aggravated robbery — proof of violence versus mere force — identification evidence and corroboration — reliability of eyewitness identification — alibi discredited — appeal against minimum statutory sentence.
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8 December 1993 |
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Whether circumstantial links to a house and recovered property suffice to sustain murder convictions and death sentences.
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Criminal law — Circumstantial evidence — Sufficiency to convict — Occupation of premises as link to crime — Recovery of victims' property and conduct as corroboration — Dates of death not fatal where postmortem shows violent death.
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8 December 1993 |
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Strong circumstantial evidence linking appellants to exhumed bodies upheld murder convictions and death sentences.
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Criminal law — circumstantial evidence — proof beyond reasonable doubt — exhumation and post-mortem evidence of strangulation — proof of occupancy and connection to recovered property — sufficiency to uphold murder convictions and mandatory death sentences.
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8 December 1993 |
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Conviction on the accused’s confession was upheld, but life imprisonment was reduced to 20 years as excessive.
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Criminal law — Murder — Conviction based on accused’s confession as sole evidence — Reliability of confession where it contains implausible assertions about an 11‑year‑old — Sentence: life imprisonment reduced to fixed term for being excessive despite extenuating circumstances.
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8 December 1993 |
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Conviction for theft by public servant upheld; recusal and denial-of-counsel complaints rejected; two-year sentence suspended for 12 months.
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Criminal law — Theft by public servant — Sufficiency of evidence — Recusal of trial magistrate due to prior common employment — Right to legal representation — Sentence suspension.
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7 December 1993 |
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Spouse's confession of adultery can constitute provocation reducing murder to manslaughter; juvenile status affects sentencing.
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Criminal law — Murder reduced to manslaughter — Provocation by spouse’s confession of adultery — Heat of passion — No requirement to find parties in act — Juvenile sentencing — 'Young person' under Juveniles Act — Custodial sentence vs approved school.
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7 December 1993 |
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Conviction upheld despite procedural failure to test confession; sentence reduced to statutory minimum of 15 years' imprisonment.
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Criminal law — aggravated robbery — corroboration of complainant's account — voluntariness of confession — mandatory trial within a trial when voluntariness contested — application of proviso to section 15(1) to uphold conviction — sentencing; reduction to statutory minimum.
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7 December 1993 |
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Summary contempt convictions upheld; duress rejected; judge’s summary use of Order 52 lawful; two months’ custody credited.
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Contempt of court — summary contempt powers and RSC Order 52 — affixing signature to affidavit alleging judicial bias — statutory defence of duress (s.16, as amended) — fairness of judge‑initiated summary proceedings — credit for time spent in custody.
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2 December 1993 |
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Court increases general damages for false imprisonment due to inflation and aggravated detention; upholds exemplary damages given sufficient notice.
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False imprisonment — assessment of general damages — inflation and aggravated detention to be reflected in awards; exemplary damages — ordinarily require specific pleading but may be upheld where defendant had adequate notice; procedural fairness in pleadings.
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2 December 1993 |
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Inflation and seriousness must inform damages; exemplary damages require specific pleading but may be awarded if defendant had notice.
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Damages — false imprisonment — assessing general damages must reflect seriousness and inflation; exemplary damages require specific pleading; post-judgment statement of claim may suffice to give notice
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1 December 1993 |
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Judge properly exercised summary contempt jurisdiction; duress defence under amended s.16 not made out; sentence reduced for time served.
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Criminal law — Contempt of court — Summary jurisdiction and R.S.C
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Order 52; Duress under amended s.16
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Penal Code — elements and immediacy; Competence and immunity of serving Head of State as witness
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1 December 1993 |
| November 1993 |
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Three months' rent-free occupation for redecoration constituted a licence surrendering the tenancy, so respondent entitled to possession.
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Landlord and tenant — licence v. tenancy — surrender by rent‑free occupation for redecoration — Landlord and Tenant (Business Premises) Act s.20 — strict construction to prevent evasion of Rent Acts — slip rule (Order 20 r.11) and finalisation of interlocutory rulings.
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25 November 1993 |
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Administrator appointed by local court may validly sell estate land; partnership not incorporated into sale did not invalidate transaction.
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Succession and estate administration — Local Court appointment of administrator — Administrator’s power to sell estate land — Re Njobvu affirmed; equitable interest and partnership claims — partnership not incorporated into contract; beneficiary interests represented by administrator; evidential credibility and misdirection considered.
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18 November 1993 |
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Court set aside an unjustified five‑year business tenancy, substituted a shorter term; held a school‑use licence was gratuitous and revocable on reasonable notice.
