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Citation
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Judgment date
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| December 2002 |
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A single Supreme Court judge lacks jurisdiction to grant interlocutory injunctions; appeal lies to the full Court.
Civil procedure — interlocutory injunction — appeal against refusal — jurisdiction of single Judge versus full Court — stay of execution — procedural irregularity.
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20 December 2002 |
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Murder conviction upheld without post‑mortem; death sentence reduced to 20 years due to failure to consider drinking as mitigating evidence.
Criminal law – Murder – Sufficiency of evidence without post‑mortem where assault and subsequent death are cogently linked; Malice aforethought – intention to cause grievous harm/death established by brutal assault; Sentencing – extenuating circumstances under s.201(1)(b) Penal Code (youth not automatically mitigating; drinking may be considered); Sentence substitution from death to 20 years' imprisonment.
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3 December 2002 |
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Absence of post‑mortem not fatal if lay evidence proves death from assault; drinking can be an extenuating circumstance.
Evidence — absence of post‑mortem; causation established by cogent lay evidence. Criminal law — malice aforethought; intention to cause grievous harm/death. Sentencing — extenuating circumstances may include drinking, failed provocation, witchcraft accusation; youth not automatically extenuating. Death sentence quashed and substituted due to sentencing misdirection.
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2 December 2002 |
| November 2002 |
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A subsequent purchaser with a real interest in contested property may be joined as plaintiff without separate written consent.
Civil procedure – Joinder of parties – O.15 r.6 RSC – Written consent to joinder – Company agent affidavits – Interest acquired after commencement – Certificate of title as prima facie evidence of ownership.
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2 November 2002 |
| October 2002 |
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Court increased damages for wrongful military dismissal, declared commission cancellation wrongful but declined reinstatement; awarded K22 million and high interest.
Administrative law – wrongful dismissal from military service – exemplary and general damages – quantum of damages for wrongful dismissal of an officer; Constitutional discretion – cancellation of commission by President – wrongful exercise where based on false reports; Remedies – damages preferred where reinstatement is impracticable; Interest – substitution of nominal rate for substantial pre-judgment interest.
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15 October 2002 |
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Wrongful dismissal of an officer attracts substantial exemplary and general damages; cancellation of commission may be remedied by damages rather than reinstatement.
Wrongful dismissal; exemplary and general damages for commissioned officer; cancellation of military commission by President; reinstatement v. damages; high interest on judgment; refund of security for costs.
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15 October 2002 |
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Court upheld unfair dismissal finding and non-negligence but reduced damages to two years' salary with interest at short-term deposit rate.
Employment law — wrongful dismissal — disciplinary procedure and impartiality — negligence in accepting forged security — measure of damages for wrongful dismissal where statutory minimum-wage instrument does not apply — interest on award.
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15 October 2002 |
| September 2002 |
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Proven misconduct justifying dismissal prevents procedural defects from rendering dismissal null or creating entitlement to retirement benefits.
Employment law – dismissal – procedural irregularity and natural justice – established misconduct – procedural defects do not automatically render dismissal null – entitlement to retirement benefits where dismissal is proper.
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29 September 2002 |
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A bank may charge interest only on amounts actually drawn; fees cannot be capitalised to attract interest.
Banking law – overdraft interest – interest only on amounts actually drawn; cost of borrowing regulations – arrangement, administrative and commission fees not capitalisable into interest-bearing principal.
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27 September 2002 |
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Interest on an overdraft is chargeable only on amounts actually drawn; ancillary bank charges cannot be capitalized to attract interest.
Banking — Overdrafts — Interest charged only on amounts actually utilized; unutilized facility not interest-bearing — Legal, arrangement and administrative charges cannot be capitalized to attract interest — Banking and Financial Services Act (Cost of Borrowing) Regulations (SI 179/95), Reg.2.
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26 September 2002 |
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Claimant must prove loss of business; a hire-rate schedule alone is insufficient, so only token damages awarded.
Damages – negligence – burden of proof for quantum – special damages must be proved – mere hire-rate schedule insufficient to prove loss of business – token award appropriate where minimal evidence exists.
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26 September 2002 |
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A termination letter deeming the contract “matured” does not entitle the employee to unserved‑term pay; damages limited to contractual notice.
Employment law – Contract termination – Effect of phrase “deemed as having matured” – Measure of damages for premature termination limited to contractual notice or salary in lieu – No entitlement to full unserved term where contract prescribes notice remedy.
