Results.
122 judgments found.
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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.
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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.
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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; malice proved; drinking was extenuating—death sentence reduced to 20 years.
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Evidence — absence of post‑mortem not fatal where non‑medical evidence cogent; Murder — malice aforethought established by brutal assault; Sentence — youthful age not per se extenuating; drinking, provocation or witchcraft accusation may be extenuating circumstances
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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.
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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.
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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.
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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.
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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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Where an employee commits a dismissible offence, procedural breaches do not invalidate dismissal or confer retirement benefits.
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Employment law — dismissal — procedural irregularity and breach of natural justice — where offence warrants dismissal, failure to follow procedure does not invalidate dismissal; entitlement to retirement benefits following dismissal
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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.
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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 payable only on amounts drawn; bank fees cannot be capitalised to attract interest.
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Banking — Overdrafts — Interest chargeable only on amounts actually utilised; legal, arrangement and administrative charges not capitalisable into interest-bearing principal — Banking and Financial Services Act (Cost of Borrowing) Reg. 2 excludes such charges from cost of borrowing
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26 September 2002 |
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Claimant must prove quantum of loss; a hire‑rate schedule and default alone did not justify full damages, only token award.
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Damages (negligence) — burden of proof for quantum — special damages must be proved by claimant — default judgment does not dispense with proof of loss — token damages where minimal corroborative 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.
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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.
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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 property and lump-sum claims in divorce proceedings survive a spouse's death; appeals from High Court chambers orders require leave.
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Civil procedure — Appeals — leave required for appeals from High Court Chambers orders; Family law — divorce ancillary relief — distinction between maintenance (may abate) and lump-sum/property claims (survive death); Married Women’s Property Act and Law Reform (Miscellaneous Provisions) Act; Order 15 Rules; Maconochie authority
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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 litigation.
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Civil procedure — Enforcement of Supreme Court orders — Process of court runs throughout Zambia — Supreme Court judgments to be executed and enforced in High Court — No running litigation in Supreme Court — Sequestration and contempt applications to be dealt with by trial judge
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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.
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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 who knew the accused can sustain conviction; accomplice liability for murder requires knowledge of lethal weapon use.
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Criminal law — Identification by a single witness who knew the accused — adequacy and reliability; Identification and inconsistencies — when minor discrepancies are not fatal; Criminal law — common purpose — requirement that accomplice foresee use of lethal weapon; Sentencing — substitution of death sentence where extenuating circumstances present
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2 September 2002 |
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Appeal allowed: Rule 5 hearing fees are discretionary and interlocutory; default judgment set aside for lack of proof of summons.
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Commercial list procedure — Order 53 Practice Direction — Rule 5 (hearing fees) — discretionary sanction; Rule 5 applies to interlocutory applications only — Rule 6 (scheduling conference) — requirement of proper service; Review under Order 39 — requires fresh material evidence; Default judgment — improper where procedural prerequisites not proved
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2 September 2002 |
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Amendments adding a statute-barred claim are disallowed unless the new claim arises from the same facts or peculiar circumstances exist.
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Civil procedure — Amendment of writ — Order 20 Rule 5 — Addition/substitution of new cause of action only if arising from same or substantially same facts; Statute-barred claims — amendments defeating limitation defence disallowed except in peculiar circumstances; Negotiations generally do not toll limitation unless there is representation or agreement to that effect
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2 September 2002 |
| August 2002 |
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Assessor misdirected by addressing liability at damages stage; court increased libel awards to K10 million each.
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Defamation — assessment of damages after default judgment — assessor must consider imputations and plaintiffs’ standing; misdirection to decide liability at assessment; quantum increased where allegations serious and unchallenged
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Property — Contract for sale of land — Agreement on price and hectarage essential; absence of agreement vitiates sale
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Equity — Improvements by intending purchaser — protection against unjust enrichment; entitlement to compensation despite disputed title
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 appellant’s challenge was dismissed as res judicata because identical retrenchment and salary issues had been finally decided.
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Civil procedure — Res judicata — Defence requires same cause of action and plaintiff’s opportunity to recover; plea must show actual merger or identical point actually decided — Industrial relations — Effective retrenchment date and meaning of "salary" for terminal benefits — Appeal incompetence
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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.
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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.
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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.
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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.
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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.
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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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A party aggrieved by a single-judge decision proceeds by renewal, and non-working days are excluded when computing filing time.
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Civil procedure — Single-Judge decisions — Renewal to full court (not appeal); computation of time — exclusion of Saturdays, Sundays and public holidays; discretionary enlargement of filing time
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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.
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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 |