Results.
12 judgments found.
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| 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 |