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Citation
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Judgment date
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| December 2003 |
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Mere knowledge of a distribution of election goods without proof of candidate consent and constituency‑wide effect does not void the election.
Electoral Act s.18(2)(c) – corrupt and illegal practices – knowledge versus consent/approval of candidate – government distribution of goods – requirement that misconduct affect result (s.18(4)) before nullification.
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23 December 2003 |
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Appellant paid purchase price; court held a valid sale (not lease), ordered specific performance and title transfer.
Property law – Sale versus lease – evidentiary weight of agent documents and purchaser’s witness; Specific performance – purchaser who paid through agent; Fraud allegations and effect on title transfer; Registrar empowered to cancel and reissue certificate of title.
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23 December 2003 |
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Higher civil standard required; court found ECZ actions lawful and affirmed the appellant's election.
Electoral law – standard of proof in election petitions higher than balance of probabilities; Election irregularities – polling-hour extensions and relocation of polling stations; Regulation 21(1) – electoral officer powers; Section 18(2)(a) and (b) and Section 18(4) – corrupt/illegal practices and substantial compliance; Bribery and treating – proof to a high civil standard.
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23 December 2003 |
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Appellate court substituted a global, unrealistic damages award with an itemised valuation totalling £4,225 due to inadequate proof.
Assessment of damages – Loss of goods in custody – Measure of damages is value at time of loss – Burden on claimant to prove special loss – Where proof incomplete court may make an intelligent estimate – Absence of purchase date affects precision – Appellate substitution of itemised valuation.
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17 December 2003 |
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The respondent validly terminated the applicant by contractual notice and pay in lieu; no requirement to provide detailed reasons in termination letters.
Employment law – termination – s.26A Employment Act and ILO C158: right to be heard on conduct/performance does not require reasons in termination letters – lawful exercise of contractual notice clause and payment in lieu – suspension pending fraud investigation.
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16 December 2003 |
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Appeal dismissed: reliable identification and recent possession supported aggravated robbery convictions.
Criminal law – Identification evidence – reliability of identification parade; Criminal law – Recent possession of stolen property – inference of guilt under Penal Code s.4; Distinction between thief and receiver – requirement for definitive findings; Appellate intervention – application of proviso to s.15(1) Supreme Court Act.
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4 December 2003 |
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Sitting tenancy alone does not create a legal right to purchase absent an express offer or contractual first refusal.
Property law – sitting tenants and right to purchase under government/parastatal empowerment policy – entitlement requires more than mere tenure; evidence of offer or contractual right of first refusal required; sale to employee who pays price upheld; no conflict between Muimui v Chunda and Kangwa v ZCCM.
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4 December 2003 |
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4 December 2003 |
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Appellate court allowed appeal after finding trial court misapprehended evidence and improperly rejected defendant eyewitnesses.
Road traffic accident — appellate review of trial court findings — misapprehension and unbalanced evaluation of evidence — credibility of eyewitnesses — assessment of skid marks, vehicle positions and damage — determination of negligent driving.
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3 December 2003 |
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2 December 2003 |
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A union leader’s protected union activity did not justify reinstatement after failure to engage disciplinary procedures; compensation awarded instead.
Industrial relations — section 85(3) time limit procedural; protection of union officials for legitimate union functions under collective agreement; disciplinary liability of union leaders; reinstatement versus compensation.
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2 December 2003 |
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Bill of lading and red book evidenced company ownership; appellant failed to prove private ownership.
Motor vehicle ownership – importation and consignee – bill of lading as proof under Customs and Excise Act s.30 – red book/registration issued on rebate as evidence of ownership – Kearney principle (registration book not conclusive) – police seizure lawful following theft report.
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2 December 2003 |
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2 December 2003 |
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An appeal was dismissed for non-compliance with procedural rules, ineffective extension of time, and an improper attempt to reopen a finalized judgment.
Civil procedure — Appeal — Extension of time to appeal — Where appeal period has lapsed there is nothing to extend; procedural non-compliance with Rules — dismissal under Rule 68(2) — Finality of judgments — stay of execution cannot reopen finalized matters.
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2 December 2003 |
| November 2003 |
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Appeal dismissed: first lease allowed compound interest, second did not; no penal interest, recomputation ordered, costs to respondent.
Contract law – finance leases – interpretation of lease terms – compound interest versus contractual interest on arrears; penal interest – identification and permissibility under Banking and Financial Services Regulations; appellate review of factual findings and costs discretion.
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26 November 2003 |
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Court affirmed mother's custody, prioritizing the child's welfare and continuity over applicant's request to relocate the child abroad.
Child custody – welfare principle paramount; Social Welfare reports and guardian ad litem evidence; continuity of care; jurisdictional limits on supervision; discretion to review custody and effect of non-attendance.
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24 November 2003 |
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Respondent's summary dismissal for passing unendorsed cheques was negligent not grossly negligent; accrued benefits awarded as damages.
Employment law – wrongful dismissal – negligence versus gross negligence – interpretation of disciplinary code requiring loss for gross negligence – entitlement to accrued long-service benefits and pension as damages.
