Results.
11 judgments found.
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| March 2001 |
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Terminal benefits from earlier voluntary retirement are not preferential debts under section 346(1)(b) of the Companies Act.
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Companies Act s346(1)(b) — preferential claims — "wages" limited to amounts accruing within three months before winding-up — terminal benefits from earlier voluntary retirement are not preferential.
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30 March 2001 |
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Appeal allowed: trial court erred by converting a breach of contract claim into wrongful execution; wrongful-execution claim would also have failed on the facts.
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Civil procedure — Pleadings and scope of a trial — A court may not adjudicate a radically different cause of action from that pleaded; Wrongful/excessive execution — where judgment partly satisfied, claimant must prove obvious excessiveness or malice/absence of probable cause; Credibility findings of trial court entitled to deference.
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28 March 2001 |
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An employer can be vicariously liable for driving negligence by an employee not formally employed as a driver if acting on the employer’s business.
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Tort — Vicarious liability — Employee not designated as driver — Course of employment — Credibility of viva voce evidence — Proof of driving licence — Damages based on dealer’s repair quotation
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27 March 2001 |
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A default judgment without proof of service is susceptible to being set aside; third-party interests must be heard.
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Civil procedure — Default trial and judgment — Order 35 Rules 3 & 5 — Proof of service of notice of trial required for ex parte hearing — Power to set aside default judgment — Third-party interest/joinder.
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27 March 2001 |
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Default judgment set aside where triable issues existed; matter required trial, appeal dismissed with costs.
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Civil procedure — setting aside default judgment — whether matters are resolvable on affidavit or raise triable issues requiring trial — unconditional leave to defend upheld.
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22 March 2001 |
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UK Inheritance (Provision) Act does not apply in Zambia; intestate succession under Cap 59 excludes a former spouse.
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Inheritance (Provision for Family and Dependants) Act 1975 (UK) not applicable in Zambia; intestate succession governed by Intestate Succession Act Cap 59; former spouse not a beneficiary under Cap 59; stay of Inheritance Act application and enforceability of posthumous matrimonial property orders considered.
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20 March 2001 |
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The appellant was held liable for unpaid import duties; seizure and tax assessment were upheld due to non-payment and lack of timely contest.
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Customs and Excise Act — liability for customs duty — seizure of imported vehicle for unpaid tax — assessment communicated to importer/acquirer — failure to contest or pay — appellate review.
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15 March 2001 |
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The court held that specified allowances must be included in redundancy packages and financial inability is no defence.
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Labour law — redundancy — inclusion of transport, housing and lunch allowances in redundancy packages; incapacity to pay — plea of financial inability not a defence (Hamasukyu principle); appeal dismissed.
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15 March 2001 |
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Appeal dismissed; District Registrar ordered to determine appellants' terminal benefits after deducting advances.
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Civil procedure — Appeal against stay of execution and referral to Registrar — Dispute limited to calculation of sums after deduction of advances — Referral to Deputy/District Registrar for assessment — Appeal dismissed with costs.
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6 March 2001 |
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6 March 2001 |
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Conviction for aggravated robbery quashed where identification was unsafe due to footwear discrepancy and absence of stolen property.
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Criminal law — Aggravated robbery — Identification evidence — Discrepancy in clothing (patapatas vs brown shoes) — Arrested Persons Property Book — Possibility of mistaken identity — Unsafe conviction — Appeal allowed.
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6 March 2001 |