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Citation
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Judgment date
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| September 2003 |
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Consent order limited to that cause does not bar fresh claims for mesne profits or rent where defendant remained in occupation until court order.
Procedure — Consent order — Effect of consent order limited to the cause in which made; does not bar fresh action on matters not consented to. Landlord & tenant/Property — Mesne profits/occupation charges — entitlement where defendant remains in possession until court-ordered vacation despite lack of new lease. Civil procedure — Order 113 not a bar to subsequent remedies not agreed in consent order
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26 September 2003 |
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Consent order for possession did not bar subsequent claim for mesne profits; plaintiffs entitled to occupation charges for period of continued occupation.
Civil procedure – consent order – scope and effect of consent orders; property law – mesne profits/occupation charges – recoverability where occupant remains after change of ownership; tenancy – absence of fresh lease does not bar claim for occupation charges where possession retained without payment to new owner.
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26 September 2003 |
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Appellant’s election annulled for committing an illegal practice by publishing false statements that the rival party had dissolved.
Election law – illegal practice – Regulation 56(1) (publication of false statement of withdrawal/party dissolution) – attribution to candidate/agents – procedural fairness in election petitions – Article 72(2) limit to appeals (questions of law only).
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24 September 2003 |
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Proof of a single corrupt or illegal act by the applicant can void the election.
Election law – Election petition – Standard of proof higher than balance of probabilities but less than beyond reasonable doubt; proof of any one corrupt or illegal practice suffices to void an election; misuse of public resources (drug kits, Constituency Development Fund), government transport and facilities as electoral misconduct.
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23 September 2003 |
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Whether breaches of electoral law and an agent’s alleged intimidation nullified the respondent’s election under section 18.
Electoral law – section 18(2)(b) & (4) – non‑compliance and ‘substantial conformity’ doctrine – effect on election result; Electoral law – section 18(2)(c) – corrupt/illegal practices and agent intimidation; Standard of proof in election petitions – higher standard; Appellate jurisdiction – Article 72 limits review of factual findings.
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23 September 2003 |
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Misuse of state resources and irregular procurement aimed at influencing voters nullified the election under section 18(2)(a) of the Electoral Act.
Electoral law – Election petition – Standard of proof higher than balance of probabilities but less than beyond reasonable doubt – Misuse of public property, transport, drugs and constituency funds – Section 18(2)(a) Electoral Act – Government facilities cannot be authorised for campaigning.
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23 September 2003 |
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A company in liquidation cannot be subjected to execution before liquidation concludes; writs against the liquidator are improper.
Liquidation — Execution stayed until completion of liquidation; writs of fifa against a liquidator improper; creditor ranking and priority; unlawful seizure of non-company property.
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23 September 2003 |
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Compound interest requires express agreement or clear acquiescence; bank penalties for late payment are prohibited.
Banker and customer – Compound interest requires express agreement or clear acquiescence/custom; vague "bank practice" clause insufficient; Banking and Financial Services (Cost of Borrowing) Regulations prohibit penalties or charges for late repayments; courts to award realistic interest guided by prevailing commercial practice.
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18 September 2003 |
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17 September 2003 |
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17 September 2003 |
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Application to correct judgment under Rule 78 denied; retrial order was intentional, not an accidental slip.
Civil procedure — Correction of judgments — Rule 78 and inherent jurisdiction — Scope limited to accidental slips expressing manifest intention — Cannot vary judgment for errors of law or mere dissatisfaction — Power to order new trial (s.25 Supreme Court Act) — Distinction from rescission where procedural unfairness or bias established.
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16 September 2003 |
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The applicant's slip-rule bid to replace an ordered retrial with dismissal was refused for lack of any accidental error.
Civil procedure – Rule 78 (slip rule) – correction of accidental errors or omissions in judgment – inherent jurisdiction to vary orders – limits on varying a deliberate appellate decision – severance of issues and ordering of retrial.
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15 September 2003 |
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Appellant awarded assessed exchange-loss converted to pounds with LIBOR interest where contract was not a Kwacha transaction.
Contract and currency – assessment of exchange-loss arising from devaluation – consent order directing Deputy Registrar – transaction held not to be Kwacha transaction – acceptance of uncontradicted expert quantification – conversion to Pounds and LIBOR interest ordered.