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Landlord and tenant law — application for new business tenancy — procedural notice requirements — s.6(6) and Rule 6(2)(b) — absence of s.11(1) grounds to oppose — appropriate term of tenancy; Property/licence — gratuitous licence to use school premises — consideration and revocability — reasonableness of notice.
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17 November 1993 |
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Identification by a known witness upheld conviction; statutory mandatory minimum sentence precluded s.27(2) alternatives.
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Criminal law — Aggravated robbery; identification by a known witness — ID parade unnecessary; credibility and appellate deference to trial judge; absence of recovered property not fatal; sentencing — mandatory minimum prevents application of s.27(2) youth-disposal discretion.
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16 November 1993 |
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Interim injunction restraining removal from chair set aside because damages were an adequate remedy.
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Co‑operative Societies Act — dismissal of officer — power of Board v. dismissal by general meeting/Registrar (Sections 122, 162) — interim injunction — adequacy of damages as alternative remedy — interlocutory relief set aside.
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9 November 1993 |
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Appeal dismissed: alleged forgery/fraud unproven; sale contract valid and specific performance granted.
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Contract of sale — validity of subsequent contract — alleged forgery and fraud — non-performance does not automatically rescind contract; rescission requires notice — specific performance appropriate where buyer pays off mortgagee and evidence supports agreement.
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4 November 1993 |
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Appeal dismissed: defendant failed to prove forgery; contract valid, revived by mortgage discharge; specific performance appropriate.
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Contract of sale of land — validity and proof of signature — allegations of forgery and fraud — credibility of witness — revival of contract by performance (payment of mortgage) — rescission requirement — specific performance.
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4 November 1993 |
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Whether part performance can validate an oral sale of land and whether informal withdrawal of counsel warrants setting aside an ex parte judgment and retrial.
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Property law — Statute of Frauds s.4 — lease with option to buy — part performance by payment of deposit and acts — exception to requirement of written memorandum; Equitable relief — discretion to order specific performance — effect of delay and vendor's repossession; Civil procedure — withdrawal of counsel — requirement for formal leave — ex parte judgments and setting aside under Order 35 — retrial where litigant abandoned by counsel.
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4 November 1993 |
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Appellant’s self-defence and alibi rejected; confession and evidence upheld murder conviction and death sentence.
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Criminal law — murder — self-defence — unlawful presence of poachers — defence of lawful officers; alibi as afterthought; warned and cautioned statement and confessions as strong evidence; delay in arrest or omission to call witnesses not necessarily fatal.
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2 November 1993 |
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Second appellant’s conviction quashed for mere presence; first appellant’s conviction upheld on reliable identification and consistent evidence.
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Criminal law — Robbery — Identification at scene — Distinction between presence and participation — Weight of inconsistencies and uncalled witnesses — Appeal standard on credibility findings.
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2 November 1993 |
| October 1993 |
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Appellate court can reassess general damages where trial judge erred; modest future earning-loss awards possible without prior employment evidence.
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Damages assessment — appellate reassessment where trial judge applied wrong principle; awards for future loss of earning capacity without prior employment evidence; calculation of general damages for ongoing pain and future operations; interest on general damages runs from writ issue; interest on damages must be simple
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21 October 1993 |
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Single-witness identification by a well-known complainant can be safe despite non-production of the weapon; sentence reduced on appeal.
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Criminal law — single-witness identification where witness and accused are well known — non-production of weapon — admissibility of similar-conduct evidence to show motive — sentencing review and substitution.
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19 October 1993 |
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Appellate increase of sentence was excessive after ignoring mitigating factors; original five-year term restored.
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Criminal law — Stock theft — Sentence on appeal — Appellate court must balance aggravating and mitigating factors; first-offender status, guilty plea and recovery of property are significant mitigatory considerations — unjustified increase set aside.
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5 October 1993 |
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Murder conviction quashed where trial judge misdirected on key exhibit and conviction deemed unsafe.
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Criminal law — Murder — Circumstantial evidence and possession of blood-stained items — Misdirection regarding material exhibit (national registration card) — Unsafe conviction — Appeal allowed; conviction quashed; sentence set aside; acquittal entered.
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5 October 1993 |
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Appeal against sentence dismissed where the trial judge imposed the statutory minimum ten-year term for the offence.
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Criminal law — aggravated assault with intent to steal — statutory minimum sentence — appeal against sentence — mitigating factors — first offender status.
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5 October 1993 |
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An appellate increase of sentence was excessive where appellants were first offenders, pleaded guilty and the stolen property was recovered.
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Criminal law — Sentencing — Appeal against sentence — Enhancement by appellate court — Need to weigh mitigating factors (first offender status, guilty plea, recovery of property) — Excessive/ 'shocking' sentence set aside.
