Results.
19 judgments found.
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| May 2003 |
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Whether the appellant could claim compound interest or was bound by a 67% simple interest rate agreed with the respondent.
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Contract law — Loan agreements — Interest: distinction between compound and simple interest; requirement of express agreement for compound interest; appellate review of factual findings based on affidavit and documentary evidence; reliance on exhibited letters to establish prevailing interest rates.
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28 May 2003 |
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Whether compound interest applied and proper simple interest rate on reconstituted loan; appellate review of factual findings.
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Contract/Loan agreements — Interest — In absence of express agreement, compound interest disallowed; simple interest applies — Determination of appropriate rate by weighing affidavit evidence and exhibits — Appellate review limited where factual findings are supported by evidence.
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28 May 2003 |
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Actions raising common questions may be consolidated; counsel who forum shop can be ordered to pay costs.
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Civil procedure — Consolidation of actions — Common questions of law or fact — Avoidance of multiplicity — Abuse of process/forum shopping — Counsel liable for costs
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28 May 2003 |
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Bank liable only if circumstances ought to have put bankers on inquiry; ordinary verification standard applies, customer’s lack of diligence precludes forgery defence.
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Banking law — forged cheques — banker’s duty limited to ordinary standard of verification — negligence tested by whether circumstances should have put bank on inquiry — customer’s failure to reconcile accounts may preclude setting up forgery (Bills of Exchange Act s.24)
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27 May 2003 |
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A party’s public comments on pending court evidence amounted to contempt; fined three million Kwacha or three months imprisonment.
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Contempt of court — prejudicial public comment on pending litigation — party to proceedings abusing press statements — administration of justice — Attorney-General v Times Newspapers applied.
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15 May 2003 |
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A party's public comments prejudging evidence in ongoing proceedings constitute contempt and attract fine or imprisonment.
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Contempt of court — publication prejudging pending litigation; 'trial by newspaper' — comments on evidence before a court; party to proceedings — aggravated conduct; sanction: fine with committal alternative.
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15 May 2003 |
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Early retirement under a lawful reorganisation upheld; no accrued right to buy staff housing; appeal dismissed, no costs.
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Employment law — early retirement and reorganisation — service regulation permitting discharge for abolition/re-organisation; Conditions of service vs. pension scheme integration; Procedural compliance in staff restructuring; Staff housing — entitlement to purchase on cessation of employment; Evidence — reliance on unpleaded claims and parties’ own evidence for mesne profits.
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15 May 2003 |
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Early retirement pursuant to organizational restructuring upheld; no accrued right to purchase employer house; appeal dismissed.
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Employment law — early retirement under restructuring — Service Regulations (abolition/reorganisation clause) — contractual pension scheme and employer consent — accrued right to purchase employer housing — mesne profits evidence and pleading requirements.
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15 May 2003 |
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The applicant’s challenge failed: a writ may be accompanied by a full statement of claim instead of endorsement.
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Civil procedure — Writ of summons — Endorsement of claim — Order VI r1(1) High Court Rules (S.I
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No. 11 of 1997) — A writ may be endorsed with or accompanied by a full statement of claim — setting aside writ for non-endorsement
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14 May 2003 |
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A writ accompanied by a full statement of claim is valid; non‑endorsement alone does not justify setting aside.
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Civil procedure — Writ of summons — Endorsement versus annexure of statement of claim — Order VI Rule 1(1) High Court Rules (as amended by SI No. 71 of 1997) permits commencement by writ endorsed with or accompanied by full statement of claim — non‑endorsement alone not an irregularity warranting setting aside writ.
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14 May 2003 |
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An unregistered collective agreement not approved by the Minister has no legal effect; appeal allowed with costs.
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Collective agreements — Registration and Ministerial approval — Sections 68, 70, 71 Industrial and Labour Relations Act — Unregistered collective agreement has no legal force — Labour Commissioner’s limited role — Minister’s discretion to refuse registration where implementation is not feasible.
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14 May 2003 |
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No valid contract for 775 hectares due to discrepancies, but appellant entitled to compensation for bona fide improvements.
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Property law — Sale of land — Essential terms (price and area) — Lack of agreement defeats contract; Equity — Unjust enrichment — Compensation for bona fide improvements by an intending purchaser; Unclean hands — limits on equitable relief.
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14 May 2003 |
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Interim mandatory injunction to reconnect electricity set aside where respondent was in arrears and had dishonoured payment cheques.
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Civil procedure — Interim/mandatory injunctions — Equitable discretion — Electricity supply and disconnection — Non-payment and dishonoured cheques — Balance of convenience.
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14 May 2003 |
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Suspension of a Member for comments made outside Parliament violated constitutional freedom of expression; oath does not justify such suspension.
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Constitutional law — freedom of expression (Article 20) — limits and derogations — Oath of Allegiance — parliamentary privilege and contempt — High Court jurisdiction to review Parliamentary disciplinary decisions — National Assembly (Powers and Privileges) Act, Cap 12.
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13 May 2003 |
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An unregistered collective agreement has no legal force; ministerial approval is required before enforcement.
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Employment law — Industrial and Labour Relations Act — registration of collective agreements — effect of non-registration; Minister's role under s.71; Labour Commissioner’s limits; enforceability of unregistered collective agreements
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13 May 2003 |
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Parliament may not discipline an MP for opinions expressed outside Parliament unrelated to its proceedings; the oath does not fetter that freedom.
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Constitutional law — Freedom of expression (Article 20) — Parliamentary privilege — Whether statements made outside Parliament constitute contempt — Oath of allegiance does not derogate Article 20 rights — Judicial review of parliamentary disciplinary action
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12 May 2003 |
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An appellate court will not disturb trial credibility findings absent manifest misdirection; appeal dismissed with costs.
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Civil procedure — Appeal — Findings of fact and credibility — Appellate restraint where trial court assesses demeanour; to interfere only if manifestly misdirected; oral contract; payment in kind; double express charge.
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12 May 2003 |
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Appellate court refuses to disturb trial court's credibility findings on an oral contract and double express charge; appeal dismissed.
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Civil procedure — Appeal from findings of fact — Appellate court will not interfere with trial court's credibility assessments absent manifest misdirection; oral contract and agreed double express charge upheld.
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12 May 2003 |
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Appeal allowed: writ was not irregular, issues are triable, and mesne profits were prematurely ordered before ownership determined.
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Civil procedure — setting aside writ — locus standi — triable issues vs summary disposal under Order 2 — mesne profits premature prior to determination of ownership.
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9 May 2003 |