Results.
15 judgments found.
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| April 2001 |
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Surviving spouse’s statutory life interest in the family house prevents its sale to realize beneficiaries’ shares; monetary claims must be realized from company shares/assets.
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Intestate succession — life interest of surviving spouse in house (s.9) — effect on valuation and disposition of house to realize beneficiaries’ shares; enforcement of monetary shares allocated by appropriation agreement via corporate shareholding or company assets; appropriate interest (Bank of Zambia rates); costs where dispute arises from misapprehension.
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26 April 2001 |
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Interim interlocutory declaratory orders are not authorised under Order 15 R.16/5; trial court correctly refused relief.
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Civil procedure — Declaratory judgments (Order 15 R.16; Order 15/16/5) — Availability of interlocutory or interim declaratory orders — Declarations against State officials via Attorney‑General — Interlocutory relief pre‑empting substantive action.
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26 April 2001 |
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Appellate court upheld trial judge’s finding of irretrievable breakdown and dismissed appeal; maintenance remedy available to appellant.
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Family law — Divorce — Irretrievable breakdown — Appellate review of findings of fact and credibility — Adultery and cruelty — Maintenance application to Deputy Registrar.
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26 April 2001 |
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Court upheld summary dismissal where internal disciplinary procedures and natural justice were satisfied, and sufficient facts supported the dismissal.
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Labour law — wrongful dismissal — disciplinary procedure — natural justice — sufficiency of factual substratum — limited role of courts in reviewing internal disciplinary findings.
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24 April 2001 |
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Rule 78 cannot be used to re-open substantive errors; it only corrects clerical slips or omissions.
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Civil Procedure — Supreme Court Rules, Rule 78 — Correction of clerical errors or accidental slips or omissions — Rule 78 not available to re-open or re-hear substantive errors of law or fact — Attempt to use Rule 78 as re-appeal is improper and beyond the court's jurisdiction.
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19 April 2001 |
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A sentencing formula detaining an offender until the victim’s age is unlawful; sentence reduced to reflect guilty plea and mitigation.
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Criminal law — Manslaughter — Sentence — Excessive sentence — Novel sentencing principle of detaining offender until he reaches victim’s age held invalid — Credit for guilty plea and time spent in custody — Mitigating factors: youth, first offender, intoxication.
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16 April 2001 |
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Five‑year separation proves irretrievable breakdown; respondent's failure to defend is not consent; appeal allowed and divorce granted.
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Family law — Divorce — Irretrievable breakdown of marriage — Five‑year continuous separation as statutory ground — Failure to defend not equivalent to consent — Trial judge's misdirection; application of authority on consent.
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12 April 2001 |
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Court corrected a mathematical error in damages and replaced a flat 6% interest with a two-part market-based interest approach.
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Civil procedure — assessment of damages — mathematical error in computation of awarded damages; Interest — discretionary award — two-part approach: average short-term deposit rate to judgment, current lending rate thereafter; costs taxed in default of agreement.
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12 April 2001 |
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Court upheld refusal of interlocutory injunction preventing respondent from enforcing mortgage, appointing receiver, or enforcing guarantee.
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Civil procedure — Interlocutory injunction — Requirements of irreparable harm and balance of convenience — Enforcement of mortgage security and appointment of receiver — Enforcement of guarantee.
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12 April 2001 |
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Stay of execution refused where appellant admitted the debt and no appeal documents were filed.
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Civil procedure — stay of execution pending appeal — admitted debt — absence of notice/memorandum of appeal — stay refused; appeal dismissed with costs.
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12 April 2001 |
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Voluntary early retirement followed by contractual engagement precludes reinstatement absent discrimination or unfair treatment.
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Employment law — Early retirement voluntarily applied for and granted — Post-retirement contractual employment — Reinstatement refused where no discrimination or unfair treatment shown — Substantial justice and compensation.
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10 April 2001 |
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Appeal allowed: dwelling house governed by Rent Act; business-premises notice form not required, vacant possession ordered.
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Rent law — dwelling houses under the Rent Act — statutory notice to quit — prescribed form for business premises not required — entitlement to vacant possession — rent assessment by Government Valuation Department — interest and costs.
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10 April 2001 |
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Appeal allowed in part: where minors and a life interest exist, Administrator General should join letters of administration to protect interests.
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Intestate succession — letters of administration — minors and surviving spouse’s life interest — grant variation to include Administrator General — revocation under s.16(2)(c) alleged misstatement in oath.
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10 April 2001 |
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Appeal dismissed: conviction upheld on credibility findings; mandatory 15-year sentence not appealable.
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Criminal law — Aggravated robbery — Identification and association with robbers — Credibility findings of trial court upheld — Mandatory minimum sentence (15 years with hard labour) not appealable.
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3 April 2001 |
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Whether a 20-year sentence for aggravated vehicle robbery was excessive given limited actual violence used.
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Criminal law — Aggravated robbery — Sentence — Vehicle-related robbery — Mitigating factors (limited violence) — Deterrence and protection of public transport — Whether sentence is excessive.
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3 April 2001 |