Supreme Court of Zambia - 2013 January

5 judgments

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5 judgments
Citation
Judgment date
January 2013
Proof of corrupt practices under section 93(2)(c) independently voids an election; no additional ‘majority prevented’ showing is required.
Electoral law – Corrupt and illegal practices – Sections 79 and 93(2)(a) & (c) – Independence of grounds in s.93(2) – Proof of malpractice under s.93(2)(c) does not require showing majority were prevented from voting – Election nullified; fresh election ordered.
30 January 2013
24 January 2013
Conspiracy pleadings read holistically that state material facts can disclose a clear cause of action; dismissal denied.
Civil procedure – Pleadings – Practice Direction No.1 Order 53 – requirement to plead material facts and show clear cause of action; Conspiracy – particulars – evidentiary detail vs. required particulars at pleading stage; striking out/dismissal appropriate only where pleadings disclose no cause of action.
18 January 2013
17 January 2013
15 January 2013