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Citation
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Judgment date
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| December 2005 |
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A spouse’s monetary contributions and improvements can give rise to an equitable share in the matrimonial home despite title being in the other spouse’s name.
Matrimonial property — beneficial interest — contributions to purchase and improvements — relevance of legal title and earning capacity — valuation and equitable division; Vehicle as matrimonial asset — sale and equal division of proceeds.
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30 December 2005 |
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Appeal by the applicant against conviction and 20-year sentence for defilement dismissed; child evidence adequately corroborated.
Criminal law – Defilement – Corroboration of child evidence – Medical evidence – Identification by complainant – Statutory proviso relating to reasonable belief as to age – Sentence appropriateness.
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6 December 2005 |
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Using a prescribed special procedure is mandatory; commencing under the wrong procedure renders proceedings a nullity and requires fresh start.
Civil procedure — Commencement of action — Special procedure under Rules of Court — Order 113 — Wrong procedure used — Effect of procedural defect — Nullity — Allowing proceedings to advance without correction — Fresh commencement required.
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6 December 2005 |
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Retirement age and full‑time secondment to a union preclude entitlement to six months' notice or claimed under‑payment of terminal benefits.
Employment law – retirement age and notice entitlement; secondment and change of employer status; terminal benefits – burden of proof for alleged under‑payment; appraisal notches and entitlement after termination; claim for double recovery disallowed.
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6 December 2005 |
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Pre-liquidation judgments do not bind the liquidator; continuation requires leave and debts must be proved and ranked in liquidation.
Company law — Liquidation — Continuation of pre-liquidation proceedings requires High Court leave (s.281) — Proof, admission and ranking of debts under liquidation rules — Pre-winding priority orders do not automatically bind liquidator — Whether redundancy pay qualifies as "workers' compensation" under s.346(1)(d).
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2 December 2005 |
| November 2005 |
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Employees on early retirement kept contractual notice entitlements; profit sharing due unless Respondent proves payment; pension and long service claims dismissed.
Employment law — early retirement and termination — whether employees validly waived contractual notice rights — payment in lieu of notice; Profit‑sharing entitlements — evidential burden to prove payment; Pension law — employer contributions payable only on normal retirement; Interest on awards — conformity with Judgments Act.
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30 November 2005 |
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Whether retrenched employees’ repatriation entitlements are governed by the 1993 surplus-labour circular or the 1992 ZIMCO Conditions of Service.
Employment law – retrenchment vs retirement – applicability of ZIMCO Conditions of Service (1992) v 1993 surplus-labour circular; interpretation of contractual repatriation entitlements; measure and rate of interest on arrears.
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29 November 2005 |
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Lands Tribunal lacks jurisdiction to cancel registered title; wrongful-seizure damages measured at value at time of loss with specified interest rates.
Lands law — jurisdiction of Lands Tribunal — limitation where certificate of title issued; Civil damages — wrongful seizure — measure of loss is value at time of seizure; Interest — short-term deposit rate pre-judgment, Bank of Zambia average lending rate post-judgment.
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29 November 2005 |
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Court reduced excessive solatium, remitted dependency assessment for proper multiplicand/multiplier calculation, upheld funeral expenses and corrected interest rate.
Fatal Accidents Act — assessment of dependency damages — need to determine multiplicand and multiplier and apportion awards to dependants; Law Reform (Miscellaneous Provisions) Act — loss of expectation of life (solatium) — awards are modest; Judgment Act — appropriate interest rates on judgment; funeral expenses — oral evidence may suffice.
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29 November 2005 |
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Whether courts may award interest on unpaid solicitors' bills absent agreement and whether reopening judgment was proper.
Civil procedure — Order 39 review powers; Solicitors' costs — interest on unpaid bills in contentious business; Halsbury's Laws para 232; effect of taxation demand on date interest runs.
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24 November 2005 |
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Whether allowances must be included in basic pay for severance and whether a prior consent settlement extinguished related claims.
Employment law — computation of terminal/retirement benefits — applicability of conditions of service at separation — incorporation of cash and in-kind allowances into basic pay only where conditions so provide — effect of consent settlement extinguishing prior claims.
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24 November 2005 |
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Appellate court refused to set aside a consent judgment absent fraud, capacity or undue influence, corrected purchase price and found it paid.
