Results.
6 judgments found.
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| January 2004 |
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Applicant must establish to the High Court that venue change is warranted; assertions alone are insufficient; appeal dismissed.
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Criminal procedure — Change of venue under Section 80 — ‘‘made to appear’’ requires establishment to court’s satisfaction; Article 18(1) — fair trial guaranteed in all courts; questions of fact (e.g., public‑servant status) are evidence issues for trial; National Assembly resolution lifting immunity permits prosecution; potential prejudice to co‑accused relevant to transfer.
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27 January 2004 |
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Statute against retrospective application: retrenchees not entitled to Section 26(B)(3) benefits; repatriation capped at 50%; interest per Judgment Act.
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Employment law — retrospectivity of statute — Section 26(B)(3) Employment (Amendment) Act — presumption against retrospective application; Notice period and Lukama principle; Computation of terminal benefits on conditions and salary at termination; Repatriation allowance capped at statutory/contractual rate; Interest under Judgment Act (Bank of Zambia deposit then lending rate).
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21 January 2004 |
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A replaced "cleaned up" document altering quantity amounted to a counter-offer, so no contract arose and silence was not acceptance.
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Contract law — offer and acceptance — counter-offer rejects original offer (Hyde v Wrench) — silence not acceptance — appellate deference to trial findings (Nkhata) — quantity as fundamental term.
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13 January 2004 |
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Specific performance granted where purchaser had priority and buyer’s notice imputed via shared advocates; appeal dismissed.
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Property law — sale of land and specific performance; constructive/agency notice where same advocate acts for both sides; disposal of an interest by a tenant; procedure—trial in absentia and counsel's responsibility; pleadings—claim for improvements must be pleaded.
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13 January 2004 |
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Specific performance affirmed where later purchaser had constructive notice via shared solicitors; advocates' conflict condemned and costs ordered.
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Land law — caveat and equitable interests — constructive notice imputed to agents; specific performance for sale of land; vendor as sitting tenant disposing of an interest; professional ethics — solicitors' conflict of interest; costs against advocates
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12 January 2004 |
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Failure to state reasons does not automatically void termination; employee must be given opportunity to be heard; notice clause may be validly exercised.
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Employment law — Section 26A Employment Act and ILO Convention No.158 — requirement to afford opportunity to be heard, not to give reasons — exercise of contractual notice clause — suspension on suspicion of fraud — termination lawful.
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12 January 2004 |