Results.
5 judgments found.
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| July 1997 |
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Court may order blood/DNA tests to determine paternity relevant to presidential qualification, applying English law where Zambian law is silent.
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Constitutional law — presidential eligibility — parentage; Applicability of English law via High Court Act s.10 in default of local law; Family Law Reform Act 1969 (s.20, s.21) and Order 112 — power to direct blood/DNA tests; consent is for giving effect to direction, not a precondition; power to join non‑party for testing.
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23 July 1997 |
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Whether the appellant was a juvenile at the time of the murder affecting confirmation of the death sentence.
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Criminal law — Murder (s.200 Penal Code) — Death penalty — Juvenile status and age assessment by medical report — Killing in course of felony — Absence of extenuating circumstances.
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15 July 1997 |
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An employer’s unilateral reduction of a basic employment term without consent terminates the contract and entitles the employee to redundancy benefits.
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Employment law — Unilateral variation of basic terms — Effect of employer reducing salary without employee consent — termination and redundancy entitlement; Calculation of terminal benefits on pre-variation terms; Company car sale under conditions of service; BP Africa bonus payable pro rata.
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14 July 1997 |
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Failure to follow disciplinary code and to produce evidence rendered the dismissal wrongful; reinstatement is an exceptional remedy.
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Employment law — wrongful dismissal — procedural fairness — failure to follow disciplinary code — denial/ non‑production of evidence (security fuel book) — reinstatement as exceptional remedy
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13 July 1997 |
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Appeal dismissed: no evidence of discriminatory downgrading and premature retirement issue cannot be reconsidered on appeal.
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Employment law — grading of appointment — alleged incorrect grade and claimed entitlement to higher scale; discrimination on social status — requirement of evidential proof; premature retirement — issue struck out below cannot be reopened on appeal; acceptance of offer and terms of appointment.
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11 July 1997 |