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Citation
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Judgment date
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| January 2002 |
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Specific performance ordered where evidence conclusively established payment of the deposit despite the trial judge’s contrary finding.
Specific performance – contract for sale of land – payment of deposit – sufficiency of evidence and appellate interference with trial judge’s factual finding – possession and improvements by purchaser.
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25 January 2002 |
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Appeal dismissed: court upheld trial judge's resurvey/demarcation to give effect to ambiguous land bequests.
Wills — ambiguous bequests as to land extent — reliance on contemporaneous approved survey diagram — role of trial judge's site inspection and factual findings — appellate reluctance to disturb demarcation and resurvey orders.
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17 January 2002 |
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Judicial review cannot be used to challenge Acts of Parliament amending the Constitution; Parliament may alter the Constitution subject to Article 79 procedures.
Constitutional law – constitutional amendment – Article 79 – parliamentary power to alter Constitution; judicial review not available to challenge Acts of Parliament; basic-structure doctrine distinguished and not recognized in Zambian law; referendum requirement for Part III (fundamental rights).
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12 January 2002 |
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Judicial review is "process" under s.164; the Act’s mandatory three‑month limit bars late actions against customs officers.
Customs and Excise – meaning of "process" in s.164 – whether judicial review falls within s.164(1) – Commissioner‑General/Controller as "officer" – s.164(4) three‑month limitation mandatory, no judicial extension under Order 53.
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11 January 2002 |
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The Supreme Court lacks jurisdiction to stay execution of its own final judgment pending separate High Court proceedings.
Civil procedure — Stay of execution — Supreme Court has no jurisdiction to stay its own final judgment; statutory stay under rule 18 only applies while appeal pending.
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4 January 2002 |
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High Court lacks jurisdiction to arrest an ongoing presidential election; judicial review requires a concrete decision and cannot stay declaration.
Constitutional law – Presidential election – Jurisdiction of courts – Article 41 and Electoral Act – Judicial review – Requirement of reviewable decision – Returning Officer’s duties and lack of discretion to delay declaration.
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1 January 2002 |