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13 September 2002 |
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Treating a fixed-term contract as "deemed matured" terminates it; damages confined to contractual notice, not full unserved term.
Contract termination — interpretation of "deemed as having matured" — fixed-term employment — measure of damages limited to contractual notice/payment in lieu — full unserved term not automatically payable.
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13 September 2002 |
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Ancillary relief in divorce may survive the respondent’s death; appeals from High Court Chambers orders require leave.
Civil procedure – Appeals from High Court in Chambers – leave required (Supreme Court Act s.24(1)); Family law – Ancillary relief in divorce – survivability on death of party; Distinction between periodic maintenance and lump-sum/property adjustment; Rules of Supreme Court Order 15/7/10; Married Women’s Property Act 1882; Law Reform (Miscellaneous Provisions) Act s.2(1).
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11 September 2002 |
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Supreme Court orders must be enforced in the High Court; the Supreme Court does not conduct running enforcement proceedings.
Civil procedure – Enforcement of Supreme Court orders – s.9 Supreme Court of Zambia Act – Supreme Court judgments executed in High Court – no running litigation in Supreme Court – sequestration and contempt applications.
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8 September 2002 |
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Appeal dismissed for raising factual issues only; employee entitled to salary equalization and recalculated redundancy; interest adjusted.
Employment law – equal pay for equal work – disparity following termination of secondment – entitlement to salary equalization and recalculation of redundancy; Appeals from Industrial Relations Court – jurisdiction under section 97 requires point of law or mixed law and fact; Post‑judgment interest – adjusted to Bank of Zambia lending rate.
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3 September 2002 |
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3 September 2002 |
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Single eyewitness identification can sustain murder conviction, but lack of shared intent precludes murder for a co-assailant.
Identification – single eyewitness who knew the accused prior can suffice; Identification – inconsistencies not necessarily fatal. Criminal law – common purpose; absence of shared intent to use a weapon precludes murder. Sentencing – death sentence set aside where extenuating circumstances warrant imprisonment.
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2 September 2002 |
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Whether Order 53 Rule 5 mandates hearing-fee payment and justified entry of default judgment against the applicant.
Commercial list — Order 53 (Practice Direction) — Rule 5 (hearing fee) and Rule 6 (scheduling conference/notice) — scope limited to interlocutory applications — Order 39 review requires fresh evidence — entry of default judgment.
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2 September 2002 |
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Court disallowed post‑limitation amendment introducing a distinct wrongful‑dismissal claim; negotiations did not toll limitation.
Civil procedure – Amendment of pleadings under Order 20 Rule 5 – Addition/substitution of causes of action allowed only if arising from same or substantially same facts – Statute‑barred causes cannot be introduced by amendment save in peculiar or exceptional circumstances – Negotiations do not ordinarily toll limitation period.
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2 September 2002 |
| August 2002 |
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Assessment of libel damages: assessor must consider imputations and plaintiffs’ standing; court increased awards to K10 million each.
Defamation (libel) – assessment of damages – assessor must not re-open liability at assessment after default judgment – must consider imputations and plaintiffs’ standing – quantum of general damages – interest and costs.
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29 August 2002 |
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Non‑Zambian civil servants qualifying under Lands Act s.3 may buy government pool houses subject to Presidential consent; authorities must advise applicants accordingly.
Lands Act s.3; sale of government pool houses; eligibility of non‑Zambian civil servants; Presidential consent; duty to advise applicants; procedural fairness in allocation of state housing.
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28 August 2002 |
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Appellate court reversed reinstatement, holding dismissal for alleged forgery was justified due to trial court's misapprehension of evidence.
Employment law – Dishonest conduct/forgery of payroll documents – Reinstatement as a rare remedy – Appellate review of factual findings; misapprehension of evidence.
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28 August 2002 |
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Mutual breaches of a loan agreement (waiver by premature disbursement and borrower's failure to raise share capital) preclude specific performance; remedial accounting ordered.
Contract law – loan agreement – waiver by disbursement before condition precedent fulfilled – mutual breach – refusal of specific performance – wrongful disbursement and procurement of equipment without borrower’s consent – restitutionary/accounting remedies; costs each party to bear own costs.
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27 August 2002 |
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Whether a later union-management agreement overrides earlier collective-agreement entitlements claimed by the appellants.
Labour law — Collective agreement variation — Union representation and mandate — Retrenchment/retirement package calculations — Appealability limited by Section 97 Industrial and Labour Relations Act — Suspension of long service bonus.
