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Citation
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Judgment date
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| April 2008 |
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28 April 2008 |
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A valid Lozi customary marriage and matrimonial interest found, but claim dismissed for wrong procedural commencement (writ instead of originating summons).
Customary marriage (Lozi) — proof by circumstantial evidence and conduct (lobola, introductions, cohabitation) — matrimonial property interest under Married Women’s Property Act s.17 — procedural requirement: originating summons for s.17 claims.
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27 April 2008 |
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Motion to reallocate costs to club refused; officers personally liable absent club being party or express indemnity.
Civil procedure — Rule 78 correction — Costs awarded against officers sued in official capacity; association not a party — indemnity by club depends on internal rules.
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24 April 2008 |
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24 April 2008 |
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Redundancy and pre‑retirement commutation do not entitle a member to employer pension contributions absent applicable rule or timely tax amendment.
Pension law – Interpretation of pension scheme Rule 9(a)(iii) – Redundancy distinguished from retirement – Entitlement to employer pension contributions – Income Tax Act s.37 Fourth Schedule – 2004 amendment non‑retrospective – Misapplication of constitutional provisions.
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23 April 2008 |
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Central bank may order compulsory liquidation irrespective of insolvency; judicial review must not substitute regulator’s technical judgment.
Banking law – interpretation of s84B and s101 – compulsory liquidation not limited to insolvency; Administrative law – judicial review limited to legality, rationality and procedure, not merits; Procedure – statutory appeal vs judicial review; Relief – courts should not include remedies in formal orders that were not pronounced in judgment.
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23 April 2008 |
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23 April 2008 |
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16 April 2008 |
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A first offender’s entitlement to leniency may be outweighed by the need for deterrent sentences in prevalent, serious taxi-related robberies.
Criminal law – Aggravated robbery – Sentence on first offender – Balancing leniency for first offenders against deterrence where robbery of taxi drivers is prevalent.
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10 April 2008 |
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An interim injunction cannot dispossess a registered occupier absent fraud, mistake, or a clear balance of convenience.
Interim injunctions; certificate of title; status quo; balance of convenience; possession vs registered title; requirement to plead fraud/mistake/misrepresentation.
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10 April 2008 |
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Violent aggravated robbery of elderly victims justified a 21-year sentence above the 15-year minimum despite first offender status.
Criminal law – Aggravated robbery – Sentencing – Mandatory minimum 15 years – First offender leniency – Aggravating circumstances (violence against elderly victims, stabbing) justify sentence above minimum – Solomon Chilimba precedent.
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10 April 2008 |
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Court upheld a 20‑year sentence for violent aggravated robbery despite first‑offender status due to the offence's brutality.
Criminal law – Aggravated robbery – Sentencing – First offender leniency – Violent circumstances (strangulation) – Protection of taxi drivers – Appellate review of sentence.
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10 April 2008 |
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Cutting electricity cables is likely to interfere with a necessary service; conviction and 21-year sentence upheld.
State Security Act s.3(d) – acts likely to damage, hinder or interfere with necessary services – cutting electricity cables; evidence sufficiency; sentencing – first offenders, minimum sentence, prevalence and deterrence of cable theft.
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10 April 2008 |