Results.
6 judgments found.
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| June 1997 |
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Court refused order for DNA/blood tests: English Family Law Reform Act 1969 cannot be used to compel a non-party in a presidential petition.
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Constitutional election petition — parentage in issue — Family Law Reform Act 1969 (procedural) — applicability in Zambia where domestic law is silent — statutory machinery limited to parties — no power to direct tests of non-party witness — common law cannot physically compel adult testing.
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24 June 1997 |
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Whether employer conduct and part payments bound it to an extra-contractual termination package despite a written contract.
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Employment law — Termination — Extra-contractual severance agreements — Acceptance by conduct and silence; Evidence and credibility — appellate interference; Interest — pre-judgment interest period and rates; Currency components — Kwacha (average short-term bank deposit rate) and USD (7%).
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3 June 1997 |
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Court allowed appeal: adult employed daughter was not a statutory "dependant"; High Court's variation and non‑joined orders set aside.
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Wills and Administration of Testate Estates Act — s.20(1) variation of will — statutory "dependant" and "child" definitions — joinder of parties — limits on court altering testamentary dispositions — improper appointment of additional administrator.
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3 June 1997 |
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Industrial Relations Court's broad jurisdiction permits merits-based unfair dismissal findings; mitigation guides compensation awards.
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Industrial Relations Court — wide jurisdiction under s.85 — not bound by pleading technicalities — may probe reasons for dismissal; appellate review limited to points of law; mitigation and Mubanga principle guide compensation for unfair dismissal
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2 June 1997 |
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Court held will-variation power limited to statutory dependants; orders for non-parties and extra administrator set aside.
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Probate — Variation of wills — s.20 Wills and Administration of Testate Estates Act 1989 — definition of "dependant" and "child" — joinder of parties — limits on court's power to rewrite a will — appointment of additional administrator
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2 June 1997 |
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Bank approval of a higher allowance does not estop an employer from denying an unauthorized pay increase.
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Practice — Estoppel; Employment contracts — authority to fix terms; Third-party (central bank) approval not creating contractual entitlement; Bank application not an offer to employee
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2 June 1997 |