Results.
102 judgments found.
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| December 2008 |
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Conviction quashed where Juveniles Act requires corroboration of identity and trial court misdirected itself on uncorroborated child evidence.
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Criminal law — Defilement — Child of tender years — Corroboration required as to identity under proviso to Section 122(1) Juveniles Act — Pregnancy corroborates commission but not identity — Duty to warn on uncorroborated evidence — Miscarriage of justice where motive to falsely implicate exists.
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4 December 2008 |
| October 2008 |
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Where land has a certificate of title, the Lands Tribunal lacks jurisdiction to cancel it; the High Court must decide.
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Land law — Jurisdiction of Lands Tribunal — Certificate of title — Cancellation of registered title — High Court jurisdiction under Lands and Deeds Registry Act — Remittal to High Court.
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20 October 2008 |
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A verbal termination by a senior executive constituted dismissal; subsequent disciplinary steps did not cure the wrongful dismissal.
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Employment law — wrongful dismissal — verbal termination by chief executive — effect of subsequent disciplinary process — procedural fairness/natural justice — credibility findings of Industrial Relations Court — appellate review limited to perversity or absence of evidence.
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20 October 2008 |
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Earlier appellate determination of co-ownership is final; defendant liable for ignoring caveat and prior ownership ruling.
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Property law — Effect of prior appellate judgment — Tenants in common — Caveat and notice — Validity of deed of assignment and Certificate of Title — Possession, conversion and entitlement to rentals and restoration.
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17 October 2008 |
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Appeals dismissed: pension assessment confined to employer contributions; detention/treatment upheld as court-ordered; retrenchment claims time-barred.
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Pension law — assessment limited to employer’s contributions where no evidence of early retirement under pension rules; Administrative law — Registrar misdirected in awarding Rule 7 pension. Constitutional/human rights — involuntary detention and medical treatment lawful where supported by magistrate orders and medical certificates; retrenchment and employment benefit disputes are labour matters, time-barred and not enforceable via Article 28 petition
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6 October 2008 |
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Registrar’s damage assessment was incomplete and inconsistent with the judgment; matter remitted for full reassessment.
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Civil procedure — Assessment of damages — Registrar’s assessment must conform to trial judgment and be reasoned; incomplete or inconsistent assessments warrant remittal for fresh assessment. Employment benefits — pension, long service gratuity, housing/allowances, retention allowance, and damages in lieu of notice — entitlement and correct calculation
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6 October 2008 |
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Court corrected an arithmetic error to US$26,000 but refused to expunge an evidence-supported damages award for the rotary head.
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Civil procedure — Rule 78 motion to correct accidental slips; arithmetic correction of judgment; inherent jurisdiction under Section 15(1) Supreme Court Act to vary/amend judgments; limits of variation — must be supported by evidence on record; award of damages not raised on appeal but supported by evidence; costs — each party to bear own costs for the motion.
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1 October 2008 |
| September 2008 |
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A state-owned employer breached a fixed-term contract despite ministerial directive; employee awarded twelve months' salary and vehicle purchase option.
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Employment law — fixed-term contract — breach by employer despite ministerial directive; frustration of contract; measure of damages; entitlement to perquisites; Insurance Act relevance.
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29 September 2008 |
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An interested party cannot be joined to a Supreme Court appeal after final judgment; joinder must be sought while appeal is pending.
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Civil procedure — Intervention and joinder — Rule 67 Supreme Court Rules — Intervention must be sought before judgment; court functus officio thereafter — Locus standi and interest required — Finality of litigation.
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23 September 2008 |
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Court reduced excessive custodial sentences to statutory limits in appeals for espionage and child abduction.
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Criminal law — Sentence — Excessive sentence — Court may set aside and substitute sentence where term exceeds statutory limits; State Security Act (espionage) — statutory minimum sentence — Penal Code s.136 — statutory range for child abduction; mitigation and absence of aggravation.
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11 September 2008 |
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Conviction and 20-year sentence for defilement of an imbecile upheld due to reliable evidence and victim vulnerability.
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Criminal law — Defilement of an imbecile — Sufficiency of evidence and eyewitness identification — Victim’s mental incapacity as an aggravating factor — Sentence above minimum justified.
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9 September 2008 |
| August 2008 |
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Appellant's election petition alleging vilification, bribery and counting anomalies failed; trial judge's credibility findings and official result upheld.