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15 November 2003 |
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Documentary title evidence established sole ownership; lower courts erred in finding equal contributions and sharing the property.
Property law – ownership evidence – weight of documentary evidence proving purchase and change of ownership; contributions to construction – when oral assertions and plans do not rebut documentary proof; appellate interference where trial court ignores material documents (Nkhata principle); intestate succession implications.
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11 November 2003 |
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The applicant's title documents established sole ownership; no evidence of equal contribution or matrimonial property.
Family law – Property ownership – Proof of title and contributions – Trial court factual findings – When appellate interference is justified for failure to consider documentary evidence; matrimonial property and intestate succession.
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10 November 2003 |
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A 20-year sentence for violent aggravated robbery with an imitation firearm was upheld on appeal.
Criminal law — Aggravated robbery — Use of imitation firearm and violence — Severity of sentence — Appellate interference only if sentence wrong in principle or shocking.
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4 November 2003 |
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Failed defences of provocation and intoxication pleaded at trial can amount to extenuating circumstances reducing a death sentence.
Criminal law – sentencing – death penalty – extenuating circumstances – failed defences of provocation and intoxication – appellate consideration of points not raised below – Jack Chanda precedent.
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4 November 2003 |
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4 November 2003 |
| October 2003 |
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Appellate court upheld conversion finding; ordered refund, interest from writ, and remitted business-damage assessment.
Conversion of goods; agency and shipment; appellate review of findings of fact (perversity/absence of evidence); interest from date of writ; remittal for assessment of damages.
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31 October 2003 |
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Advance rent formed valid consideration; sale contract enforceable but specific performance denied on equitable grounds; damages awarded.
Contract law – sale of land – advance rent and payments held as part of same transaction and valid consideration; Statute of Frauds compliance; equitable relief – specific performance refused on grounds of justice and conduct; purchaser's title subject to prior equitable interest; mesne profits reversed.
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31 October 2003 |
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Court granted interlocutory injunction where triable issues (lease v licence) and irreparable business loss made damages inadequate.
Interlocutory injunctions – discretion and principles – irreparable injury and difficulty of assessing damages – balance of convenience – lease versus licence – application of Landlord and Tenant (Business Premises) Act – status quo pending trial.
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29 October 2003 |
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The Court held "no order on costs" referred only to appellate costs and affirmed the respondent must pay the lower-court costs, plus motion costs.
Costs — Interpretation of appellate judgment language — Whether "no order as to costs" on appeal affects costs awarded by the lower court — Appellate jurisdiction to make orders as to costs in lower courts — Rule 48(5) application for interpretation.
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28 October 2003 |
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Appellant’s post-judgment Presidential consent could not revive purchase rights because the property had already been sold.
Property law – Purchase of government pool house – Established resident and civil servant’s entitlement subject to Presidential consent – Effect of caveat on sale and registration – Interpretation and enforcement of prior appellate judgment – Possession orders.
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28 October 2003 |
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Appellant's purchase right contingent on Presidential consent could not override a prior completed sale to an innocent third party.
Land law – Sale of Government pool houses – Established resident and confirmed civil servant – Purchases subject to Presidential consent – Prior sale to innocent third party – Effect of caveat (prevents registration but not conclusion of sale) – Interpretation and application of appellate judgment.
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28 October 2003 |
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Rule 78 permits only correction of clerical slips; it cannot be used to reopen or rehear a concluded appeal.
Civil procedure — Supreme Court Rules, Rule 78 — Scope limited to correction of clerical errors and accidental slips — Not available to reopen, rehear or review final judgments — Finality of litigation.
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28 October 2003 |
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Whether an appellate "no order as to costs" affects costs awarded by the lower court or only costs of the appeal.
Civil procedure – Rule 48(5) Supreme Court Rules – Court interpreting its own judgment – Meaning and scope of "no order as to costs" – Whether appellate costs order affects costs in lower court.
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27 October 2003 |
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Police unlawfully rejected a notified peaceful procession without required written notice; petitioners entitled to damages for breached assembly and expression rights.
Constitutional law — Freedom of expression and assembly — Generous purposive interpretation of rights; Public Order Act s5(7) — requirement of written notice and proposed alternative date; unlawful criminalisation of assemblies; remedies — damages for breach of constitutional rights and false imprisonment; state liability for oppressive policing.
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27 October 2003 |
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Whether an interlocutory injunction should preserve the applicant's occupation pending trial after employer's tenancy expired.
Interlocutory injunctions – preservation of status quo pending trial – occupation by virtue of employment after employer's tenancy expiry – irreparable harm test.
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27 October 2003 |
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Whether identification evidence at a prolonged, well-lit home invasion eliminated the possibility of mistaken identity.
Criminal law — Visual identification — Reliability of identification in prolonged, well-lit home invasion; effect of pre-parade photographs; contradictions in witness accounts; alibi rejected; convictions for murder and aggravated robbery upheld; mandatory death sentence confirmed.
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21 October 2003 |
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Zambian courts may try nationals for offences abroad under s.6(1); a single reliable identifying witness can support conviction.
