Results.
40 judgments found.
|
|
|
| December 2011 |
|
|
A party must seek review (Taxing Master then judge), not appeal, from a Taxing Master's decision; stay and costs set aside.
-
Civil procedure — Taxation of costs — Order 40 High Court Rules — review to Taxing Master then judge in chambers; appeal improper — stay of execution and costs founded on wrong procedure discharged/set aside
|
21 December 2011 |
| November 2011 |
|
|
The respondent's dismissal was upheld where he, as primary approver of invoices, recklessly facilitated overpayments.
-
Employment law — unfair dismissal — gross misconduct — responsibility for invoice approval — forensic audit — procedural fairness — comparators and differential treatment — substantial justice.
|
29 November 2011 |
|
An executor must reimburse estate school-fees paid by a guardian; assessment in absence of a notified party was not irregular.
-
Civil procedure — setting aside default/interlocutory assessment — notice and non-appearance; Executors and estate liabilities — reimbursement for school fees paid by guardian; Child-rights principle guiding remedial interpretation
|
24 November 2011 |
|
A statutory 30‑day appeal is mandatory and cannot be extended; joinder is barred if time‑expired.
-
Competition and Fair Trading Act s15 — 30‑day statutory appeal period; limitation — courts cannot extend statutory time; Rules of Supreme Court (Orders 3/5/1, 12/7, 15/5, 15/6) — joinder barred where claim time‑expired
|
21 November 2011 |
|
Ex‑curia settlement talks do not suspend appeal time; unexplained delay and sitting on rights justify refusing extension.
-
Civil procedure — extension of time to appeal — ex‑curia settlement discussions do not stop appeal time running; delay must be promptly explained; court may consider merits/prospects when granting extension; failure to attend arbitration and sitting on rights adverse to applicant
|
8 November 2011 |
| October 2011 |
|
|
Bail pending appeal requires exceptional circumstances; delay may qualify but suspension of sentence is a separate post-refusal remedy.
-
Criminal procedure — Bail pending appeal — Section 332(1) CPC — Stoddart exceptional-circumstances test upheld — delay as potential exceptional circumstance — appellate court not to decide main appeal merits — suspension of execution of sentence a separate remedy after refusal of bail.
|
21 October 2011 |
|
Mesne profits awarded for wrongful occupation; counter-claim remitted for retrial; purchase entitlement held res judicata.
-
Mesne profits — wrongful occupation after expiry of licence; res judicata on entitlement to purchase government pool house; counter-claim must be tried — High Court Act s.13; retrial ordered
|
20 October 2011 |
|
Bail pending appeal requires exceptional circumstances and must be brought under s.332(1); application dismissed.
-
Criminal procedure — bail pending appeal — application under s.332(1) not s.123; bail discretionary; exceptional circumstances required (e.g. risk of serving sentence before appeal); Stoddart v The Queen affirmed; refusal of bail precedes request to suspend execution of sentence under s.332(1)
|
20 October 2011 |
|
Conviction and death sentence upheld where assault caused death within year-and-a-day and no extenuating circumstances existed.
-
Criminal law — Murder — Proof of causation — Medical evidence not always required — Assault followed by death — novus actus interveniens — Year-and-a-day rule (s.209(1)) — Extenuating circumstances, provocation and defence of property — Mandatory death sentence
|
3 October 2011 |
| August 2011 |
|
|
Allegations that a retired civil servant met politicians were not defamatory; fair comment defence not established and appeal dismissed.
-
'Defamation'—meaning; 'Fair comment'—requisites (opinion from facts, public interest, absence of malice); publication of party allegations vs. opinion; balanced reporting and duty to verify; freedom of expression (Article 20); apology/estoppel unnecessary where no defamation
|
26 August 2011 |
|
Conviction based on cogent circumstantial evidence of recent possession upheld; appellate court declines to summon additional witnesses.
-
Criminal law — Circumstantial evidence; recent possession of stolen property; inference of guilt; burden and credibility; duty to call witnesses; appellate power to call additional evidence (Rule 39)
|
9 August 2011 |
| July 2011 |
|
|
An architect may recover fees above the statutory scale where agreement and industry custom justify higher charges.
-
Architectural profession — Professional fees — Statutory Instrument No.106 of 1999 (Regulations 4 and 7) — Paragraph 7 permits higher charges if agreed — Zambia Institute of Architects’ recommendations and custom and usage — Evidentiary proof of agreement to higher fees
|
26 July 2011 |
|
Court allowed appeal: trial court erred by not hearing preliminary issue and improperly reopening a concluded judgment.
-
Civil procedure — finality of litigation — functus officio — jurisdiction to reopen or order reconciliation after judgment satisfied; application to compel bank statements; duty of trial court to adjudicate preliminary issues.
|
22 July 2011 |
|
Delay in filing a bill of costs was excused where stays and negotiations justified the late taxation; taxation proceeded without penalty.
