Results.
12 judgments found.
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| April 2004 |
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Letter of offer plus acknowledged part payment can satisfy Statute of Frauds; specific performance appropriate despite lack of immediate title.
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Contract for sale of land — letter of offer and part payment as memorandum under Statute of Frauds — part performance — lack of title or State consent not pleaded or proved — specific performance preferred to damages.
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30 April 2004 |
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Part payment and a written offer constituted a binding sale of land; specific performance granted despite lack of signed contract or registered title.
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Contract for sale of land — Statute of Frauds (s.4) — letter as sufficient memorandum — part performance — specific performance vs damages — nemo dat quod non habet — State consent to assign not established.
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30 April 2004 |
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Whether the wildlife authority, not the tender board, had power to award hunting concessions; lease options frustrated.
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Administrative law — Judicial review — Procurement and delegation — Statutory authority to grant concessions vested in wildlife authority — Tender board’s role to process/approve and grant authority — Lease frustration by executive ban — Evaluation and natural justice in tendering.
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26 April 2004 |
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Slip-rule correction granted to add pleaded interest; Kwacha and dollar interest rates and commencement dates specified.
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Civil procedure — Slip Rule (Rule 78/Order 20 Rule 11) — correction of judgment to include pleaded interest; interest on damages — commencement date and applicable rates for Kwacha and foreign currency.
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19 April 2004 |
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Demotion lacking rational grounds or fair hearing is wrongful; reinstatement may be ordered in public-company employment disputes.
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Employment law — wrongful demotion — rational basis for adverse action — natural justice/hearing before demotion — remedies: reinstatement versus damages — applicability in public companies/conglomerates.
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7 April 2004 |
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Complainant's visual identification upheld; appeal against aggravated robbery conviction dismissed.
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Criminal law — Aggravated robbery — Visual identification — Identification parade — Weight and reliability of identification evidence — Appellate review — Acquittal of co‑accused not determinative for other accused.
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6 April 2004 |
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6 April 2004 |
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6 April 2004 |
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A review court may not increase sentences beyond a trial court's jurisdiction; concurrent sentences apply for a single course of conduct.
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Criminal law — Sentencing on review — Improper to enhance a sentence merely because the reviewing court would have imposed a greater sentence — Review court cannot exceed trial court's sentencing jurisdiction; Criminal law — Multiple offences constituting a single course of conduct — Sentences should normally run concurrently; appellate intervention where sentence shocks the conscience.
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6 April 2004 |
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Whether purported renewals were genuine employment contracts or sham documents to procure immigration permits.
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Employment law — validity of contract renewals — alleged sham contracts to procure immigration permits — credibility of witnesses and payroll records — appellate restraint on factual findings; Employment Act s.48 (wages).
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2 April 2004 |
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The appellant’s alleged contract extensions were invalid, intended to secure an immigration permit, leaving only the first contract entitlements enforceable.
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Employment law — validity of purported contract extensions; credibility of payroll and corporate records; contracts used to obtain immigration permits; Employment Act s.48 and requirement for wage payment.
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2 April 2004 |
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Court dismissed appeal, restored Deputy Registrar's property awards and set aside vague equal-sharing and building orders.
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Family law — Matrimonial property settlement; characterization of matrimonial home; division of sold/consumed assets; restoration of Deputy Registrar's awards; vagueness of building order; credibility findings on alleged substance abuse.
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2 April 2004 |