Results.
14 judgments found.
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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.
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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.
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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.
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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.
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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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An employer may validly rely on a contractual notice clause; statute only requires an opportunity to be heard, not reasons for termination.
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Employment law — Termination — Statutory right to be heard does not equate to a requirement to give reasons — Valid exercise of contractual notice clause — Suspension on suspicion of fraud — Remedies for wrongful dismissal
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16 December 2003 |
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Appeal dismissed: reliable identification and recent possession supported aggravated robbery convictions.
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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.
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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.
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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.
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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.
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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.
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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 |