Civil procedure – consent judgment – setting aside – will only be set aside on proper grounds (fraud, mistake); change of advocate does not vitiate consent judgment. Capacity – medical report and witness evidence must prove impairment at the material time to impeach consent. Undue influence/duress – requires clear evidence. Property/agency – unexecuted/unregistered power of attorney confers no proprietary interest. Contract interpretation – correction of currency/amount and proof of payment.
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22 November 2005 |
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Appeal dismissed: Supreme Court will not revisit pure factual findings and former employee not entitled to buy company house.
Industrial and Labour Relations Act s97 – appeal to Supreme Court limited to points of law or mixed law and fact; appellate deference to trial court findings of fact; disciplinary dismissal – compliance with disciplinary procedures; entitlement to purchase company houses – effect of policy date and injunctional occupation; enforcement of undertakings in injunctions.
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22 November 2005 |
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Consent judgment upheld: no proven incapacity, undue influence, or fatal procedural defect; purchase price corrected and paid.
Civil procedure – consent judgment – setting aside – client may change advocate; consent impugned only for fraud, mistake, incapacity or undue influence; burden to prove mental incapacity; findings of fact on application of proceeds not lightly disturbed; correction of currency/amount on cross-appeal.
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22 November 2005 |
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Judgment given without notice or hearing; appeal allowed and retrial ordered to decide the matter on its merits.
Labour law – wrongful dismissal; procedural fairness – failure to notify parties and hearing in absence; judgment without considering respondent’s answer; retrial ordered.
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14 November 2005 |
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Appellant not validly appointed as provisional liquidator or "liquidation manager"; lower court order quashed.
Companies law – appointment of provisional liquidator and special manager – distinction between voluntary creditors' winding up and court-ordered winding up – validity of acts of purported liquidator – Section 280, Section 297, Section 333(1).
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11 November 2005 |
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Whether staff were entitled to higher terminal benefits under Cabinet circulars or the respondent’s own retirement circular.
Employment / Public sector – early retirement and terminal benefits – applicability of Cabinet Office circulars versus employer’s own retirement circular – burden and standard of proof – weight of payment vouchers and accounting explanations for schedule discrepancies.
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11 November 2005 |
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11 November 2005 |
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Deputy Registrar improperly rubber-stamped accountants' reconciliation; fresh supervised audit required and only actual government indemnity credited.
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11 November 2005 |
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Employer liable for negligent resumption of mining work in a known volatile area; inevitable accident defence rejected; damages awarded.
Employer’s duty of care in hazardous operations – breach of Mining Regulation 402 – foreseeability of industrial accidents – defence of inevitable accident/act of God and burden of proof – res ipsa loquitur – deduction of insurance payments from dependency awards.
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11 November 2005 |
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A person who merely held himself out as provisional liquidator lacked legal appointment and locus to be ordered to deliver liquidation records.
Companies Act — appointment of provisional liquidator (s.280) requires court order — no statutory office of "liquidation manager" (compare s.297 special manager) — acts of unappointed person not validated under s.333(1) where no accepted appointment — locus to be sued — delivery of liquidation records.
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11 November 2005 |
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Court held that a defensive pleading did not admit liability and vacated judgment on admission, ordering a retrial.
Civil procedure — Judgment on admission — Whether a paragraph in a defence amounts to an admission — Joining issue and later applying for judgment on admission — Retrial ordered; costs in cause.
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10 November 2005 |
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Judicial review dismissed: Board lawfully replaced an earlier recommendation and awards followed a proper evaluation process; applicants beaten on scores.
Administrative law — Judicial review — procurement/tender awards — procedural impropriety vs merits — replacement of confidential recommendation document — evaluation scores and responsiveness — award valid where decision-making process lawful.
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9 November 2005 |
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Appeal against murder conviction dismissed; conviction affirmed but 20-year sentence set aside and mandatory death sentence imposed.
Criminal law – murder – assessment of credibility – single witness conviction; accomplice/corroboration rules; accidental discharge defence; sentencing – extenuating circumstances and mandatory death penalty; prerogative of mercy.
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1 November 2005 |
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Appeal dismissed: identification by a single witness upheld where prior acquaintance, lighting and prolonged observation excluded honest mistake.
