Results.
12 judgments found.
|
|
|
| February 2002 |
|
|
Court reduced an inflated loss-of-business award due to unreliable projections and confirmed ancillary replacement costs.
-
Assessment of damages; loss-of-business projections; reliability of amended affidavits; mitigation of loss; limiting period of damages; interest on awarded damages.
|
27 February 2002 |
|
Judgment on admission may be entered at Scheduling Conference, but proper service and opportunity to amend defence are required for procedural fairness.
-
Commercial procedure — Practice Direction 2 — Defence must specifically traverse each allegation; general denials insufficient — Scheduling Conference — court may enter judgment on admission at Scheduling Conference without separate motion — service of notice and procedural fairness required before entering judgment in absentia.
|
25 February 2002 |
|
The court upheld retirement for misconduct, finding the applicant's procedural complaints insufficient to overturn credibility-based findings.
-
Administrative law — judicial review of retirement in the public interest; procedural fairness — right to be heard and show-cause procedures; procurement law — tender procedures and alleged breach of Zambia National Tender Board Act s.19; appellate deference to trial judge’s credibility findings.
|
20 February 2002 |
|
An agreement to agree is not a binding lease, but equity allows reimbursement for improvements requested by the prospective tenant.
-
Contract law — agreement to agree versus concluded lease; State consent under Land (Conversion of Titles) Act; conditional contracts; equitable relief and quantum meruit for improvements; mesne profits/damages for loss of rent not recoverable where no binding lease.
|
20 February 2002 |
|
A judgment creditor taking possession must realise income; defective elegit/charging procedures and an unapproved sale are set aside.
-
Civil procedure — Enforcement — Elegit and charging orders — Non-compliance with Orders 42 and 50 RSC — Mortgagee-in-possession duties and Order 88 — Duty to realise income; inquiry and credit where creditor willfully defaults — Sale quashed
|
19 February 2002 |
|
The instructing client remains primarily liable for lawyers’ fees despite a third party’s takeover.
-
Professional fees — Conveyancing — liability of instructing client for lawyer’s fees despite third‑party takeover; court practice — counsel must not mislead court; quantum of fees within scale
|
19 February 2002 |
|
Insufficient proof of loss requires reassessment of damages; depriving successful litigant of costs must be judicially justified.
-
Landlord and tenant — unlawful locking of business premises — conversion/detinue — necessity of proof for valuation of lost goods — where evidence insufficient, matter to be referred to Deputy Registrar for assessment — judicial exercise of discretion when depriving successful party of costs
|
19 February 2002 |
|
Absent specific valuation evidence, damages should be assessed by inquiry, and costs reductions require explicable, blameworthy grounds.
-
Damages — Pecuniary damages — Necessity of proving value; conversion — market value at time of loss; costs — judicial exercise of discretion to deprive successful party
|
19 February 2002 |
|
Where proof of damages is inadequate, the trial court should refer assessment to the Deputy Registrar; costs withheld only for blameworthy conduct.
-
Landlord and tenant — unlawful lockout of protected tenant’s business premises — conversion/detention of goods — inadequate proof of value — referral to Deputy Registrar for assessment — judicial exercise of discretion to deprive successful party of costs requires blameworthy conduct
|
19 February 2002 |
|
Appeals allowed: contractual termination by payment in lieu upheld; erroneous order permitting re-entry and distress set aside with costs.
-
Employment law — termination by payment in lieu of notice — contractual terms in appointment letter and employee manual govern; Civil procedure — discrepancy between oral ruling and formal order; re-entry and distress — invalid re-entry/execution under erroneous order; costs.
|
15 February 2002 |
|
A clearing agent who bonds transit exports is liable for duties and fines where purported exports are fraudulent; licence suspension was lawful.
-
Customs and Excise — Clearing agent bonds — Liability under s.183 for duties, VAT, interest and fines where removals in transit are fraudulent — Licence suspension pending payment lawful — Foreseeable business risk — Connivance by revenue employee no bar to agent's liability.
|
14 February 2002 |
|
A trade mark registration can only be attacked by the statute’s procedures; passing-off requires proof of likely deception.}
-
Trade marks — Expunction and rectification must follow statutory procedure (ss.37–38, s.57) — Registration prima facie valid — s.9(4) limits infringement claims between co-registered proprietors — Passing-off distinct from registration; test is likelihood of deception of ordinary customer — Factual issues require full trial, not summary disposal
|
8 February 2002 |