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9 September 2003 |
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Appeal dismissed: Board‑approved negotiated redundancy package valid; unauthorized allowance increases not payable; interest discretionary.
Employment law – redundancy/retrenchment – validity and effect of Board‑approved packages – statutory requirement for Board approval of salary/allowance variations – discretion to award interest – pleadings and scope of appeal – repayment of pension contributions and repatriation allowances.
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9 September 2003 |
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Where liability is found but special damages are unproven, assessment may be remitted to the Deputy Registrar.
Civil procedure — Order 39 review applications — requirement to show evidence is fresh (ZCCM v Moffat Sinkala) — proof of special damages — referral to Deputy Registrar for assessment where liability established but special damages unproven.
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9 September 2003 |
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Resignation to avoid disciplinary dismissal is not constructive dismissal; statute limits pensionary recovery to refund of member contributions.
Employment law – resignation to avoid disciplinary dismissal does not constitute constructive dismissal; LASF Act s32 limits benefits for resignation to avoid dismissal to refund of member's contributions; entitlement to retirement/pension depends on pensionable age and statutory amendments; withholding terminal benefits and counter-claim procedural requirements.
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6 September 2003 |
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Appeals dismissed: insufficient evidence for extra allowances and judgment satisfied by execution; separate action was abuse of process.
Civil procedure — assessment of damages; execution as satisfaction of judgment; entitlement to allowances — requirement of evidence; abuse of process — multiplicity of actions on same subject; incorporation of perquisites into salary depends on contractual/administrative directives.
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5 September 2003 |
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3 September 2003 |
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The appellant's challenge to aggravated robbery conviction and mandatory 15-year sentence was dismissed after he was found to be an adult.
Criminal law – aggravated robbery – identification by victim and possession of stolen property – conviction upheld; Mandatory minimum sentence – 15 years – no appeal lies; Juvenile status – medical and social welfare evidence determinative.
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3 September 2003 |
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Whether the IRC may rely on untested affidavit evidence and whether the appellant rebutted gross negligence and proved wrongful or discriminatory dismissal.
Industrial relations – admissibility of affidavit evidence – Rule 64 IRC – Court of substantial justice and section 85(5) – weighing untested affidavit and viva voce evidence; Employment law – standard of proof in civil dismissal disputes – balance of probabilities; Employment law – gross negligence of duty – burden to rebut and appellate review of factual findings; Employment law – constructive dismissal vs. actual dismissal; Remedies – salary arrears, pension contributions, redundancy-equivalent claims – factual onus.
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2 September 2003 |
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Appeal dismissed: IRC’s factual finding of lawful dismissal for false accounting was supported by evidence, falling outside this Court’s jurisdiction.
Labour law – dismissal for false accounting – findings of fact by Industrial Relations Court – appellate jurisdiction under section 97 ILR Act – factual findings reviewable only if unsupported or perverse – procedural fairness (ZIMCO conditions) not determinative where substantive misconduct proved.
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2 September 2003 |
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2 September 2003 |
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A party defending a petition discontinued by the other is entitled to costs and a subsequent similar petition may be stayed until those costs are paid.
Election law – costs on discontinuance of petition; High Court Rules Order XVII r.2 – stay of subsequent suit until costs paid; duplicative election petitions; civil procedure – costs and stay.
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2 September 2003 |
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Action dismissed for want of prosecution after inordinate delay caused prejudice; issues of illegality and accord and satisfaction reserved for trial.
Civil procedure — Restoration to active cause list — Dismissal for want of prosecution — Inordinate and inexcusable delay causing prejudice — Substitution of parties where defendants died — Illegality and accord and satisfaction are triable issues.
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2 September 2003 |
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Post‑termination circulars cannot confer benefits on a dismissed employee; employer must refund retained security; gratuity is tax‑free.
Employment law – wrongful dismissal declared a nullity; refund of employer-retained security even if not pleaded; post-termination changes to conditions of service do not confer benefits; redundancy/surplus-labour circular inapplicable to dismissed employee; long service gratuity tax-free under conditions of service.
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2 September 2003 |