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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 |