Criminal law – identification evidence – single identifying witness – dangers of mistaken recognition – prior acquaintance and lighting conditions – alibi defences – after‑thoughts; Appeal dismissed.
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1 November 2005 |
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Reliable single-witness identification upheld; death sentence quashed and 20-year terms imposed where firearm not proved.
Criminal law – Aggravated robbery – Identification evidence – Reliance on single identifying witness – Opportunity to observe, prior acquaintance, identification parade and physical corroboration – Honest mistake risk – Sentence: death quashed where no proof of firearm, substituted with long term imprisonment.
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1 November 2005 |
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Single-witness identification corroborated by recovered property upheld conviction; death sentence quashed for lack of proof of firearm.
Criminal law – aggravated robbery – single identifying witness – identification parade – corroboration by recovery of stolen property – insufficiency of proof of firearm under Firearms Act – death sentence quashed – substitution of term of imprisonment.
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1 November 2005 |
| October 2005 |
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Appellate court held trial judge wrongly dismissed the applicant's claim for lack of jurisdiction and remitted it for trial.
Civil procedure – interlocutory relief – refusal of ex parte interim injunction – jurisdictional competence – Industrial Relations Court exclusive jurisdiction – interpretation of collective agreement – procedural fairness and remittal.
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27 October 2005 |
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Appeal dismissed: factual disputes only and sufficient circumstantial evidence upheld the dismissal; each party to bear own costs.
Industrial and Labour Relations Act s.97 – appeals limited to points of law or mixed law and fact; Circumstantial evidence – sufficiency in disciplinary dismissal; Appellate restraint on factual findings; Authority to operate machinery in disciplinary proceedings.
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27 October 2005 |
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Appeal dismissed: factual challenges to a disciplinary theft finding are incompetent under s97; circumstantial evidence sustained dismissal.
Industrial and Labour Relations Act s97 – Appeal limited to points of law or mixed law and fact; Appeal against disciplinary dismissal – findings of fact on theft supported by circumstantial evidence; Appellate restraint – will not disturb lower court's factual findings absent legal question.
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27 October 2005 |
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Industrial Relations Court awards are judgment debts and attract Bank of Zambia interest from commencement to payment.
Industrial Relations Court awards – treated as judgment debts – Section 2 Judgments Act by parity of reasoning – interest at Bank of Zambia short term deposit rate from commencement to judgment and lending rate from judgment to payment – costs awarded to successful appellant.
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21 October 2005 |
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A procedural dismissal for lack of personal service does not discharge guarantors' contractual obligations or release securities.
Guarantee law; service of process; dismissal for defective service; procedural dismissal does not discharge substantive guarantee obligations; security documents not automatically released.
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18 October 2005 |
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Admission of foreign depositions under the Mutual Legal Assistance Act does not inherently violate the accused’s constitutional right to examine witnesses.
Constitutional law — Right to fair trial (Art.18) — Cross‑examination — Admissibility of foreign depositions under Mutual Legal Assistance Act s.38(1) — Hearsay and trial court's discretion.
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18 October 2005 |
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Procedural dismissal for lack of personal service does not discharge guarantors or mandate release of security.
Guarantee enforcement – dismissal for non-personal service – procedural dismissal does not discharge guarantors’ contractual obligations – respondent may re‑institute proceedings – refusal to order release of securities.
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18 October 2005 |
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Appeal allowed: award for loss of business set aside for lack of evidence of licence suspension and inadequate factual basis.
Assessment of damages; proof of loss of business; suspension/revocation of licence; onus of proof; appellate review of factual findings; award set aside for lack of evidence.
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18 October 2005 |
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Loss‑of‑business award set aside because the respondent failed to prove suspension of its licence.
Damages assessment — loss of business — burden to prove licence suspension/revocation — appellate review of factual findings — award set aside for lack of evidence.
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18 October 2005 |
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Proceedings without DPP consent and in a court lacking jurisdiction are null; conviction quashed and retrial ordered.
State Security Act s14 — DPP fiat required for prosecution; jurisdiction — offences triable by High Court under 1973 Order; plea and conviction taken by a court lacking jurisdiction are null and void ab initio; conviction and sentence quashed; retrial ordered.