Criminal jurisdiction — extraterritorial offences — Penal Code s.6(1) — Pedicle road context; Evidence — single identifying witness — danger of mistaken identity; Corroboration and admissibility of investigative evidence.
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20 October 2003 |
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Management-implemented conditions of service applied; post-retirement board nullification was not retrospective and respondent entitled to purchase vehicle.
Employment law – conditions of service – management implementation of conditions – effect of subsequent board nullification – retrospective effect – entitlement to purchase personal-to-holder vehicle.
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17 October 2003 |
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The respondent was entitled to buy his employer‑allocated vehicle under implemented 1999 conditions despite later nullification.
Employment law – conditions of service – implementation by management vs Board approval – estoppel and bad faith nullification – retroactivity – entitlement to purchase employer‑allocated vehicle on retirement.
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17 October 2003 |
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Entry and seizure by tax officers without a s.38(2) warrant constituted illegal search and trespass, entitling respondents to damages.
Tax law – Value Added Tax Act s.38(1) v s.38(2) – requirement of magistrate-issued warrant for searches – seizure of documents – trespass and damages; statutory interpretation – singular includes plural (Interpretation and General Provisions Act s.4(3)); assessment of quantum before Deputy Registrar.
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17 October 2003 |
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15 October 2003 |
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Multiple consistent eyewitness identifications and corroborating recoveries sustained the robbery conviction; appeal dismissed.
Criminal law — aggravated robbery — eyewitness identification — identification parade — reliability and opportunity to observe — evaluation of totality of evidence — effect of flawed witness evidence on conviction.
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7 October 2003 |
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Applicant’s challenge to interlocutory orders dismissed for insufficient material; executed judgment stands until varied on review or appeal.
Civil procedure – stay of execution – execution already carried out; nothing to stay – Order 39 review powers – re-opening and receiving fresh evidence – defective affidavits by counsel and insufficiency of notice for preliminary objection.
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1 October 2003 |
| September 2003 |
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Consent order limited to that cause does not bar fresh claims for mesne profits or rent where defendant remained in occupation until court order.
Procedure — Consent order — Effect of consent order limited to the cause in which made; does not bar fresh action on matters not consented to. Landlord & tenant/Property — Mesne profits/occupation charges — entitlement where defendant remains in possession until court-ordered vacation despite lack of new lease. Civil procedure — Order 113 not a bar to subsequent remedies not agreed in consent order.
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26 September 2003 |
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Consent order for possession did not bar subsequent claim for mesne profits; plaintiffs entitled to occupation charges for period of continued occupation.
Civil procedure – consent order – scope and effect of consent orders; property law – mesne profits/occupation charges – recoverability where occupant remains after change of ownership; tenancy – absence of fresh lease does not bar claim for occupation charges where possession retained without payment to new owner.
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26 September 2003 |
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Appellant’s election annulled for committing an illegal practice by publishing false statements that the rival party had dissolved.
Election law – illegal practice – Regulation 56(1) (publication of false statement of withdrawal/party dissolution) – attribution to candidate/agents – procedural fairness in election petitions – Article 72(2) limit to appeals (questions of law only).
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24 September 2003 |
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Proof of a single corrupt or illegal act by the applicant can void the election.
Election law – Election petition – Standard of proof higher than balance of probabilities but less than beyond reasonable doubt; proof of any one corrupt or illegal practice suffices to void an election; misuse of public resources (drug kits, Constituency Development Fund), government transport and facilities as electoral misconduct.
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23 September 2003 |
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Whether breaches of electoral law and an agent’s alleged intimidation nullified the respondent’s election under section 18.
Electoral law – section 18(2)(b) & (4) – non‑compliance and ‘substantial conformity’ doctrine – effect on election result; Electoral law – section 18(2)(c) – corrupt/illegal practices and agent intimidation; Standard of proof in election petitions – higher standard; Appellate jurisdiction – Article 72 limits review of factual findings.
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23 September 2003 |
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Misuse of state resources and irregular procurement aimed at influencing voters nullified the election under section 18(2)(a) of the Electoral Act.
Electoral law – Election petition – Standard of proof higher than balance of probabilities but less than beyond reasonable doubt – Misuse of public property, transport, drugs and constituency funds – Section 18(2)(a) Electoral Act – Government facilities cannot be authorised for campaigning.
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23 September 2003 |
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A company in liquidation cannot be subjected to execution before liquidation concludes; writs against the liquidator are improper.
Liquidation — Execution stayed until completion of liquidation; writs of fifa against a liquidator improper; creditor ranking and priority; unlawful seizure of non-company property.
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23 September 2003 |
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Compound interest requires express agreement or clear acquiescence; bank penalties for late payment are prohibited.
Banker and customer – Compound interest requires express agreement or clear acquiescence/custom; vague "bank practice" clause insufficient; Banking and Financial Services (Cost of Borrowing) Regulations prohibit penalties or charges for late repayments; courts to award realistic interest guided by prevailing commercial practice.
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18 September 2003 |
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17 September 2003 |
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17 September 2003 |