Results.
50 judgments found.
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| December 1996 |
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A purchaser with constructive notice is bound by a prior purchaser's equitable interest despite a statutory certificate.
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Property law — Purchase of land — Equitable interest under prior contract — Constructive notice binds subsequent purchaser — Housing (Statutory Improvement Areas) Act (Cap.441) s.8 does not protect a purchaser with notice — Registration not required for effectiveness of prior contract in Improvement Areas
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31 December 1996 |
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An application to the central bank for a higher allowance is not an offer and does not estop the employer from denying an unapproved increase.
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Practice — Estoppel; Employment law — expatriate inducement allowance; Application to central bank not an offer; Authority to fix terms; Whether employer bound by local director's bank application
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31 December 1996 |
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Employee wrongly dismissed after disciplinary procedures were not followed; reinstatement is an exceptional remedy.
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Employment law — Master and servant — Wrongful dismissal — Failure to follow disciplinary code and procedural fairness — Denial of evidence (security fuel book) — Reinstatement as exceptional remedy
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9 December 1996 |
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Prior permit requirement for public assemblies held an unconstitutional prior restraint on freedom of assembly and expression.
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Constitutional law — Public Order Act s.5(4) — prior permit for assemblies — unlawful prior restraint — unguided discretionary power — lack of standards and safeguards — not reasonably justifiable in a democratic society — prosecutions based on invalid provision invalid — regulatory directions permissible; exemption issue otiose
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9 December 1996 |
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Identification evidence, corroborated by a recovered dust coat, upheld the aggravated robbery conviction; appeal dismissed.
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Criminal law — Aggravated robbery — Identification evidence — Application of R v Turnbull — Amendment to particulars — Whether descriptive amendment prejudicial — Corroboration by possession of described clothing — Adequacy of police investigation
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4 December 1996 |
| November 1996 |
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Bank approval of a higher allowance and a local director’s actions did not estop the employer or create entitlement beyond the agreed US$750 per month.
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Practice — Estoppel; Employment contract — Agency and authority to fix terms; Application to Central Bank for foreign exchange approval not an offer to employee; Bank approval not conclusive of contractual entitlement
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30 November 1996 |
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Pre-election challenges to presidential nominations are premature where statute prescribes post-swearing referral; Section 9(3) is procedural.
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Constitutional law — Article 41(2) (nominations vs election validity) — Electoral Act s.9(3) — procedural time limits for electoral petitions — ultra vires challenge rejected.
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14 November 1996 |
| October 1996 |
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An unopposed civil appeal was allowed, the lower court’s decision set aside, and no order as to costs.
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Civil appeal — unopposed appeal — appellate allowance — setting aside lower court decision — no order as to costs.
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3 October 1996 |
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Appellate court reduced first appellant's conviction to receiving stolen property and acquitted second appellant due to weak evidence.
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Criminal law — Aggravated robbery — Identification and possession evidence — Misdirection by trial judge on peripheral linkage (fuel evidence) — Substitution of conviction to receiving stolen property — Acquittal where evidence is weak.
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1 October 1996 |
| September 1996 |
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Court clarified "social status" discrimination scope, required claimant onus, and ordered retrial where lower court refused to adjudicate merits.
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Labour law — Dismissal — Discrimination — Meaning and scope of "social status" — Statutory construction of section 108 — Onus on claimant to show reasonable cause — Not all unfair treatment equals social-status discrimination — Retrial ordered where merits not adjudicated
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29 September 1996 |
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Industrial Relations Court may investigate reasons for dismissal and grant damages under its general jurisdiction; reinstatement is not automatic.
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Labour law — Industrial Relations Court jurisdiction — Section 85 — wrongful/unjust dismissal — ability to investigate reasons for termination — discrimination (social status) — remedies: compensation, reinstatement not automatic — substantial justice
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29 September 1996 |
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Retrial improper where evidence was inadequate and investigation concerned a leakage, not an offence under the Act.
