Results.
13 judgments found.
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| October 2000 |
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The appellant admitted indebtedness, defaulted on instalments, and delay/preclusion of relief justified dismissal of the appeal.
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Civil law — Order XIII judgment — application to set aside judgment — stay of execution — default on agreed instalments — acquiescence and delay — finality of litigation
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31 October 2000 |
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Rule 78 is limited to correcting clerical slips and cannot be used to re-hear or reopen an appeal.
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Civil procedure — Rule 78 Supreme Court Rules — correction of clerical errors versus substantive re-hearing — jurisdiction to reopen or review the Court’s own judgment — finality of litigation.
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28 October 2000 |
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Ex parte appointment of a receiver requires urgency and must be followed by an inter partes hearing; failure to afford a hearing warrants reversal.
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Civil procedure — Appointment of receiver — Ex parte relief under Order 30 Rule 1 — Limits on ex parte orders, urgency requirement and requirement for subsequent inter-partes hearing — Misapplication of stay application as inter-partes hearing
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25 October 2000 |
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Where material facts and essential documents are disputed, a court must order a trial rather than decide on written submissions.
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Employment law — termination/early retirement — redundancy versus pension scheme entitlements — ZIMCO corporate terms v LASF — procedural requirement to order trial where material facts and documents are disputed.
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18 October 2000 |
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Employer repudiation of an employment contract justified damages limited to the contractual notice period, not full-term payment.
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Company law — apparent authority of company representatives (Turquand rule) — third parties entitled to rely on authority; Employment law — repudiation by employer and rejection of non-consensual substitution of contract; Contract damages — assessment where breaching party had contractual termination option; Liquidated damages v. penalty — limits on enforcing full-term payment clauses
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17 October 2000 |
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Appeal dismissed; convictions for aiding escape and theft by public servant upheld due to inconsistent defence and overwhelming evidence.
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Criminal law — aiding escape from lawful custody — credibility of accused — theft by public servant — possession and disposal of exhibits — evaluation of conflicting testimony.
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17 October 2000 |
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Belief in witchcraft can mitigate murder sentence; village committee confessions are not governed by Judges' Rules.
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Criminal law — Murder — Cause of death: medical evidence not always required; Judges' Rules do not apply to village headmen/productivity committees; belief in witchcraft is an extenuating circumstance
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16 October 2000 |
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Pre-judgment interest follows Anderson principle; mitigation period irrelevant; 20% pre-judgment, 6% post-judgment.
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Interest on judgment — Pre-judgment interest rate and period — Bank of Zambia v Caroline Anderson applied — Mitigation period for repair irrelevant to interest calculation — Post-judgment interest 6% preserved.
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13 October 2000 |
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Interest on loss-of-use damages awarded at 20% from writ to judgment; mitigation period irrelevant to interest calculation.
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Civil procedure — Damages for loss of use — Award of interest — Appropriate rate from date of writ to date of judgment — Mitigation period irrelevant to interest calculation — Bank of Zambia v. Caroline Anderson followed
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12 October 2000 |
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Damages for a destroyed vehicle are assessed at value on date of loss; claimant must prove write-off and mitigate.
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Civil damages — loss of chattel — measure is market value at date of loss — post-loss quotations irrelevant — claimant must prove write-off — duty to mitigate — failure to mitigate reduces award; interest and costs.
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6 October 2000 |
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Respondent's failure to mitigate and salvageable parts justified reducing awarded vehicle damages.
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Tort — Damages — Assessment of vehicle loss and replacement value — Consideration of age, salvage value and duty to mitigate
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5 October 2000 |
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Internal publications accusing the respondent of theft were unjustified; liability upheld but damages reduced on appeal.
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Defamation (libel) — justification (truth) defence — burden on defendant to prove allegations; internal circulars and memoranda as publications; qualified privilege not pleaded; quantum of damages; conduct short of theft may be reprehensible but not necessarily dishonest.
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4 October 2000 |
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Appeal dismissed: eyewitness identification and post‑mortem report upheld; inconsistencies and non‑production of firearm not fatal.
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Criminal law — Identification evidence and identification parades — Allegation of staged parade; reliability of eyewitness identification in daylight. Criminal procedure — Section 191A admission of post mortem reports; calling the doctor to give oral evidence
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Evidence — Material contradictions in dates and non‑production of exhibits (firearm) and their effect on safety of conviction
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3 October 2000 |