Results.
133 judgments found.
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| December 2000 |
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An unpaid seller’s lien covers only the unpaid price; wrongful seizure of a paid vehicle entitles the applicant to its value and interest.
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Sale of Goods Act — unpaid seller’s lien limited to unpaid price — no lien for storage, resale loss or usurious interest — no open-ended detention 'until trial' — wrongful seizure of fully paid goods — costs follow the event
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31 December 2000 |
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Court held regular allowances are not part of "basic salary" for calculating redundancy pay; only notice-period allowances awarded.
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Employment law — redundancy pay — meaning of "basic salary"/"basic pay" — regular allowances (hardship, housing, transport, education, canteen) excluded from basic salary by contract and conditions of service — entitlement limited to notice-period allowances.
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28 December 2000 |
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Single-judge payment-into-court order upheld; leave granted to adduce fresh evidence under Ladd v Marshall tests.
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Civil procedure — Payment into court — Whether payment attracts interest; Evidence — Admission of fresh evidence on appeal (Ladd v Marshall tests; s.25 Supreme Court Act); Evidence — Oral submissions at bar cannot substitute sworn evidence; Costs — Reversal of single-judge orders
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28 December 2000 |
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Conflicting affidavits in originating summons require oral evidence; High Court order quashed and matter remitted.
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Rent Act — originating summons — where affidavits materially conflict court must adjourn into open court for viva voce evidence — necessity to give reasons for conclusions — remittal for rehearing.
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14 December 2000 |
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Dismissal for misappropriation upheld despite citation error; evidence and procedures found sufficient, appeal dismissed with costs.
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Employment law — dismissal for misappropriation — disciplinary provisions Clauses 20:1-15 vs 20:1-18 — Disciplinary Code Sections 8 & 10 — recovery from terminal benefits — proof on balance of probabilities — natural justice observed.
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14 December 2000 |
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Conflicting affidavits in an originating summons require viva voce hearing; High Court order quashed and matter remitted.
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Landlord and tenant — Rent Act s.13(1)(b) — originating summons — conflicting affidavit evidence — duty to adjourn to open court for viva voce evidence and cross-examination — requirement to give reasons — remittal for de novo hearing
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13 December 2000 |
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An acquittal does not preclude lawful dismissal where employer proves misappropriation; terminal benefit deductions were lawful.
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Employment law — termination for misconduct — misappropriation of employer funds — disciplinary code and Conditions of Service — proof on balance of probabilities — deductions from terminal benefits — acquittal in criminal proceedings does not preclude lawful disciplinary dismissal
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13 December 2000 |
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Manufacturer held liable for negligence after consumer found dead lizard in beer; damages reduced for lack of medical evidence.
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Product liability — negligence in manufacture — contaminated consumable found post-purchase — Donoghue v Stevenson principles — intermediate examination — preservation of physical evidence — refusal of court inspection of plant — quantum of damages; need for medical evidence to support large awards.
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12 December 2000 |
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Manufacturer liable for selling beer containing a dead lizard; damages reduced due to insufficient medical evidence.
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Tort — Product liability — Negligence — Duty of care in manufacture and sale of consumer goods — Proof of contamination and preservation of evidence — Refusal to inspect premises — Quantum of damages reduced for lack of medical evidence
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11 December 2000 |
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Respondent’s repeated application of 'love portions' after protest satisfied unreasonable behaviour on balance of probabilities, allowing divorce.
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Matrimonial Causes Act s.1(2)(b) — unreasonable behaviour — standard of proof is balance of probabilities — application of love portions may render cohabitation unreasonable — appellate intervention for misdirection on facts and law.
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5 December 2000 |
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A genuine belief in witchcraft may be an extenuating factor reducing a murder death sentence to imprisonment.
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Criminal law — Murder — Sentencing — Extenuating circumstances — Genuine belief in witchcraft — Trial court misdirection — Reduction of death sentence to long-term imprisonment — Medical evidence for mitigation.
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5 December 2000 |
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Court reduced concurrent 20-year manslaughter sentences to 15 years for failure to give plea credit and consider youth.
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Sentencing appeal — manslaughter — failure to give credit for plea — youth and mitigation not adequately considered — inappropriate reasoning treating offence as between murder and manslaughter — excessive sentence.