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Criminal procedure — Retrial — When to order — Improper to order retrial where prosecution evidence inadequate; Statutory compulsion to disclose information v. privilege against self-incrimination; Requirement that information be reasonably required in investigation of an offence under the Act; Warn-and-caution considerations
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9 September 1996 |
| August 1996 |
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Aggravated robbery conviction quashed for lack of proof; substituted conviction for receiving stolen property with six-year sentence imposed.
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Criminal law — Evidence — Identification and proof of robbery; Possession of stolen property — Appropriate conviction of receiving where robbery not established; Appeal — Substitution of conviction and sentence by appellate court.
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6 August 1996 |
| July 1996 |
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Whether alleged involuntary police statements (including forced signatures) require a trial-within-a-trial and if convictions can still stand.
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Criminal procedure — Statements by accused — Voluntariness — Trial-within-a-trial required where voluntariness or forced signature is alleged — Allegation of no statement raises credibility — Proviso applied to uphold convictions
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8 July 1996 |
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A judge may not convert an interim consent order into a final judgment and thereby deny parties a substantive adjudication.
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Court duty to adjudicate — Interim consent order — Conversion of interim arrangements into final judgment — Denial of justice — High Court Act s.9(2), s.13 — Right to fair hearing within reasonable time (Constitution)
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4 July 1996 |
| June 1996 |
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A Supreme Court will not rescind its consent order remitting a matter for retrial absent mistake of law or fraud.
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Civil procedure — Order for retrial by consent — Review of court’s own decisions — Jurisdiction to revisit judgments limited to mistake of law or fraud — Inherent jurisdiction not demonstrated.
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10 June 1996 |
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The court confirmed conviction for aggravated robbery, finding the appellant's warn-and-caution statement voluntary and admissible.
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Criminal law — Admissibility of confession — Warn-and-caution statement — Voluntariness assessed in trial within a trial — Allegations of police beating and starvation — Confession can sustain conviction if found voluntary.
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6 June 1996 |
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Court upheld conviction because the warn-and-caution statement was voluntary and admissible despite limited forensic evidence.
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Criminal law — Admissibility of confessions — Warn-and-caution statement — Voluntariness and trial-within-a-trial
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Criminal procedure — Reliance on confession as sole or decisive evidence
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Forensic evidence — Blood grouping and fingerprints; inconclusive or unpursued forensic issues do not necessarily undermine admissible confession
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6 June 1996 |
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Conviction for aggravated robbery upheld; sentence increased from 15 to 20 years due to aggravating circumstances.
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Criminal law — Aggravated robbery — Possession of recently stolen property as evidence of guilt — Identification and continuous observation in low light — Sentencing: appellate increase of statutory minimum where circumstances warrant (gang offence; elderly victim).
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5 June 1996 |
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Technical breach for issuing redundancy notices before redeployment attempts; damages limited to contractual notice entitlements.
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Employment law — redundancy agreement — obligation to endeavour to find alternative employment before declaring redundancies — technical breach where no alternatives exist — measure of damages for breach of redundancy agreement measured by contractual notice/pay in lieu, not a year’s salary — age discrimination claim dismissed.
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4 June 1996 |
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Consecutive sentences for separate receiving offences committed months apart were appropriate; ten-year effective sentence not excessive.
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Criminal law — Sentencing — Concurrent versus consecutive sentences — Separate offences vs course of conduct — Preferable to try related matters together but distinct incidents may be sentenced separately — Receiving stolen property — Condign sentence.
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4 June 1996 |
| May 1996 |
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Appellant failed to prove dismissal was discrimination based on social status; evidence supported dismissal for facilitating fraudulent traveller's cheques.
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Employment law — unfair dismissal — discrimination based on social status — burden of proof on complainant — comparators and causal link — procedural fairness — dismissal for facilitating issuance of travellers cheques without required approval.
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31 May 1996 |
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31 May 1996 |
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Bank liable for converting sale proceeds after agreeing to retain dollars; prior Bank of Zambia approval was not legally required.
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22 May 1996 |
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The slip rule corrects clerical errors only and cannot be used to reopen or set aside a final judgment.