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Electoral law — election petition — burden of proof; credibility findings — appellate deference to trial judge; corrupt practices and vote buying — requirement of particularisation in pleadings; campaigning misconduct (vilification, slogan/song) — must be proven to affect result; vote-counting anomalies — official results preferred absent strong contrary evidence.
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19 August 2008 |
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Electoral Act permits court to summon persons with knowledge of alleged malpractices; no bias found and election upheld.
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Electoral Act s102(3), s103(1)(a)(b) — Court-called witnesses in election petitions — purposive interpretation of "person concerned in the election" — displacement of common-law consent rule — judge's duty to record decisions and avoid perceived bias — heightened standard of proof for nullifying elections — philanthropic acts not necessarily corrupt electoral inducements
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18 August 2008 |
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An application to be joined as an intervening party must be made before judgment; a late joinder was dismissed.
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Civil procedure — Joinder/intervention — Timing of application — must be made before delivery of judgment (Order 14) — locus standi — mortgagee in possession.
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14 August 2008 |
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A Rule 78 slip-rule application cannot be used to correct substantive errors or reopen a decided appeal.
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Civil procedure — Supreme Court Rules Cap.25 R.78 (slip rule) — Correction of judgments — Distinction between clerical/accidental slips and substantive errors — Attempt to reopen appeal disallowed — Property division; characterization of matrimonial property.
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14 August 2008 |
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Receiver entitled to commission only on amounts actually realized; government payment outside receivership did not entitle receiver to full 5% of total debt.
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Conveyancing Act s.24(6) — receiver’s commission — limited to 5% of money actually received; Receivership — monies paid by third party (Government) not ‘received by’ receiver if payment made outside receiver’s realization; Construction of debenture — company’s responsibility for receiver’s remuneration; Insolvency/liquidation — creditors must prove claims; Costs — appeal on costs requires leave
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13 August 2008 |
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Excessive drinking and violent conduct causing family trauma can render cohabitation intolerable and justify divorce.
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Family law — Divorce — Unreasonable behaviour — Drunkenness and violent conduct towards children — Assessment of impact on petitioner — Trial judge’s misassessment of evidence — Appeal allowing divorce
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13 August 2008 |
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Appellate court upheld annulment of election where bribery, inducements and defamatory conduct likely prevented voters choosing their preferred candidate.
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Electoral law — Election petitions — Section 93(2)(a) and (c) Electoral Act — corrupt and illegal practices — bribery and inducements — collection of voters' cards — defamatory campaign conduct — removal/defacing of posters — appellate restraint on credibility findings.
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10 August 2008 |
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Manufacturer liable for supplying contaminated beer; causation established despite self‑induced vomiting; damages reduced.
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Product liability / negligence — duty of care owed by manufacturer to ultimate consumer — contamination of bottled beer — causation where consumer induces vomiting — quantum of damages; assessment and reasonableness of awards.
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7 August 2008 |
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6 August 2008 |
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Whether customary succession is automatic ladder-climbing or discretionary for Bashilubemba.
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1 August 2008 |
| July 2008 |
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Certificate of title vulnerable to fraud where seller lacked authority; successful claim for value of improvements ordered.
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Lands and Deeds Registry Act ss33, 34 — Certificate of title — indefeasibility and exceptions — fraud — lack of authority of purported administrator — pleading and evidence — unpleaded fraud admitted without objection — unjust enrichment and compensation for improvements.
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24 July 2008 |
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Registered title obtained via a fraudulent transfer was set aside under s34; transferee compensated for improvements to avoid unjust enrichment.
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Lands and Deeds Registry Act (ss.33–34) — Registration and indefeasibility of title — Fraud vitiating registered title — Pleading rules and admission of unpleaded evidence — Relief: cancellation of certificate and compensation for improvements.
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24 July 2008 |
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Zambian courts may try Zambian citizens for contempt committed abroad; Order 52 may be combined with section 116 of the Penal Code.
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Extra-territorial jurisdiction — contempt of court — section 6 Penal Code — section 116 Penal Code — section 65 Criminal Procedure Code — Order 52 Rules of the Supreme Court — combination of civil and criminal contempt proceedings
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22 July 2008 |
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Appeal allowed; matter remitted for ZICA‑nominated accountants to reconcile the judgment debt, parties to share auditors’ fees.