-
Civil procedure — Taxation of costs — Order 62 Rule 29 (three-month time limit) — Order 62 Rule 28(4) (discretion to disallow/reduce costs for delay) — stay of execution and negotiations may justify delay — delay must be inordinate or prejudicial to attract penalty.
|
14 July 2011 |
|
Conviction and 30-year sentence for defilement upheld due to abuse of religious trust and credible evidence.
-
Criminal law — Defilement — Evidence and credibility — identity of assailant — Abuse of position of religious trust as aggravating factor — Sentencing principles and first-offender leniency — Forensic/DNA tests not mandatory where pregnancy and intercourse are undisputed.
|
12 July 2011 |
|
Appeal allowed: mistaken identification not excluded and uninvestigated alibi required acquittal.
-
Criminal law — Identification evidence — Night-time robbery, poor visibility, extinguished lamp and traumatic conditions — mistaken identification not excluded; Criminal procedure — Alibi — duty of police to investigate alibi given on arrest; failure to investigate undermines prosecution case.
|
12 July 2011 |
|
No extenuating circumstances found; murder conviction and mandatory death sentence affirmed despite omission to convict aggravated robbery.
-
Criminal law — Murder — Circumstantial evidence — Sufficiency and cogency of inference; Extenuating circumstances under s.201 Penal Code — provocation and moral diminution of guilt; Aggravated robbery charge — omission to enter verdict; Appellate limits under s.15(3) Supreme Court Act; Sentencing — mandatory death penalty affirmed.
|
12 July 2011 |
|
Convictions for child defilement upheld where medical evidence, identification and accused’s conduct provided sufficient corroboration or “something more”.
-
Criminal law — Sexual offences — Corroboration of evidence of children of tender years — s.122(1) Juveniles Act — Two child witnesses cannot corroborate each other; corroboration or “something more” may include medical reports, identification and accused’s conduct — Witnesses with potential interest; danger of false implication must be excluded
|
11 July 2011 |
|
Tribunal exceeded its statutory mandate by pronouncing on constitutional breach; judicial review must not substitute merits determinations.
-
Parliamentary and Ministerial Code of Conduct Act — Tribunal jurisdiction — limits of inquiry under Sections 13 and 14 — Tribunal exceeded jurisdiction by pronouncing on Article 54(3) of the Constitution; Judicial review — scope — review concerned with legality, not merits — High Court erred in interpreting constitutional provision on review; Procedural law — intervenors require leave to commence separate judicial review proceedings; Administrative law — Wednesbury unreasonableness applicable to tribunal decisions; Bias — appearance of bias standard and recusal principles
|
7 July 2011 |
| June 2011 |
|
|
Mortgage enforcement must be commenced by Originating Summons; joining a mortgagor to a prior Writ action was inappropriate here.
-
Civil procedure — Mortgage enforcement — Order 30 Rule 14 requires mortgage actions by Originating Summons; joinder to an earlier Writ not appropriate where mortgagor was not a party — Multiplicity/abuse of process considerations.
|
17 June 2011 |
|
Applicant's claim to purchase a university house failed because the property was excluded from the Home Ownership Scheme; appeal dismissed.
-
University Act s.19 — disposal of university immovable property — Ministerial approval required; Home Ownership Scheme — classification/exclusion of institutional (Provincial court) houses; legitimate expectation — not raised or supported at trial; appellate limits on issues not litigated below.
|
17 June 2011 |
|
An appellate court may hear an appeal on the trial judgment alone if it sufficiently summarises evidence; convictions and death sentences upheld.
-
Criminal appeals — Judgment-only record — Sufficiency of trial-judgment summary; Eyewitness identification — credibility and weight; Incomplete record — Musukuma distinguished; Murder during robbery — death sentence upheld; Appellate review on written judgment
|
12 June 2011 |
|
Appeal dismissed: disciplinary charge lacked particularity and employer failed to prove abuse of office.
-
Employment law — unfair dismissal — disciplinary charge for ‘abuse of office’ and property not commensurate with earnings — particularity of charges — burden of proof — duty to declare interests under disciplinary code — appellate review of trial factual findings.
|
8 June 2011 |
|
Appeal allowed: trial findings of wrongful dismissal, deemed permanence, and exemplary damages overturned for lack of proof and reasons.
-
Employment law — temporary/fixed‑term contracts v. casual/permanent status — proof of wrongful dismissal and causation — reliance on hearsay — exemplary damages require stated facts and particulars.
|
8 June 2011 |
| May 2011 |
|
|
A sub-sale survives the vendor's death; a widow without letters of administration cannot validly sell estate property.
-
Property law — sub-sale — enforceability of sub-sale after vendor's death; intestate succession — requirement of letters of administration for estate transactions; bona fide purchaser and notice; validity of caveat.
|
13 May 2011 |
|
Medical reports and the appellant’s opportunity corroborated minors’ accounts; concurrent 25-year sentences for defilement upheld.
-
Criminal law — Corroboration of child evidence — corroboration concerns commission and perpetrator identity, not always exact date; medical reports and opportunity may suffice; sentencing appellate review — wrong in principle, manifest excess, exceptional circumstances
|
2 May 2011 |
| April 2011 |
|
|
Objective conduct can establish contracts; fraud must be specifically pleaded and proved; quantum meruit available for work done.