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Practice — Correction of judgments — Slip rule (order 20 / rule 78) — Clerical errors only — Not a vehicle to review or set aside final judgments — Finality of appeals — Remedy for fraud by action to set aside.
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22 May 1996 |
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Court reduces respondents' discrimination compensation to twelve months' salary and fixes deemed retirement as 2 December 1991.
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Employment law — Discrimination on political grounds — Early retirement deemed date — Quantum of damages for wrongful discrimination — Interest at average bank deposit rate — Damages non-taxable — No deduction of salary in lieu of notice.
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22 May 1996 |
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Evidence did not establish malice aforethought; murder conviction substituted for manslaughter with a six-year sentence.
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Criminal law — Murder v. manslaughter — Requirement of malice aforethought — Substitution of conviction — Sentence reduction to imprisonment for manslaughter.
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21 May 1996 |
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A court may stay execution of a tax warrant pending resolution where judicial protection against injury is necessary.
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Tax law — Warrant of distress under Income Tax Act — Assessed tax payable despite objection — Court's inherent jurisdiction/judicial review — Stay of execution pending determination where objection undecided.
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14 May 1996 |
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14 May 1996 |
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Appeal dismissed: conviction upheld where accused was seen selling stolen property and his explanation was rejected.
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Criminal law — Aggravated robbery; corroboration of accomplice/escapee evidence; possession and sale of stolen property as admissible circumstantial proof; recovery and discovery supporting conviction.
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7 May 1996 |
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Murder conviction upheld; death sentence commuted to 15 years' imprisonment due to mutual affray and appellant's youth.
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Criminal law — Murder — self-defence; voluntary mutual combat; provocation and drunkenness as defences; sentencing — extenuating circumstances warranting commutation of death sentence to fixed term imprisonment.
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7 May 1996 |
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Appellant’s conviction for murder upheld; sentence reduced to 10 years due to extenuating drunken circumstances.
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Evidence — Credibility assessment; distinction between adverse finding on credit and resolving conflicting versions; self-defence; sentencing — extenuating circumstances (drunkenness) reducing moral culpability
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7 May 1996 |
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Convictions quashed for lack of sufficient evidence linking appellant to drugs; analyst report held admissible.
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Narcotic Drugs Act — trafficking v. possession — charging both offences; evidential sufficiency and safe conviction; admissibility of analyst report under s.192(1) C.P.C.; vehicle forfeiture.
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7 May 1996 |
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Conviction upheld where appellant was found selling stolen property and his explanation was rejected.
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Criminal law — aggravated robbery — accused found selling stolen property — accomplice/escapee information as lead — corroboration not required where possession, eyewitness evidence and recovery of property support conviction.
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7 May 1996 |
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The court upheld the trial credibility finding against the applicant and reduced sentence due to intoxication as extenuation.
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Evidence — witness credibility — distinction between adverse finding on credit and resolving conflicting versions; Criminal law — murder — causation in melee; Self-defence — not established where accused’s account disbelieved; Sentencing — intoxication and drunken circumstances as extenuating factors
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6 May 1996 |
| April 1996 |
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Aggravated robbery conviction set aside and substituted with receiving stolen property where information defective and evidence insufficient.
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Criminal law — Aggravated robbery — Sufficiency of evidence; Defective information — failure to allege joint action or that accused was armed; Substitution of conviction — receiving stolen property (s.318(1)); Sentence substitution.
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17 April 1996 |
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Appellant's aggravated robbery conviction upheld: possession of knife and recovered goods supported conviction despite bias complaint.
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Criminal law — Aggravated robbery — Identification and credibility — Possession of weapon and recovered stolen goods as corroboration — Requirement to call all witnesses — Appellate review of alleged judicial bias.
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16 April 1996 |
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Section 69 criminalising defamation of the President upheld as constitutionally permissible and non‑discriminatory.
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Constitutional law — freedom of expression — criminal defamation of the Head of State (s.69 Penal Code) — Article 20(3) exceptions (public order) — "law", vagueness and overbreadth — proportionality and democratic‑society test — Article 23 discrimination (exhaustive grounds) — burden of proof on State.
