Results.
16 judgments found.
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| March 2006 |
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Whether properties offered by directors in settlement transferred title absent formal deeds, and whether the claim was statute-barred.
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Exchange Control settlement by surrender of land; written solicitor correspondence as evidence of transfer; apparent authority and estoppel; company internal formalities versus third-party rights; statute of limitations extinguishing land recovery rights; procedure for raising limitation defence.
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29 March 2006 |
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Delay does not justify awarding current value for lost chattels; damages are measured at time of loss, with interest for delay.
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Civil torts — measure of damages — loss of chattels — value at time of loss is the normal measure; delay remediable by interest; awarding current value risks unjust enrichment.
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28 March 2006 |
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Central bank as liquidator owes a statutory and fiduciary duty to return assets and settle fiduciary accounts under s104(3)(a).
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Banking law — Liquidation — Bank of Zambia as liquidator — Section 104(3)(a) Banking and Financial Services Act — obligation to return assets and settle fiduciary accounts — funds in suspense account held as fiduciary — priority/payment of judgment sums.
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28 March 2006 |
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In Commercial List default judgments an applicant must show a prima facie arguable defence on the merits, not merely explanations for default.
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Commercial List — default judgment — setting aside under Order XII, Rule 2 — primary requirement is an arguable defence on the merits supported by prima facie evidence; explanation for default secondary; agency and apparent/ostensible authority established by correspondence; dispute over beneficiary versus principal liability.
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24 March 2006 |
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An appeal adjourned sine die must be restored before seeking dismissal for want of prosecution.
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Civil procedure — Adjournment sine die with liberty to restore — Restoration required before pursuing dismissal for want of prosecution — Notice to proceed (Order 2 r.3 High Court Rules; Order 3 r.6 Rules of Supreme Court) — Dismissal for want of prosecution inadmissible without prior restoration.
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24 March 2006 |
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Joinder to post-judgment Industrial Relations Court proceedings requires a recognised legal interest and timely application; delay and lack of locus standi justify refusal.
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Industrial Relations Court — Joinder of parties — Rule 32 — Locus standi — Post-judgment joinder — Statutory jurisdiction — Discretionary powers — Delay and sleep on rights.
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14 March 2006 |
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A consent judgment can be challenged by a fresh action alleging mistake; trial judge erred in dismissing it as abuse.
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Civil procedure — Consent judgment — Challenge of consent judgment by fresh action on ground of mistake — Proper procedure to impeach consent judgments — High Court jurisdiction — Abuse of process and consolidation.
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14 March 2006 |
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The bank was held liable for payments on forged cheques made without the customers' authority; contributory negligence did not defeat the claim.
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Banking law — forged cheques — bank liability for payments without customer's authority — estoppel and contributory negligence — proximate cause of loss.
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14 March 2006 |
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Dismissal found null and void for lack of proven negligence and inadequate hearing; reinstatement with full backpay replaced by deemed retirement.
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Employment law — unfair dismissal — adequacy of charge and right to be heard under s.26A Employment Act — proof of gross negligence — remedial discretion: reinstatement versus retirement and back pay where long delay occurs.
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14 March 2006 |
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Terminal benefits for unfair dismissal must include allowances and perks, not merely basic salary.
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Employment law — unfair dismissal on racial grounds — damages in lieu of reinstatement — computation of terminal benefits to include allowances and other perks — appellate correction of misapprehension of 'basic salary'.
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14 March 2006 |
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Secondment kept complainant under employer’s disciplinary authority; dismissal upheld and lower court’s judgment set aside.
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Employment law — secondment versus transfer — disciplinary jurisdiction of employer during secondment — admissibility and weight of disciplinary minutes — limits on court review of internal disciplinary findings.
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14 March 2006 |
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An appellate court cannot increase a sentence beyond the trial court's jurisdiction without legally justified exceptional grounds.
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Criminal law — sentence — appellate interference with sentence — wrong in principle; manifestly excessive or totally inadequate; exceptional circumstances — limits of sentencing jurisdiction — appellate court cannot impose sentence beyond trial court's power — attempted rape sentence.
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8 March 2006 |
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Whether a first offender who pleads guilty to defilement should receive leniency where an initial sentence is manifestly excessive.
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Criminal law — Defilement — Sentence — First offender and guilty plea as mitigating factors — Courts must individualize sentences and avoid being swayed by public sentiment — Manifestly excessive sentence substituted.
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8 March 2006 |
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An appellant who pays required security and fees cannot be penalised for delays in record transmission for which the court is responsible.
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Civil procedure — security for costs and fees for record transmission — duty of court to prepare and transmit record — improper to set down appeal before receipt of record — costs order set aside.
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8 March 2006 |
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A customary-law surviving spouse is a beneficiary entitled to custody and trusteeship of minors' shares; administrator cannot unilaterally assume guardianship.
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Intestate succession — customary marriage — credibility findings in customary marriage disputes — surviving spouse and beneficiaries under Intestate Succession Act (s.5) — minors' shares held in trust by parent or guardian (s.5(2)) — administrator duties and limits — guardianship appointment by court (s.32) — prohibition on administrator deriving pecuniary advantage (s.34(1)).
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7 March 2006 |
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Rule 78 cannot be used to re-argue a disposed appeal; motion dismissed, no order as to costs.
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Civil procedure — Rule 78 (correction of clerical error, slip or omission) — Rule limited to clerical corrections and cannot be used to re-open or re-argue a finally decided appeal — motion dismissed; no order as to costs.
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3 March 2006 |