Results.
72 judgments found.
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| 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 |
| February 2006 |
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Appeal remitted for retrial after trial judge failed to consider key documentary and testimonial evidence regarding alarm activation.
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Negligence — Security alarm systems — Evaluation of documentary evidence (computer print-out and company letter) — Appellate review of factual findings — Remittal for retrial where trial judge fails to analyze critical evidence.
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24 February 2006 |
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Seizure under a regularly issued writ was not wrongful where bailiffs reasonably believed the judgment debtor operated from the premises.
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Execution of judgment — writ of fieri facias — wrongful seizure — third‑party goods on debtor’s premises — ownership v possession — reasonable belief by bailiffs — application of Nchimunya v Michela.
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24 February 2006 |
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Admission of personal responsibility supported contempt conviction; sentence reduced from imprisonment to reprimand.
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22 February 2006 |
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Contempt conviction upheld on appellant’s admissions; custodial sentence quashed and replaced with a reprimand.
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Contempt of court — liability of liquidator/appointed coordinator — personal admissions as proof — standard of proof beyond reasonable doubt — appellate review of factual findings — sentencing mitigation for first offender.
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22 February 2006 |
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Challenges to a registered certificate of title must be brought in the High Court; the Lands Tribunal lacks jurisdiction to cancel title.
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Lands Tribunal jurisdiction — scope limited to "land disputes" under the Lands and Deeds Registry Act — challenges to registered certificates of title lie in the High Court, not the Lands Tribunal.
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22 February 2006 |
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Appellants’ title invalidated due to defective re-entry process and absence of proof from the Commissioner of Lands.
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Land law — re-entry/repossession — validity turns on proof of proper service of notice; requirement to call Commissioner of Lands (or officer) to prove re-entry; hearsay inadmissibility of untested documents; adverse possession claims defeated where prior registered title not validly terminated; appellate deference to trial judge credibility findings.
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10 February 2006 |
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Whether insurance proceeds held by trustees and received pre-testamentarily formed part of the testator's bank monies and estate.
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Trusts — testamentary interpretation — whether insurance proceeds received before execution of will constitute "monies at my bank accounts"; Trusts — constructive trust and equity; "equity looks on that as done which ought to have been done"; Conflict between foreign trust documentation and domestic adjudication; Pleadings — limits on deciding issues not in contention; Procedure — cross-examination on trust matters.
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10 February 2006 |
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Change of shareholding and rebranding do not alone create a new employer or transfer contracts; no section 35 breach proven.
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Employment law — transfer of undertakings — change of shareholding vs new employer — Section 35(1) Employment Act (consent to transfer of written contracts) — redundancy — corporate personality (Salomon) — interpretation of share purchase clause.
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2 February 2006 |
| January 2006 |
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Section 85(3) requires administrative steps to be taken within the thirty-day period to justify an extension; late attempts cannot revive the time.
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Industrial and Labour Relations Act s85(3) — mandatory thirty-day limitation — extension only where administrative channels exhausted within thirty days — late correspondence not sufficient — distinction from KCM v Kanswata — court of substantial justice cannot override statutory time bar.
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31 January 2006 |
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Findings of fact and undisputed misconduct justified summary dismissal despite alleged procedural irregularities.
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Employment law — unfair/wrongful dismissal — disciplinary procedure and procedural fairness — findings of fact not appealable (Section 97 Industrial and Labour Relations Act) — proof/identification of misconduct — summary dismissal justified where offence undisputed (Zambia National Provident Fund v Chirwa).
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24 January 2006 |
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Whether land grants made during de‑gazettement remain valid and whether allocations after re‑gazettement without statutory authority are lawful.
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Forest law — de‑gazettement and re‑gazettement — validity of grants made during de‑gazetted period; Administrative law — judicial review — illegality, irrationality and procedural impropriety of grants made after re‑gazettement without statutory authority; Civil procedure — availability of declaratory relief in judicial review and counter‑claims (Order 53).
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10 January 2006 |
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Interlocutory injunction required where damages are inadequate for loss of land interest and employer car benefit may survive termination.
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Injunctions — interest in land — damages inadequate; interlocutory injunction appropriate where probable entitlement exists; separation of house-purchase agreement from redundancy computation; employer car-loan scheme — status quo pending trial.
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10 January 2006 |