Supreme Court of Zambia - 1996 December

5 judgments
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Results. 5 judgments found.

5 judgments
December 1996
A purchaser with constructive notice is bound by a prior purchaser's equitable interest despite a statutory certificate.
  • 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
31 December 1996
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.
  • 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
31 December 1996
Employee wrongly dismissed after disciplinary procedures were not followed; reinstatement is an exceptional remedy.
  • 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
9 December 1996
Prior permit requirement for public assemblies held an unconstitutional prior restraint on freedom of assembly and expression.
  • 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
9 December 1996
Identification evidence, corroborated by a recovered dust coat, upheld the aggravated robbery conviction; appeal dismissed.
  • 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
4 December 1996