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11 April 1996 |
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Whether criminalising defamation of the President violates freedom of expression or discrimination protections.
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Criminal defamation of Head of State; freedom of expression (Art.20) and permitted limitations; legal certainty of "law" requirement; proportionality and public order; non‑discrimination (Art.23) and presidential status
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10 April 1996 |
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Fair-comment defence upheld where a newspaper published balanced reader opinions based on prior reports, absent evidence of malice.
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Defamation — Libel — Defence of fair comment — Publication of readers' opinions — Basis in prior press reports — Burden of proof on defendant — Malice required to defeat fair comment — Failure to verify not per se malice — Admissibility of prior articles to show source of public opinion.
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4 April 1996 |
| March 1996 |
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Payment in lieu of notice lawfully terminates a fixed-term employment; damages limited to reasonable notice (six months on these facts).
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Employment law — fixed-term contract — termination by payment in lieu of notice — reasonable notice as measure of damages in absence of express clause — discrimination under s108 requires proof of statutory grounds — industrial relations court may consider other pleaded grounds.
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15 March 1996 |
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Applicant's claim of lawful use of force and accidental discharge rejected; conviction and death sentence upheld.
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Criminal law — Murder — Use of force in effecting arrest (Police Act s24(1)(c)) — Defence of accidental discharge — Credibility of eyewitnesses — Postmortem wound consistency — Sentencing — extinuating circumstances.
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5 March 1996 |
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Whether employer was estopped from denying an unauthorised increase in an expatriate's inducement allowance.
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Agency and authority — whether local director could bind employer to increased expatriate inducement allowance; estoppel — requirements and limits; evidential assessment of oral and documentary proof; Bank approval not dispositive.
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5 March 1996 |
| February 1996 |
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Circumstantial evidence, including a child witness and flight, supported the applicant’s conviction; appeal against conviction and sentence dismissed.
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Criminal law — Murder — Circumstantial evidence — Child witness admissibility and corroboration — Adequacy of voir dire — Flight as indicium of guilt — Leading police to body — Mutual accusations (Mpofu) — Mandatory capital sentence
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19 February 1996 |
| January 1996 |
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29 January 1996 |
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An election may be void under section 18(2)(a) for corrupt practices affecting the result, regardless of candidate’s personal involvement.
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Electoral law — Section 18(2) — Grounds for voiding election — Paragraphs (a) and (c) are independent — Nullification for corrupt/illegal practices or intimidation affecting voters’ choice — Candidate culpability under paragraph (c).
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24 January 1996 |
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An election may be void under s 18(2)(a) for wrongdoing that affected the result even if the candidate was not personally involved.
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Electoral law — s 18(2) Electoral Act — independence of grounds — para (a) voids election where corrupt or illegal practices affected result irrespective of candidate's personal involvement — para (c) addresses candidate/agent knowledge, consent or approval.
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24 January 1996 |
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An election may be nullified under s.18(2)(a) for large-scale misconduct affecting voters even without the candidate’s personal involvement.
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Electoral law — s.18(2) Electoral Act — paragraphs (a) and (c) independent — proof of large-scale corrupt or illegal practices by others (without candidate’s knowledge) can void election under (a)
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23 January 1996 |
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Whether section 5(4) of the Public Order Act unlawfully restricts constitutional freedom of assembly.
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Constitutional law — freedom of assembly and association — reasonable limits and ‘‘reasonably required’’ test; Public Order Act s.5(4) — validity and necessity to enable police regulation; burden on challenger to prove unconstitutionality; persuasive but non‑binding role of foreign authorities in interpretation.
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10 January 1996 |
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Appeals dismissed where identification, recovery of stolen property and recent possession supported aggravated robbery convictions.
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Criminal law — Aggravated robbery — Identification and recovery of stolen property — Recent possession — Admissibility of statements made in presence of accused — Sufficiency of circumstantial evidence on appeal.
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10 January 1996 |