Results.
18 judgments found.
|
|
|
| October 2003 |
|
|
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.
|
31 October 2003 |
|
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.
|
31 October 2003 |
|
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.
|
29 October 2003 |
|
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.
|
28 October 2003 |
|
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.
|
28 October 2003 |
|
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.
|
28 October 2003 |
|
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.
|
28 October 2003 |
|
The court held that "no order on costs" applied only to the appeal, leaving the High Court's costs award intact; respondent condemned in costs.
-
Civil procedure — Interpretation of appellate judgments — Rule 48(5) Supreme Court Rules — "No order as to costs" construed as applying to costs of appeal only, not to costs awarded by the court below — Court’s power to interpret and order costs under Rule 77
|
27 October 2003 |
|
Police unlawfully rejected a procession notification, infringing assembly and expression rights; petitioners awarded damages.
-
Constitutional law — Freedom of expression and assembly — Generous, purposive interpretation — Public Order Act: invalid police rejection of notification — Unlawful criminalisation of peaceful assembly — Damages for false imprisonment and humiliation
|
27 October 2003 |
|
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.
|
27 October 2003 |
|
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.
|
21 October 2003 |
|
Zambia may try Pedicle offences; convictions can stand on a reliable single identifying witness with corroboration.
-
Jurisdiction — Extraterritorial application of Penal Code s.6(1) — Pedicle offences — Single identifying witness — Corroboration and safety of conviction — Police investigation objections
|
20 October 2003 |
|
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.
|
17 October 2003 |
|
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.
|
17 October 2003 |
|
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.
|
17 October 2003 |
|
|
15 October 2003 |
|
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.
|
7 October 2003 |
|
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.
|
1 October 2003 |