Results.
13 judgments found.
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| November 2000 |
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Whether creditor may recover acknowledged foreign-currency debt for pipeline purchases without joining Paris Club rescheduling.
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Commercial law — foreign exchange pipeline transactions — characterization of debt currency; debt acknowledged in foreign sums; enforcement versus entitlement; Paris Club debt-rescheduling not a bar to judgment
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30 November 2000 |
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Unilateral reduction of salary without consent terminates employment and entitles employee to benefits based on the pre-reduction salary.
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Employment law — Unilateral reduction of salary — variation of basic conditions without consent terminates contract — deemed redundancy/early retirement — terminal benefits to be calculated on salary before reduction; vehicle purchase and allowance entitlement issues
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23 November 2000 |
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Failure to inspect disputed land and hear surveyor/Council evidence warranted quashing of the tribunal’s orders and a retrial.
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Civil procedure — appellate review — necessity of locus inspection and expert/official evidence in land dispute where survey and numbering of plots contested; allocation by political committee and locus standi; quashing and remitting for rehearing.
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14 November 2000 |
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A revisionary order prejudicing an accused is invalid unless the accused has had an opportunity to make written representations under Section 338(2).
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Criminal procedure — Revision under Section 338 CPC — Requirement to afford accused opportunity to make written representations before making any prejudicial order; Evidence — Identification and recovery of stolen property supporting conviction for theft from the person and five-year sentence.
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7 November 2000 |
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Appellate court upheld conviction where trial judge reasonably rejected the accused's explanation for possession of a recently stolen bicycle.
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Criminal law — Theft from the person — Recent possession of stolen property — Accused's explanation of purchase at market — Credibility assessment — Appellate review of factual findings (perverse/no evidence/misapprehension test).
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7 November 2000 |
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Appellate court reduced a 15-year murder sentence to 10 years due to mitigating factors and backdated it to the arrest date.
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Criminal law — Murder — Sentence — Appellate interference — Reduction of excessive sentence — Mitigation: first offender, no weapon, remorse — Backdating sentence to date of arrest.
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7 November 2000 |
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The appellant, a non‑Zambian, acquired co‑ownership before 1 April 1985 and is entitled to registration and equal share of rentals.
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Land law — ownership by non‑Zambians — effect of Land (Conversion of Titles) (Amendment) Act 1985 s13A(1) — protection of pre‑existing interests — rectification of title; co‑ownership as tenants in common; accounting for rents.
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2 November 2000 |
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Wrongful freezing of depositor funds placed in suspense account excludes them from bank liquidation and warrants release to depositors.
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Banking law — seizure and freezing of depositor funds — suspense account — exclusion from liquidation estate — priority of seized deposits — scope of s.107(1).
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2 November 2000 |
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A Ministry circular reserving official residences and barring officers from buying more than one council house lawfully defeated the applicant’s purchase application.
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Administrative law — Ministry circular on sale of council houses — effect and immediate application; Local government — designation of official residences; Restriction on officers purchasing more than one council house; Council decisions cannot override binding parent Ministry circulars.
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2 November 2000 |
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Wrongful freezing of the respondents' deposits removed funds from liquidation, entitling them to priority repayment.
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Company law; bank liquidation; effect of third-party seizure of deposits; funds held in suspense account removed from liquidation estate; depositor status and priority; applicability of s.107; Space Investments principle considered
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1 November 2000 |
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A ministerial circular barred an officer from buying a second council house and prevented sale of a designated official residence to him.
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Civil/Administrative law — sale of council houses — ministerial circular superseding prior guidelines — designation of official residences — prohibition on an officer purchasing more than one council house — invalidity of council action contrary to parent Ministry circular
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1 November 2000 |
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Appellant’s pre‑1985 interest in land is registrable; 1985 prohibition on non‑Zambian ownership does not affect prior rights.
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Conveyancing — tenants in common — registration of interest — whether non‑Zambians could acquire land pre‑1985 — effect of Land (Conversion of Titles) (Amendment) Act No.15 of 1985 (s.13A(1)) — rentals/accounting
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1 November 2000 |
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An applicant who seeks joinder as plaintiff need not give written consent; joinder is proper if proceedings will affect the applicant’s interest.
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Civil procedure — Joinder of plaintiff — Order 15 Rule 6(4) RSC — Written consent requirement — Applicant‑initiated joinder — Affidavit by agent — No need to disclose cause of action — Interest acquired after proceedings commenced
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1 November 2000 |