Results.
11 judgments found.
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| February 1999 |
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Appeal allowed: lost-opportunity awards quashed; completion award upheld less K6 million credit; no costs.
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Property/Remedies — wrongful transfer and rectification of title; assessment of damages for loss of use; double recovery — awards for lost opportunities cannot be added to cost-of-completion award; mitigation credit for unauthorised improvement; self-help by judgment debtor irregular but may attract limited credit.
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18 February 1999 |
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An erroneous telex does not create an unassailable account stated; mistake rebuts alleged debt absent precise proof of quantum.
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Account stated — prima facie evidence only — rebuttable by mistake; Estoppel — erroneous admission versus mistake; Admissibility of internal/confidential memoranda; Burden and precision of proof of quantum and reliance damages.
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18 February 1999 |
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Appeal from Industrial Relations Court limited to points of law; transport-cost award set aside and treated as taxable costs.
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Industrial Relations Act s.97 — appeals limited to points of law or mixed law and fact; appellate review of findings of fact only if made without evidence or on unreasonable view; assessment of quantum — proper characterization of transport/hiring expenses as costs and subject to taxation; fringe benefits and compensation for lost opportunity to obtain personal-to-holder vehicle.
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18 February 1999 |
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An employee paid salary in lieu of notice is entitled to corresponding fringe benefits; appeal otherwise dismissed.
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Employment law — Redundancy and reorganisation — Appellate review limited by s.97 of the Industrial and Labour Relations Act — Payment in lieu of notice — Entitlement to fringe benefits (housing allowance) during notice period — Misdirection in law where fringe benefits omitted.
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18 February 1999 |
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Whether and to whom letters of administration should be granted under the Intestate Succession Act, and the exclusion of a divorced former spouse.
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Intestate Succession Act — Letters of administration — Appointment of Administrator‑General where minors — Statutory shares of surviving spouse, children, parent and dependants — Former divorced spouse not entitled in administration proceedings; claims by non‑parties to be pursued separately.
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15 February 1999 |
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Unearned 90‑day interest on immediate mortgage redemption not payable; mortgagor entitled to rely on manager's ostensible authority.
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Mortgage law — redemption — whether contractual/unearned interest is payable on immediate redemption; waiver and ostensible authority of bank officer; interpretation of mortgage deed.
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15 February 1999 |
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A refused ex parte injunction must be converted to inter partes and remitted for hearing before another judge.
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Civil procedure — Ex parte injunction — Where court is inclined to refuse, application must be ordered to stand as inter partes summons — Procedural irregularity— Remittal for inter partes hearing
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10 February 1999 |
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A foreign appointment instrument is a "document" requiring s.3(d) authentication; later authentication cannot retrospectively validate prior use in Zambia.
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Authentication of foreign documents — Interpretation of "document" under s.2 — Requirement under s.3(d) that foreign documents be authenticated before use in Zambia — Effect of non-authentication (invalidity for use, not merely evidential exclusion) — No retrospective validation by subsequent authentication.
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5 February 1999 |
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The child's welfare and tender years justify awarding custody to the respondent; appeal dismissed.
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Family law — Child custody — Welfare of the child paramount — Consideration of moral, emotional and physical welfare — Tender years and ties of affection — Parental conduct and wishes — Access rights — Custody orders subject to variation.
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4 February 1999 |
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Cancellation by Registrar without the mandatory prior-notice and hearing was unlawful; de-registration quashed.
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Administrative law — Societies Act (ss.13(1),(2),(3),15(d)) — cancellation of registration — requirement of prior notice and opportunity to be heard — mandatory procedural fairness — Gazette publication as notification, not proof of Ministerial cancellation — certiorari quashing unlawful de-registration.
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4 February 1999 |
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Convictions based solely on uncorroborated identification by a child witness were unsafe and were quashed.
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Criminal law — identification evidence — single child witness of tender years — need for corroboration — identification parade cannot corroborate a witness whose evidence requires confirmation — unsafe conviction — appeal allowed.
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2 February 1999 |