Results.
9 judgments found.
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| November 1995 |
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Reinstatement is discretionary; wrongful dismissal after attending a union meeting warranted damages and terminal benefits, not reinstatement.
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Employment law — Wrongful dismissal; attendance at union meetings; res judicata; discrimination under section 108; discretionary nature of reinstatement versus damages
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30 November 1995 |
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Whether secondary school teachers may form a separate union under s.9(8)(c) despite an existing teachers’ union.
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Labour law — Trade-union registration — s.9(8)(c) Industrial and Labour Relations Act — constitutionality under Art.21(2)(d) — specific category exception — adequacy of representation — purposive construction to avoid proliferation of unions
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29 November 1995 |
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Unreliable single‑witness identification and absence of fingerprint evidence created reasonable doubt; conviction quashed.
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Criminal law — Murder — Cause of death: expert opinion as guide only; Single-witness identification — need for corroboration and warning; Police dereliction — failure to lift fingerprints creates presumption; Credibility — untruth on important matter undermines witness; Prosecution duty to call witnesses limited
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29 November 1995 |
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Agent entitled to full contractual damages for wrongful termination; successor agent not liable absent evidence of responsibility.
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Agency law — wrongful termination of agency by defective notice — liability of successor agent — quantum of damages — assessment by Deputy Registrar unnecessary — interest from writ date at average short-term bank deposit rate
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29 November 1995 |
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Interlocutory injunction pending arbitration ends with the award; extension to challenge award requires sufficient cause.
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Contract — arbitration clause — interlocutory injunction pending arbitration — continuation of injunction after arbitrator's award — Order 45 Rule 13 (time to apply to set aside award) directory not mandatory — court discretion to extend time — insufficiency of reasons for delay
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19 November 1995 |
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The appellant bank’s registered mortgage was valid; fraud not proved and the purchaser’s title is subject to the bank’s mortgage.
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Property law — writ of elegit — registration requirements; Priority of interests — registered mortgage versus unregistered writ; Proof of fraud — high burden; Sheriff’s sale — notice to interested parties and effect on title.
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9 November 1995 |
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Statutory sale under the Conveyancing Act on unpaid interest requires no notice; sale by tender valid and mortgage is extinguished.
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Conveyancing — Power of sale (Conveyancing Act ss.19, 20) — s.20(1)(ii) (interest in arrears two months) removes need for s.20(1)(i) notice — Sale by tender valid — Statutory sale extinguishes mortgage — Pleading obligations — Security for costs procedure
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8 November 1995 |
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Bank must indemnify appellant for sums unrecoverable from foreign principal after wrongfully paying out funds despite suspension instruction.
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Bank liability for wrongful payment — breach of instruction to suspend payment — nominal damages inadequate where claimant has a related successful claim against foreign principal — indemnity limited to Kwacha equivalent of $44,217.25 plus interest — entitlement to set-off
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2 November 1995 |
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Applicant challenged government’s choice to enact the constitution via Parliament; court found no justiciable illegality or irrationality, dismissing the appeal.
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Constitutional law — judicial review of executive action under the Inquiries Act; availability of certiorari and mandamus against the President and Cabinet; grounds of review — illegality, irrationality (Wednesbury), procedural impropriety; leave to apply for judicial review; standing and promptness.
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1 November 1995 |