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5 December 2000 |
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Where the appellant permanently left the matrimonial home, the administrator properly treated the house as distributable to minors.
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Succession — intestate administration — matrimonial home and minority interest — widow's occupation rights where divorce pending — administrator's duty to act in best interests of minor children — distribution of estate.
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5 December 2000 |
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Dismissal for drunkenness and misuse of company property upheld where prior similar misconduct and lack of explanation justified discipline.
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Employment law — dismissal for misconduct (drunk on duty; misuse of company property) — natural justice (opportunity to be heard) — relevance of prior misconduct — appellate review of findings of fact.
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5 December 2000 |
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Court increased applicant’s post-divorce relief, ordered transfer of an income-generating property and an education lump sum, applying customary law and equity.
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Family law — Divorce — Property adjustment and maintenance — Application of Ushi customary law and English divorce principles — Equity and law concurrent application — Courts must base findings on record — Transfers to related company to defeat claim disregarded — Repugnancy clause of customary law
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4 December 2000 |
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Dismissal for repeated drunkenness on duty was lawful; no breach of natural justice, appeal dismissed.
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Labour law — dismissal — drunkenness on duty — summary dismissal — rules of natural justice — prior misconduct relevant to discipline
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4 December 2000 |
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A spouse’s use of 'love portions' can constitute unreasonable behaviour establishing irretrievable breakdown on the balance of probabilities.
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Domestic relations — Divorce — Unreasonable behaviour (use of 'love portions' and herbs) — Irretrievable breakdown — Standard of proof: balance of probabilities
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4 December 2000 |
| 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 |
| 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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Damages for a write-off vehicle must reflect age, salvageable parts and the claimant's duty to mitigate.
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Civil procedure — assessment of damages — vehicle beyond economic repair — replacement value — duty to mitigate — salvageable parts and proof of loss
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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 |
| September 2000 |
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A caretaker’s secret acquisition of tenancy from the Council constituted fraud and invalidated the title; appeal dismissed.
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Tenancy law — subtenancy/caretaker occupation — clandestine procurement of tenancy transfer from local authority — fraud as ground to set aside title deeds
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24 September 2000 |
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Notice to complete need not be formal; specific performance denied where claimant comes with 'dirty hands' due to fraud.
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Land law — notice to complete — no prescribed form required; rescission for non‑payment. Civil procedure/Equity — specific performance discretionary; barred where claimant has unclean hands due to fraud; receiver/attorney fraudulent procurement of duplicate titles
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14 September 2000 |
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Court allowed joinder and granted out-of-time leave to appeal, but refused security for costs for non-compliance with Order 59.
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Civil procedure — Joinder of administrator — requirement to file letters of administration; Leave to appeal out of time — granted with filing directions; Preliminary objection to bench composition — withdrawn; Security for costs — refusal for non-compliance with Order 59 (promptness, cost estimate, special circumstances).
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14 September 2000 |
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Bank not liable for third party purchaser’s wrongful acts after release of title deeds to reputable solicitors.
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Banking law — Release of title deeds — Reliance on representations of solicitors — Public policy permitting trust in legal practitioners; Tort — Conversion of title deeds — Causation and remoteness — novus actus interveniens by third party purchaser; Measure of damages for conversion where deeds later recovered
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12 September 2000 |
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Appeal allowed and retrial ordered where boundary determination rested on inconclusive evidence and absent surveyor's report.
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Civil procedure — Boundary dispute — Site visit impeded by flooding — Absence of surveyor’s report — Evidence inconclusive — Retrial ordered — Beacons essential to boundary determination.
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10 September 2000 |
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Procedural defaults and hearsay do not bar trial of triable issues; default judgment quashed and matter remitted for trial.
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Civil procedure — setting aside default judgment — triable issues preferred to procedural technicalities; defective/hearsay affidavit not determinative; Intestate Succession Act — recognition of polygamous marriage — administrator appointment dispute — requires full trial.
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7 September 2000 |
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Appellate court declined to disturb a Deputy Registrar’s damages assessment despite limited evidentiary support.
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Labour law — assessment of damages — appellate interference — evaluation of evidence and judicial discretion in awarding unpaid salary progression and distress damages.
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7 September 2000 |