Results.
19 judgments found.
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| 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 |
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Appellants’ forgery and no-consent allegations were inadequately proved; appellee’s interest claims upheld due to defendants’ acquiescence.
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Civil procedure — appeal against findings of fact — appellate restraint unless findings are perverse or unsupported by evidence; Evidence — allegations of forgery and improper acquisition of title require clear proof; Banking law — acquiescence to interest charges may be inferred from account statements and lack of timely protest; Contract — cancellation of facility for non-payment does not amount to frustration of mortgage obligation.
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11 June 2002 |
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Appeal allowed with costs because the case was identical to a recent precedent; respondent absent.
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Civil appeal — reliance on recent precedent — case on all fours with earlier decision — adoption of reasoning in Choka v Chilufya — appeal allowed with costs.
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5 June 2002 |
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Appeal dismissed for lack of leave; storing Kwacha judgments in foreign currency impermissible; 100% interest awarded.
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Civil procedure — appeals from interlocutory/Chambers orders — leave required under s.24(1)(e); Currency law — judgments in domestic currency — impermissibility of notionally storing Kwacha in foreign currency and reconverting; Damages/enforcement — accounting for internal devaluation and delay; interest — 100% p.a. simple interest awarded in prolonged-delay context.
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5 June 2002 |
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Whether a contractual forfeiture and repossession clause is enforceable or contrary to public policy and unjust enrichment.
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Contract law — forfeiture clause in land sale — enforceability vs public policy — unjust enrichment — remedies for purchaser’s breach.
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5 June 2002 |
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An innocent purchaser cannot acquire title to a stolen vehicle; the remedy is against the seller, not retention of the vehicle.
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Sale of Goods Act s.22 (market overt) — stolen goods — bona fide purchaser — nemo dat quod non habet — Rowland v Divall — remedy against seller for purchase price.
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5 June 2002 |
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Appeal allowed by application of the prior identical decision; appellants awarded costs.
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Precedent — Application of a recently decided identical case (Choka v Chilufya) — Appeal allowed on same grounds — Award of costs to appellants.
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5 June 2002 |
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Order 113 summary eviction is not available against lawful employee occupants with genuine claims; it is confined to squatters.
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Civil procedure — Order 113 (White Book) — Summary procedure for possession — Inapplicable to lawful occupants/tenants or employee occupants (incidence of employment) — Suitable only for squatters or occupiers without licence or consent — Summary eviction inappropriate where real dispute exists
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4 June 2002 |
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Deputy Registrar lacked jurisdiction to assess pension benefits payable under the 1993 staff pension scheme; post-termination schemes do not apply.
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Employment law — wrongful dismissal — pension benefits payable under employer's staff pension scheme — assessment jurisdiction; Post-termination benefits — entitlement to schemes introduced after dismissal; Interest on judgments — requirement that party was wrongfully kept out of money; Mitigation — subsequent earnings do not reduce pension benefits under the scheme.
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4 June 2002 |
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Non-production of firearm not fatal where shot fired and spent cartridge accounted for; daylight single-witness ID upheld; appeal dismissed.
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Criminal law — Aggravated robbery — Proof of firearm: hearing a shot and the presence of a spent cartridge can suffice; Identification — single-witness daylight identification and reliability; Corroboration — not required where possibility of honest mistake is excluded; Mandatory sentence — appeal against prescribed death sentence.
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4 June 2002 |
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4 June 2002 |
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Doctrine of recent possession properly applied to convict appellant for aggravated robbery based on conduct and possession evidence.
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Criminal law — Aggravated robbery — Doctrine of recent possession — Circumstantial evidence and credibility findings — Whether possession weeks after theft can support inference of guilt.
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4 June 2002 |
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4 June 2002 |
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Buyer of a stolen vehicle in good faith cannot acquire title absent market overt; remedy is claim against seller.
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Sale of Goods — market overt — defined as open, public and legally constituted — purchaser in good faith does not acquire title from a thief absent market overt — thief cannot pass title — remedy against seller (Rowland v Divall)
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4 June 2002 |
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Contractual conditions governed repatriation, housing and uniform entitlements; no entitlement to cash repatriation, housing or uniform refund.
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Employment law — Conditions of service — Interpretation of contractual clause requiring employer to ‘bear the cost of repatriation by road or rail’ — Does not imply separate cash repatriation allowance; housing entitlement claims depend on retirement-date documentation and conduct; uniform deductions enforceable where conditions limit supplied items.
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4 June 2002 |
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Excessive force defeats provocation; a stable non‑marital intimacy can mitigate sentence but not negate a murder conviction.
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[Criminal Law] Murder — Provocation — Stable non‑marital intimate relationships treated like marriage — Proportionality of reaction — Excessive force defeats provocation — Failed provocation may mitigate sentence
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3 June 2002 |