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Civil procedure — Enforcement of judgment — Reconciliation of long-standing judgment debt — Liquidator’s accounting and duty to produce records — Reference to independent accountants/auditors (ZICA) — Costs of accountants to be shared equally.
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17 July 2008 |
| June 2008 |
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A withdrawn application may be restored if counsel withdrew without client instructions and the matter was not decided on the merits.
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Civil procedure — restoration of withdrawn application — withdrawal by counsel without client instructions — counsel’s ostensible authority — withdrawal not decision on merits — Court’s discretion to restore.
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24 June 2008 |
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Tenant’s rent default justified landlord’s re-entry; misjoinder was amendable and plaintiff’s damages claim failed due to breach.
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Lease/contract law — Rent default — Landlord’s right of re-entry under express clause — Notice and opportunity to remove goods — Misjoinder of parties — Specific performance not available to a party in default — Damages for loss of business/perishables defeated by tenant’s breach.
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20 June 2008 |
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Consent orders do not bind non‑parties; res judicata must be specially pleaded and triable issues must be heard.
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Civil procedure — Res judicata — Consent orders — Effect on non‑parties; res judicata must be specially pleaded as a defence — Preliminary objection inappropriate to raise unpleaded res judicata — Land law — Caveat, competing certificates of title — Specific performance and alternative damages.
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17 June 2008 |
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When the applicant discontinues suit, a defendant may obtain ex parte costs under Order XVII; the applicant is not entitled to be heard.
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Civil procedure — Discontinuance of suit — Order XVII Rule 1 High Court Rules — Defendant entitled to apply ex parte for costs incurred before receipt of notice of discontinuance — Plaintiff not entitled to be heard on ex parte costs application — Challenge limited to quantum/taxation — Appellate restraint on credibility findings.
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13 June 2008 |
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Maintenance reduced where court failed to adequately consider parties' obligations and children's needs when fixing quantum.
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Family law — maintenance — factors for assessment: income, earning capacity, property, financial resources, needs, obligations, responsibilities and standard of living — custody and children’s needs relevant to quantum — excessive award reduced.
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13 June 2008 |
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Absence of medical/post‑mortem evidence precludes inferring malice aforethought; murder conviction substituted with manslaughter.
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Criminal law — Murder v. manslaughter — Malice aforethought — Evidence required to infer intent — Importance of post‑mortem/medical evidence; intoxication defence requires evidential foundation; appellate substitution of conviction and sentence.
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6 June 2008 |
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Second appellant’s convictions quashed for lack of reliable identification; first and third appellants’ convictions upheld on dependable single-witness ID.
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Criminal law — identification evidence — single witness identification — reliability where witness knew accused and incident occurred in lit, prolonged circumstances; court identification not a substitute for parade identification; identification parade valueless if witness already knew accused. Murder and aggravated robbery — safety of convictions
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6 June 2008 |
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Appellate court increased sentence for repeated defilement of a 10-year-old, finding aggravating circumstances outweighed mitigation.
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Criminal law — Defilement — Sentence — Aggravating factors: victim aged 10, repeated offences, threats — Mitigation: guilty plea, first offender — Timing of statutory mandatory minimum (2005) inapplicable — Appeal against sentence — Sentence increased to 20 years with hard labour.
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6 June 2008 |
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Substitute goods accepted with agent’s consent and subsequent registration/usage amounted to waiver and ratification; appeal allowed.
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Sale of Goods Act (future goods) — Contract for future goods; waiver and ratification by agent and subsequent conduct; admissibility of parol evidence to show collateral oral agreement; breach of condition v. warranty; refund/counterclaim for down payment and expenses.
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5 June 2008 |
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Substitution of future goods with the buyer’s agent’s consent was ratified by acceptance, appeal allowed; counterclaims dismissed.
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Sale of Goods — future goods — substitution of goods — waiver and ratification by acceptance — agency of buyer’s representative — admissibility of parol evidence to show collateral oral consent — retaining documents as security for payment — reversal of trial court’s counter-claim findings
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4 June 2008 |
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The appellant's 15-year trafficking sentence reduced to the statutory 10-year mandatory minimum for lack of aggravating circumstances.