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27 August 2002 |
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Supreme Court upheld K15,000,000 damages for wrongful dismissal and refused reinstatement due to workplace hostility.
Employment law – wrongful/unfair dismissal – assessment of damages where dismissal declared null and void – credibility findings – reinstatement refused because of workplace hostility – award of K15,000,000 upheld.
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27 August 2002 |
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Appeal dismissed: single eyewitness identification held reliable despite parade date confusion.
Criminal law – aggravated robbery – identification evidence – single identifying witness – R v Turnbull guidance – prior acquaintance and opportunity to observe – identification parade date inconsistency
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20 August 2002 |
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Appeal allowed where trial judge discharged interlocutory injunction without deciding substantive tenancy and rent claims; case remitted for re-hearing.
Landlord and Tenant (Business Premises) Act – application for new tenancy and rent determination – interlocutory injunction – discharge after reserved ruling – failure to decide substantive reliefs – remittal for re-hearing.
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8 August 2002 |
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Appellants' aggravated robbery convictions upheld on cumulative direct and circumstantial evidence despite limited forensic linkage.
Criminal law – Aggravated robbery – Identification evidence – Circumstantial evidence – Ballistics (weapon functionality) – Forensic gaps (no cartridge comparison/fingerprints) – Appellate review of credibility findings.
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6 August 2002 |
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No valid sale where price and area were not agreed; intending purchaser entitled to compensation for improvements.
Property — Contract for sale of land — Agreement on price and hectarage essential; absence of agreement vitiates sale. Equity — Improvements by intending purchaser — protection against unjust enrichment; entitlement to compensation despite disputed title. Evidence — alteration of contract and inconsistent documentary evidence undermine claim.
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5 August 2002 |
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Appellant’s personal injury awards increased for loss of earnings, medical transport and pain and suffering; interest and costs awarded.
Personal injury — assessment of damages — loss of earnings and mitigation — proof of business takings; medical and transport expenses — admissible invoices; pain and suffering — disability percentage and quantum; interest — bank short-term deposit then lending rate; costs to successful appellant.
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2 August 2002 |
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No liability where statutes imposed no specific duty and public assurances were rescue measures, not negligent misstatements.
Banking law – Central Bank statutory duties – Banking and Financial Services Act – scope of supervisory powers; Tort — negligent misrepresentation — public assurances as rescue measures — causation and loss; Requirement of pleaded specific statutory duty; Repayment of deposits and absence of actionable injury.
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2 August 2002 |
| July 2002 |
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Dismissal for want of prosecution justified by counsel's deliberate non‑attendance; loans advances judgment upheld, remainder set for fresh trial.
Civil procedure – Dismissal for want of prosecution vs striking off – deliberate non‑attendance and counsel's walkout as justification for dismissal; Counterclaim – failure to file defence/reply within court‑ordered time permits judgment by default; Severance – parts of counterclaim relating to loans and advances upheld; Fresh trial ordered before another Judge; Costs awarded against defaulting plaintiffs.
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31 July 2002 |
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Deliberate non-attendance justified dismissal for want of prosecution; untraversed counterclaim claims may be decided on default, remainder severed for retrial.
Civil procedure — non‑attendance and contempt of court directions — dismissal for want of prosecution versus striking off; counterclaim — judgment on counterclaim in absence of defence; late/unserved pleadings — invalid as effective traverse; severance of judgment and fresh trial.
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31 July 2002 |
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Appellate court ordered hearing of application to set aside default judgment and corrected a procedurally confused conditional order.
Civil procedure – Default judgment – Application to set aside default judgment – Stay of execution pending set-aside application – Conditional interlocutory orders – Procedural irregularity – Appellate intervention.
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28 July 2002 |
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Court allowed interlocutory injunction in land re-entry dispute, finding discharge of ex parte order without merits consideration unjust.
Interlocutory injunctions — ex parte orders — discharge for non-prosecution — principles for granting injunctions (clear right, irreparable injury, serious question, balance of convenience) — land title disputes — Orders 6 & 30 High Court Rules.
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26 July 2002 |
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A court cannot ignore a defendant's earlier writ and defence on consolidated monetary claims; appeal allowed.
Civil procedure – consolidation and severance of actions – originating summons versus writ of summons – failure to consider a defendant's earlier writ and defence amounts to denial of fair hearing – judgment set aside.
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19 July 2002 |
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The applicant's stay application was dismissed because eviction had already been effected, leaving nothing to stay.
