Results.
16 judgments found.
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| June 2006 |
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Whether a sitting tenant has an exclusive right to purchase adjacent subdivided council property offered for public sale.
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Land law — Local authority subdivision and sale of council land — Interpretation of council resolution — Whether sales restricted to sitting tenants — Validity of offer to third party purchaser.
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27 June 2006 |
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A liquidator must note contingent claims but unsecured contingent creditors cannot obtain interim priority or block distributions under Sections 345–346.
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Company law — Liquidation — Contingent and unascertained claims (s.345) — Order of priority of creditors (s.346) — Unsecured creditor’s rights — Mareva/freeze injunction — Interlocutory restraint on distributions.
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27 June 2006 |
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Employer justified in dismissing employees for unexplained diesel loss despite procedural breaches.
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Employment law — Dismissal for negligence — Missing fuel loss (500 litres) — Proof and burden of loss — Procedural irregularities in disciplinary process — Natural justice — Zambia National Provident Fund v Chirwa principle.
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7 June 2006 |
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Applicant's Rule 78 motion to correct judgment over alleged omission about purchasing occupied house dismissed as meritless.
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Civil procedure — Rule 78 Supreme Court Rules — correction of judgment for omissions or incidental slips — appellate court bound by record of appeal — documents produced after lower court judgment inadmissible to justify correction — Rule 78 not a vehicle to re-litigate decided issues.
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7 June 2006 |
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Motion to correct judgment under Rule 78 dismissed; court refused to reopen substantive issues beyond the record.
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Civil procedure — Correction of judgment under Rule 78 — Alleged omissions/incidental slips — Appellate review confined to record — Fresh evidence not receivable via Rule 78 — Rule 78 not a means to relitigate substantive issues — No costs where respondent did not oppose.
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7 June 2006 |
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Confirming court cannot increase a subordinate magistrate's maximum sentence; consecutive terms upheld for separate child victims.
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Criminal procedure — Sentencing powers of magistrates; scope of High Court confirmation/revision — confirming court cannot increase sentence beyond subordinate court's statutory maximum once exercised; consecutive versus concurrent sentences where multiple offences involve separate child victims.
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7 June 2006 |
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The appellant cannot use Rule 78 to review or reinterpret a judgment; it only corrects clerical errors.
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Civil procedure — Rule 78 (clerical corrections) — Rule 78 confined to clerical errors, slips or omissions and cannot be used to review or reinterpret prior judgments; motion misconceived as review; prior finding that action was statute-barred.
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7 June 2006 |
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Evidence of shot tyres and spent cartridges upheld as sufficient proof of firearm use for aggravated robbery.
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Criminal law — Aggravated robbery — Use of firearm — Proof by shooting of vehicle tyres and recovery of spent cartridges — Non-recovery of weapon and non-exhibition of damaged property not fatal to conviction.
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6 June 2006 |
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The applicant’s breach of investment-certificate conditions justified revocation of his temporary permit despite procedural complaints.
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Immigration law — Investment certificate — scope and conditions of certificate; Administrative law — revocation of temporary permit under section 21 Immigration and Deportation Act; Requirement to seek variation/assistance from Investment Centre; Procedural fairness and factual substratum for administrative decisions; Breach of permit conditions as ground for deportation.
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6 June 2006 |
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Dispute over quantum for wrongful dismissal: award two years' salary plus perquisites; terminal benefits excluded to avoid unjust enrichment.
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Labour law — Wrongful dismissal — Quantum of damages — Measure: contractual or reasonable notice — Employee status and future prospects — Perquisites versus terminal benefits — Unjust enrichment — Interest on damages — Costs.
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6 June 2006 |
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Circumstantial evidence and an unchallenged potentially biased witness do not justify a murder conviction; conviction quashed.
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Criminal law — Circumstantial evidence — Evaluation and cogency required for inference of guilt; witness bias (relative) and caution; trial misdirection; presumptions; proviso inapplicable — conviction quashed.
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6 June 2006 |
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Circumstantial evidence, corroborated suspect-witness testimony and the appellant’s conduct supported only the inference of guilt, so conviction affirmed.
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Criminal law — Circumstantial evidence — Inference of guilt — Suspect witness corroboration — Attempts to procure alibi and bribe as evidentiary factors — Degree of cogency required to exclude reasonable alternatives.
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6 June 2006 |
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Appellate court upheld factual valuation of completed and extra works but ordered each party to bear their own costs.
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Contract law — interpretation and valuation of completed works and verbal variations; assessment of extra works; set-off of prior payments and salvage; Judgments Act s.2 — post-judgment interest at current lending rate; costs — discretionary, weight to partial success and counterclaim.
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6 June 2006 |
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Appellate court upheld valuation of completed and extra works and interest discretion, but set aside costs order due to inadequate weight to payments and counter-claim.
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Construction contracts — valuation of works on termination — inference from agreed contract sum; verbal variations and extra works — admissibility and assessment; post-judgment interest — discretionary under Judgment Act; costs — discretion and set-off where successful counter-claim and payments made.
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6 June 2006 |
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Court reduced a 20-year manslaughter sentence to 10 years due to guilty plea, youth, first-offender status and remorse.
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Criminal law — Manslaughter — sentence — whether 20-year term with hard labour excessive — mitigation: guilty plea, youth, first offender, remorse — sentence reduced to 10 years.
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6 June 2006 |
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Court reduced an excessive mental‑distress award and set aside freezer‑hire damages after a short power disconnection.
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Contract law — Damages for mental distress — Recoverability and proof; Assessment of quantum — proportionality to duration and severity; Appeal — misdirection on factual findings; Damages for hiring equipment — proof of non-performance required.
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6 June 2006 |