-
Contract formation — objective assessment of conduct and communications; fraud and abuse of office — must be clearly pleaded and proved to a higher civil standard; quantum meruit recovery where work done and benefit received; appellate intervention where trial judgment lacks reasoned findings
|
26 April 2011 |
|
A court‑approved statutory scheme of arrangement binds all creditors and can supersede an earlier consent order.
-
Companies Act — section 234 — Scheme of Arrangement — extraordinary resolution and court approval — binding effect on all creditors; Consent order v. statutory scheme — statutory scheme prevails; Procedure — notice and right to object under section 234(8); Appeal — new grounds not raised below cannot be entertained.
|
15 April 2011 |
|
Ambiguous alternative remedy led to quashed award; appellant ordered to pay second‑hand gearbox value and loss assessment referred.
-
Contract law — breach of contract for repair — alternative remedies and need for specificity; unjust enrichment; Disposal of Uncollected Goods Act; mitigation of loss; assessment of damages and interest.
|
14 April 2011 |
|
Deportation under s.26(2) is reviewable where the Minister’s exercise of discretion is unreasonable or lacks supporting materials.
-
Immigration law — Deportation under s.26(2) — Judicial review of executive discretion — National security versus procedural fairness — Requirement for reasonable grounds and supporting materials
|
10 April 2011 |
|
A contractual termination by notice may only be invalidated where the employer’s malice or bad faith is demonstrated.
-
Employment law — termination by notice versus dismissal — Industrial Relations Court’s power to investigate contractual terminations — requirement of bad faith/malice to justify piercing the termination clause — contractual right to terminate by notice upheld
|
7 April 2011 |
|
Appeal quashes ambiguous alternative award; orders replacement/value of second‑hand gearbox, remits loss‑of‑business assessment, costs each party.
-
Contract — breach — disposal of uncollected goods — alternative remedies and election — unjust enrichment — duty to mitigate damages — assessment of loss of business — interest on judgment debt.
|
5 April 2011 |
| March 2011 |
|
|
Supreme Court cannot review its own judgments; persistent relitigation may warrant costs against a lay appellant.
-
Civil procedure — finality of litigation — Supreme Court has no jurisdiction to review or re-open its own judgments; abuse of process — repeated relitigation; costs against lay litigant justified where conduct is persistently vexatious; res judicata and Order 2, Rule 2 (White Book)
|
20 March 2011 |
|
Whether the appellant proved entitlement to unpaid commission and that the respondent breached the agency contract.
-
Agency and contract — debt collection commission — evidence and credibility of witnesses — alleged breach by principal through correspondence with debtor's employer — appellant failed to prove unpaid commission; appeal dismissed.
|
3 March 2011 |
| February 2011 |
|
|
Bank improperly ordered foreclosure without pleading; guarantors liable only to amount of their guarantees; no bank negligence found.
-
Banking law — overdraft against uncleared instruments — Bills of Exchange Act s.45 (presentation within reasonable time) — holder for value — liability of guarantors; foreclosure not to be ordered without relief prayed for
|
22 February 2011 |
|
Default judgment upheld: no disclosed defence and omitted terms cannot be implied or raised on appeal without prior pleadings.
-
Civil procedure — setting aside default judgment; defence on the merits; parol evidence rule and admissibility of extrinsic evidence to add omitted terms; implication of terms; Lands and Deeds Registry Act—non-registration and waiver of fresh issues on appeal.
|
22 February 2011 |
| January 2011 |
|
|
Applicant failed to prove a binding contract; counter-offers, unproven payments and lack of deposit defeated specific performance.
-
Contract law — offer, counter-offer and acceptance; consensus ad idem — no meeting of minds; specific performance — equitable relief and clean hands; consolidation of causes — burden to prove each claim remains with claimant.
|
18 January 2011 |
|
Where a contract is silent on notice, reasonable notice governs termination; six months' pay awarded for wrongful dismissal of a manager.
-
Employment law — wrongful dismissal — contract silent on notice — reasonable notice applies; payment in lieu; management positions; damages measured by reasonable notice; High Court jurisdiction under s.85 Industrial Relations Act.
|
18 January 2011 |
|
Amendment to government circular entitled a sitting tenant to the first offer to buy an institutional council house; rental award quashed.
-
Administrative / housing policy — amendment of government circular by Permanent Secretary — effect of MLGH/102/25/57 (5 Nov 2001) on Circular No. 2 of 1996 — sitting tenant's right to be offered purchase of formerly reserved institutional houses; appellate jurisdiction — requirement for leave under s.24(1)(e) considered.
|
14 January 2011 |
|
An approved, registered pension scheme predating Statutory Instrument No.2 of 2002 governs retirement benefits; no early retirement agreement was proved.
-
Employment law — early retirement — validity and effect of employer pension scheme approved/registered pre‑existing statutory order — statutory instrument No.2 of 2002 — scope of Minimum Wages and Conditions of Employment Act — Registrar’s certificate as evidence of registration/approval
|
13 January 2011 |