Civil procedure – Stay of execution – application after execution – eviction already effected – application rendered moot; Contract law – sale agreement – breach and rescission for non‑completion; Appellate procedure – timing of stay applications.
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17 July 2002 |
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Buyer elected refund of purchase price with interest; damages limited to loss of bargain and improper attachments set aside.
Contract for sale of land – specific performance versus election to refund – damages measured as loss of bargain – remoteness of speculative crop income – improper use of writs of possession and attachment to enforce monetary judgments.
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17 July 2002 |
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Appellants lacked a disclosed cause of action to challenge a private share sale; detinue damages assessment and interest award were upheld.
Company law – locus standi to challenge private share sale; civil procedure – summary dismissal for failure to disclose cause of action; detinue – measure of damages (market value at date of judgment and loss by detention/hire rate); interest on judgment debt – accrual from date of ruling; appellate review of Deputy Registrar's discretionary assessment.
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17 July 2002 |
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Court upheld the parties' settlement, awarded interest only on K3.5 million up to payment date, and limited costs.
Settlement and compromise – sanctity of settlements; interest on damages – whether reserved or extinguished by compromise; period of interest – ceases on payment of principal; appellate correction of arithmetic error; costs limited for in‑house counsel.
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17 July 2002 |
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The appeal was dismissed as res judicata because the issues had been finally decided in earlier judgments.
Res judicata — finality of judgment — retrenchment date and interpretation of "salary" in settlement — leave to appeal out of time does not revive conclusively decided issues.
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11 July 2002 |
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The appeal was dismissed as res judicata because the retrenchment date and salary-inclusive issues had been finally decided previously.
Civil procedure – Res judicata – requirements: same cause of action, opportunity to recover, actual merger or identical point actually decided; Labour law – retrenchment date and computation of terminal benefits (salary inclusive/exclusive of allowances); Appeal – leave to appeal out of time and reasonableness; Interest reipublicae ut sit finis litium.
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10 July 2002 |
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A clause granting a fiction of service on early termination entitles the applicant to full contractual gratuity and terminal benefits.
Employment law – Contract interpretation – Clause creating fiction of service – Entitlement to full gratuity and other terminal benefits upon termination within first 12 months – Assessment of quantum by Deputy Registrar – Claims for business-class air passage and annual transport/social tour fares.
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8 July 2002 |
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A clerical typographical error in pension documentation cannot found estoppel; appeal allowed and lower court order quashed.
Pension law – Commutation offers – Clerical/typographical error in pension records – No estoppel where mistake is clerical – Court may correct errors; appeal allowed.
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8 July 2002 |
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A clause providing benefits upon early termination within 12 months entitles the employee to full contractual gratuity and terminal benefits.
Employment law – Contract interpretation – Clause providing benefits on termination within first 12 months – Fiction of service for full contractual term; Assessment of damages – Deputy Registrar’s rejection of contractual terminal benefits; Disputed entitlement to business-class airfare and annual transport/social tour allowances.
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8 July 2002 |
| June 2002 |
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Suo motu review without hearing and after 62 days was irregular; the transaction involved partial, not total, failure of consideration.
Sale of Goods – implied condition as to seller’s right to sell – partial versus total failure of consideration; judicial review of own judgment – suo motu review, procedural fairness and timing; Order 39 High Court Rules.
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27 June 2002 |
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Impoundment of an exchanged vehicle was a partial, not total, failure of consideration; unnotified judicial review was irregular.
Sale of Goods – implied right to sell – failure of consideration – distinction between total and partial failure – Rowland v Divall considered; Civil procedure – review of judgment by judge sua sponte – requirement to hear parties – procedural irregularity (Order 39).
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27 June 2002 |
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Challenges to single Judges are by renewal, not appeal; courts may exclude weekends/public holidays and enlarge time.
Civil procedure – Single Judge decisions – renewal/application to full court (not appeal); computation of time – exclusion of weekends and public holidays in specified cases; court’s discretion to enlarge time; dismissal for want of prosecution.
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20 June 2002 |
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Court upheld award for unserved service, quashed unexplained 10% interest, ordered short-term interest, costs, and salary-scale differential payment.
Assessment of damages – wrongful termination – compensation for unserved period of service – parties' negotiated quantum; Interest on assessed sums – need for reasons; substitution with short-term deposit rate; Costs on assessment where liability admitted; Salary scale differential (S8 v PF5) payable as part of terminal benefits.
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13 June 2002 |