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16 October 2005 |
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The Lands Tribunal lacks jurisdiction to cancel or rectify registered title; such relief lies exclusively with the High Court.
Land law — Jurisdiction — Lands Tribunal lacks power to cancel or rectify registered title; only High Court may order rectification under s.11(2) Lands and Deeds Registry Act — Re-planning that requires cancelling title deeds is beyond Tribunal's jurisdiction — Proceedings in excess of jurisdiction are a nullity.
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14 October 2005 |
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Failure to serve statutory notice renders vehicle auction illegal; owner recovers landing value reduced by duty and auction proceeds.
Customs and Excise Act – failure to serve statutory notice of seizure – illegal auction of seized goods – adjustment of duty/VAT against sale proceeds – entitlement to recovery and interest – costs awarded to successful importer.
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12 October 2005 |
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Applicant's subsequent dismissal suit barred by res judicata; unfair and wrongful dismissal viewed as same cause of action.
Res judicata – employment law – unfair dismissal and wrongful dismissal – same cause of action – opportunity to recover – Industrial Relations Court may award damages instead of reinstatement.
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5 October 2005 |
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Circumstantial blood evidence and a coherent blood trail established joint culpability and sustained murder convictions.
Criminal law — Circumstantial evidence — Bloodstains and drag trail as core circumstantial links; admissibility and timing of forensic samples; alleged police misconduct and dereliction of duty; joint liability/inference of common design in murder.
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4 October 2005 |
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Seizures under the narcotics statute were valid despite citation to a repealed Act; "property" includes money; civil courts will not halt criminal investigations.
Forfeiture/seizure under narcotics legislation; mistaken citation to repealed Act curable where re‑enactment retains power; "property" includes money; procedural fairness and right to be heard; civil proceedings cannot arrest criminal investigations; recourse to foreign law permissible for comparison.
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4 October 2005 |
| September 2005 |
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Appellant wrongfully dismissed for absenteeism; award increased to 24 months' salary with specified interest and set-off for prior award.
Employment law — Wrongful dismissal for absenteeism — Evidence of prior leave application and notification — Credibility of supervisory witnesses — Assessment of damages for wrongful dismissal — Interest computation and effect of delay in prosecuting appeal.
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23 September 2005 |
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Summary dismissal for emergency absence was wrongful; damages increased to 24 months’ salary with specified interest and costs.
Employment law — wrongful dismissal for absenteeism — compassionate/urgent leave — evidence of leave application and communications — assessment of damages for wrongful dismissal — adequacy of compensation — interest calculation affected by appeal delay.
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23 September 2005 |
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23 September 2005 |
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Appellants’ aggravated robbery convictions upheld on reliable identification; 18‑year sentences confirmed.
Criminal law – aggravated robbery – eyewitness identification (prolonged observation and identification parade) – vehicle recovery and corroboration – sentence appeal – reasonableness of 18‑year sentence given prior convictions and violence.
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6 September 2005 |
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Appeals from assessments by the Industrial Relations Court Registrar lie to the IRC full court, not the Supreme Court.
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6 September 2005 |
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Resignation to avoid disciplinary dismissal does not amount to constructive dismissal; statutory law limits benefits to refund of employee’s pension contributions.
Employment law; resignation versus constructive dismissal; disciplinary proceedings and resignation to avoid dismissal; Local Authorities Superannuation Fund Act s.32 — limitation of benefits where resignation avoids dismissal; entitlement to earned leave pay, half-salary arrears and balance long service bonus; counter-claim and non-joinder of third party.
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6 September 2005 |
| July 2005 |
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A false newspaper report imputing criminal conduct is defamatory; publishers who fail to verify or add identifying words are liable.
Defamation — false publication — imputing criminal conduct to a diplomat — liability of publishers who fail to verify sources and add identifying words — effect of subsequent governmental clarification on damages.
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24 July 2005 |
| June 2005 |
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Consent order’s interest clause enforceable; appellant entitled to set-off for respondent’s post-payment occupation, amount to be determined by Registrar.
Consent order – enforcement and effect – variation by Deputy Registrar – interest at 5% per day enforceable under consent order – payment into court – entitlement to set-off for occupation/rent – promissory estoppel not sustained.
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29 June 2005 |