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Criminal law — Narcotic Drugs and Psychotropic Substances Act s.6 — trafficking (224g marijuana) — sentencing — mandatory minimum sentence — mitigation and absence of aggravating circumstances warranting reduction.
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3 June 2008 |
| May 2008 |
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Appellant not bound by main-contract consultant’s time-certification; trial judge misapprehended evidence, appeal allowed with judgment and costs for appellant.
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Contract law — subcontractor claims — whether main-contract consultant’s certification binds domestic subcontractor — admissibility and effect of invoicing method (per tonne vs per square metre) — appellate interference with trial judge’s findings of fact where misapprehension occurs.
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30 May 2008 |
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Appeal dismissed: court upholds that surviving spouse and children share matrimonial home and will not hear new issues not raised below.
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Matrimonial property — proprietary interests of surviving spouse and children after death of a spouse — entitlement irrespective of contribution; Appellate review — refusal to consider issues not raised or adjudicated in the court below; Legal characterization — distinction between joint tenancy and tenancy in common; Lands and Deeds Registry Act — alleged statutory joint tenancy not considered on appeal where not pleaded below.
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30 May 2008 |
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Appeal dismissed; respondent entitled to accrued terminal benefits under defendants' undertaking; set‑aside, not appeal, is remedy for default judgments.
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Employment law — domestic servant — agreement to assume accrued terminal benefits — authenticity and admissibility of written undertaking — appellate review of credibility findings — correct remedy where judgment obtained in absence (application to set aside) — inadmissibility of issues not raised below.
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30 May 2008 |
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Appellant may not raise parents’ statutory joint-tenancy claim on appeal; surviving spouse and children succeed as tenants in common.
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Matrimonial property — Succession on death of a spouse — Survivorship rights of surviving spouse and children — Tenants in common v joint tenants — Appeal cannot raise issues not litigated below — Lands and Deeds Registry Act alleged statutory interests.
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30 May 2008 |
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Acceptance of conditional reinstatement precludes claim for salary arrears for the period not worked.
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Employment law — Reinstatement v re-employment — conditional reinstatement accepted by employee precludes entitlement to back pay for the intervening period; written agreement and Statement of Agreed Issues govern; employer's discretionary pension payments do not establish unpaid salary arrears
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29 May 2008 |
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A dispute over accrued gratuity under a collective agreement must follow statutory conciliation; court lacked jurisdiction.
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Industrial Relations Court jurisdiction — sections 85(1) and 85(4) — Collective disputes arising from collective agreements — Part 9 (ss.75–76) mandatory conciliation — subsidiary Rule 55 cannot displace principal Act — transfer of accrued gratuity to pension scheme.
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29 May 2008 |
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Appeal dismissed: dispute over transfer of accrued gratuity was a collective dispute requiring mandatory conciliation under Part 9.
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Labour law — Industrial Relations Court jurisdiction — Collective disputes under Part 9 (ss.75–76) — mandatory conciliation prior to litigation — s.85 jurisdiction limits — Rule 55 cannot override principal Act — transfer of accrued gratuity to pension scheme.
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29 May 2008 |
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28 May 2008 |
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28 May 2008 |
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Alleged bribery and vilification must be shown to have been widespread enough to affect the majority to void an election.
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Electoral law — election petition — corrupt and illegal practices — bribery (distribution of sorghum for beer) and vilification — requirement that misconduct be widespread to affect majority of voters — higher standard of proof in election petitions — interpretation of section 93(2) and (3) Electoral Act No.12 of 2006.
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22 May 2008 |
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22 May 2008 |
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Subordinate Court eviction proceedings potentially null due to prior High Court judgment and disputed locus standi; matter remitted for rehearing.
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Civil procedure — jurisdiction of Subordinate Court where same property subject to prior High Court judgment — nullity — locus standi — review versus appeal procedure — remittal for rehearing before different judge.
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21 May 2008 |
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21 May 2008 |
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Part performance (payment, occupation, improvements) enforced specific performance of an oral land sale despite lack of survey.
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[Contract for sale of land] Oral agreement — part performance — signed receipts and occupation as equitable basis for specific performance; [Property law] uncertified/unsurveyed land — ascertainment and identification; [Frustration] attempted re-entry by state does not discharge an already concluded sale; [Remedies] interest on monies paid into court and costs on partial success
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19 May 2008 |