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5 October 1993 |
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Conviction for theft overturned where prosecution failed to prove the requisite intention to steal.
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Criminal law — Theft by public servant — Requirement of mens rea (animus furandi) — Actus reus alone insufficient — Conviction unsafe where prosecution fails to rebut consistent innocent explanation.
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3 October 1993 |
| September 1993 |
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A court may not extend a stay to constituencies or persons who are not parties to the proceedings without proper application.
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Parliamentary representation — Stay of by-elections — Scope of interlocutory relief — Jurisdiction to bind non-parties — Orders too general or vague — Costs in constitutional/interlocutory appeals.
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23 September 1993 |
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A litigant cannot succeed on a materially different case from that pleaded; a valid resignation terminate employment if acted upon by the employer.
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Employment law — resignation — validity of resignation — pleading vs. evidence — radical departure from pleaded case — duress alleged but not pleaded — withdrawal of resignation — damages measured by notice period.
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14 September 1993 |
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Written agreement amounted to a sale but was unenforceable for non‑registration; purchaser acquired equitable interest and may apply to register out of time.
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Conveyancing — Written agreement construed as sale where full purchase price paid and possession taken — Interest in land requires registration under Lands and Deeds Registry Act s.4(1), s.5(2)(a) — Failure to register within statutory period renders document void and unenforceable (s.6) — Payment and possession may confer equitable interest — Corporate personality and factual unity; party properly sued where company operated as personal concern.
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9 September 1993 |
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Public identification and immediate apprehension upheld; concurrent 18-year sentences for repeated armed bicycle robberies confirmed.
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Criminal law — Identification evidence — Public identification and immediate apprehension — Sufficiency of identification to convict; Rejection of defence after holistic assessment; Sentencing for repeated armed robberies — concurrent 18 years upheld.
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9 September 1993 |
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Assessment and judgment obtained in defendant’s absence without proof of notice must be set aside and reheard under Order 35.
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Civil procedure — High Court Rules Order 35 (non-attendance) — Order 39 (review) — absence of defendant — proof of service of notice of trial — setting aside judgment obtained in absence — remittal for fresh assessment.
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9 September 1993 |
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Claimant lacking title to disputed market; misdescription found and eviction claim dismissed.
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Land law — possession proceedings under Order 113 (originating summons) — requirement to prove interest in land — misdescription/mistake in title/plan — rectification under Lands and Deeds Registry Act — court need not decide licence/consent where claimant lacks title.
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8 September 1993 |
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Out-of-time application for new business tenancy barred by mandatory statutory period; leave must be sought and justified.
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Landlord and Tenant (Business Premises) Act Cap 440 — s.10(3) mandatory timing for new-tenancy applications — s.10(4) discretion to permit out-of-time application only on tenant’s application showing sufficient reasons — court cannot infer leave from conduct — advocate’s error or good tenancy not sufficient.
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8 September 1993 |
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The appellants' challenge to conviction and 15-year mandatory sentence dismissed; identification and possession evidence upheld.
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Criminal law — aggravated robbery — identification at police station — immediate possession of stolen property — credibility findings — mandatory minimum sentence — appeal dismissed.
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7 September 1993 |
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Circumstantial evidence upheld for murder; drunkenness aggravates sentence; pleaded defence raised triable issues so trial must proceed.
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Criminal law — Circumstantial evidence — Sufficiency of last-seen evidence and absence of explanation to sustain murder conviction; Sentencing — Drunkenness not mitigating but aggravating; Civil procedure — Pleadings — Whether defence discloses triable issues — striking out application resisted.
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7 September 1993 |
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The appellant's accidental-discharge defence rejected where medical and eyewitness evidence showed fatal gunshots to the deceased's back.
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Criminal law — murder — defence of accidental discharge — credibility of eyewitness — postmortem evidence showing gunshot wounds to the back — appeal dismissed.
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7 September 1993 |
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Defence raising disputed ownership and unresolved subordinate-court matters constituted triable issues; appeal dismissed.
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Civil procedure — striking out pleadings — failure to disclose triable issues — sufficiency of pleaded matters (disputed ownership and unresolved subordinate-court findings) — appellate review of Registrar's striking out order.
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2 September 1993 |
| August 1993 |
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An unwritten option to purchase cannot create an enforceable interest supporting a caveat under section 76.
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Lands Deeds Registry Act s76 — caveat — option to purchase — enforceable interest in land — Statute of Frauds writing requirement — audi alteram partem — Registrar’s procedure — illegitimacy of caveat based on unwritten option.
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31 August 1993 |