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Citation
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Judgment date
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| 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 |