Results.
12 judgments found.
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| June 1993 |
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An applicant seeking an injunction over land must prima facie show eligibility for statutory exemption before restraining transfer to a non‑Zambian.
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Land law — alienation to non‑Zambians — s.13A (Conversion of Titles) — exemptions under s.13A(2) — interim injunction — requirement to show prima facie eligibility — no presumption of exemption for specific performance.
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24 June 1993 |
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An interim injunction to protect a non‑Zambian purchaser requires proof of eligibility for statutory exemption under s.13A(2).
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Injunctions — interim relief granted only on a good and arguable claim; Lands (Conversion of Titles) Act s.13A — prohibition on land transfers to non‑Zambians; necessity to plead or prove statutory exemption (e.g., investor approval); presumption of legal intent cannot substitute for proof of eligibility under s.13A(2)
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23 June 1993 |
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A default judgment will not be set aside where the defendant fails to show a bona fide triable issue.
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Civil procedure — Default judgment — Setting aside — Requirement that a bona fide triable issue be disclosed — Allegation of fraud — Delay and conduct undermining bona fides — Sufficiency of documentary evidence (acknowledgement letters, receipts) and disputed signatures
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17 June 1993 |
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Default judgment will only be set aside if a bona fide triable issue is shown; mere uncorroborated allegations of fraud are insufficient.
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Civil procedure — setting aside default judgment — triable issue required — bona fides of defendant relevant but not decisive — allegations of fraud must be supported by prima facie evidence; signature discrepancies, delayed acknowledgements and receipt format insufficient without corroboration
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14 June 1993 |
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Single-witness identification upheld as reliable; Turnbull warning unnecessary; conviction affirmed.
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Criminal law — Identification evidence — Single eyewitness identification — Turnbull warning not required unless real possibility of mistaken identity — Opportunity to observe — Alibi discredited.
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13 June 1993 |
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An employer may not invoke early-retirement Rule 3.4.3(C) without evidence of premature ageing and inability to perform duties.
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Employment law — Early retirement under collective conditions — Rule 3.4.3(C) — Employer discretion requires evidential basis of premature ageing and inability to perform duties — Protection against arbitrary termination.
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9 June 1993 |
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The appellant's challenge to a 15-year manslaughter sentence imposed during a robbery was dismissed as not excessive.
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Criminal law — Manslaughter in the course of robbery — Sentencing — Judge’s reference to aggravated robbery — Mischaracterisation of charge — Appellate review of sentence — Whether sentence excessive.
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8 June 1993 |
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Conviction upheld on possession evidence; mandatory sentence set aside and substituted with reformatory placement due to juvenile status.
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Criminal law — armed robbery — identification evidence and possession of victims’ property as proof of participation — sentencing — juvenile offender — mandatory sentence set aside in favour of rehabilitative order on welfare report.
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8 June 1993 |
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Insufficient evidence linking appellant’s firearm to the robbery reduces firearm aggravated robbery to simple aggravated robbery.
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Criminal law — Aggravated robbery — Identification of firearm — Requirement to link seized weapon to weapon used — Circumstantial evidence and corroboration — Treatment of interested witnesses — Failure to prosecute implicated third party not necessarily fatal — Sentencing: substitution where aggravated element unproven.
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8 June 1993 |
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Identification and recovery evidence upheld conviction; non‑Zambian plaintiff must show statutory exemption to obtain injunction preventing sale or parting with possession.
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Criminal law — Identification evidence — opportunity, in‑house observation and subsequent identification at police station; recovery of stolen property and leading police strengthens identification — conviction and heavy sentence upheld where thieves used police/army uniforms. Civil procedure/land law — Interim injunctions — non‑Zambian purchasers barred by s.13A Land (Conversion of Titles) Act unless eligibility for statutory exemption shown; plaintiff must establish good arguable case of exemption to restrain vendor from parting with possession
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8 June 1993 |
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The appellant’s 20-year murder sentence was reduced to 10 years due to mitigating cultural beliefs and surrender to police.
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Criminal law — murder — sentencing — excessive sentence — mitigation — cultural belief in witchcraft — surrender to police — appellate interference and substitution of sentence.
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8 June 1993 |
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Insufficient proof that the seized firearm was the robbery weapon; death sentence quashed and substituted with 25 years' imprisonment.
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Criminal law — aggravated robbery — circumstantial and corroborative evidence — identification of firearm — insufficient linkage between seized weapon and robbery weapon — commutation of death sentence to lengthy imprisonment.
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2 June 1993 |