Results.
18 judgments found.
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| January 2014 |
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The club, not the former parent company, was liable for retrenchment benefits; no automatic right to purchase occupied houses.
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Employment law — employer defined; retrenchment — employer who retrenches liable for benefits; sitting tenants not automatically entitled to purchase former employer/parastatal houses; appellate deference to factual findings
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29 January 2014 |
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An application to set aside an arbitral award must be made within three months; courts cannot extend that statutory period.
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Arbitration
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Setting aside arbitral awards — Statutory time limit under s.17(3) — Three‑month period mandatory; no court extension
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Arbitration (Court Proceedings) Rules — Saving clause does not permit use of procedural rules to displace substantive provisions of the Act
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Civil Procedure — Extension of time — Inherent jurisdiction and court rules — Cannot override statutory mandatory time limits
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29 January 2014 |
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Appellate court reduced excessive maintenance, quashed orders for a child allegedly maintained by a third party, and upheld retrospective power.
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Family law — Maintenance pending suit — Proof of income and resources — Parental assistance not imputable as appellant's income — Responsibility of third party listed on work permit — Retrospective maintenance under Matrimonial Causes Act s.52(2) — Affiliation and Maintenance of Children Act considerations
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21 January 2014 |
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Defamation requires pleaded words and meanings; Order 20 r.11 cannot be used to add substantive findings or awards.
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Civil procedure — correction of judgment — Order 20 r.11 R.S.C. 1999 limited to clerical mistakes; Defamation — necessity of pleading specific words and meaning; False imprisonment — detention by police to assist investigations following a bona fide employer report not automatically actionable; Evidentiary rule — documents and reports must be produced to be relied upon in judgment.
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20 January 2014 |
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A certificate of title cannot be cancelled absent fraud; sitting tenancy does not automatically defeat registered title without involving the seller.
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Lands and Deeds Registry Act (ss.33–34) — Certificate of title conclusive absent fraud — Sitting tenant/accrued right not automatically overriding registered title — Bona fide purchaser for value without notice — Need to join/compel seller (employer) to explain offers/withdrawals before ordering cancellation
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19 January 2014 |
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Court affirmed injury awards but varied interest to run from date of Writ to judgment, then Bank of Zambia rate thereafter.
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Damages assessment — personal injury: categorisation of heads (pain and suffering, loss of amenities, permanent disability, special damages); proof of special damages; discretion on non‑pecuniary awards; interest — date and rate (Writ to judgment at fixed rate, thereafter Bank of Zambia rate)
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19 January 2014 |
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Judicial review unavailable for private-law tender cancellation; trial judge erred in relying on a court-obtained tender document.
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Administrative law — Judicial review — Leave requirement — Whether cancellation of a tender engaging private law/contractual rights is amenable to judicial review — Admissibility and propriety of a judge relying on a document not produced in evidence.
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16 January 2014 |
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Whether tender cancellation is amenable to judicial review and whether a judge may rely on court-sourced evidence.
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Judicial review — leave to apply — threshold of arguability and sufficient interest — distinction between public-law and private-law functions — tender cancellation falls within contract law — inadmissibility of court-sourced evidence in ex parte leave proceedings
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15 January 2014 |
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Specific performance granted for sale of shop; vendor could not repudiate without serving a notice to complete.
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Contract Law
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Specific Performance — Sale of Land (shop) — Vendor’s refusal to accept balance and purchaser’s readiness to complete
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Repudiation — Requirement to serve Notice to Complete before vendor may rescind
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Civil Procedure — Counterclaim — Sufficiency of proof and effect where main claim dismissed
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15 January 2014 |
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Deputy Registrar misapplied contract and pension rules; matter remitted for reassessment using correct contractual and scheme calculations.
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Employment law — retirement benefits — Conditions of Service (Clause 10.1.2) — gratuity payable three months per completed year; no pro‑rata; basis of calculation monthly salary not annualised. Pension law — ZSIC Pension Scheme — incorrect splitting of employee and employer contributions; apply scheme/manager’s one‑off calculation; assume timely remittance of contributions. Remittal for reassessment
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10 January 2014 |
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Appellant failed to prove corrupt practices under Section 93; trial court’s factual findings and dismissal upheld.
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Electoral law — Section 93 grounds to void election — burden and high standard of proof; Section 93(3) applies only after petitioner proves subsection (2) grounds; pleadings must identify agents; donations/offering at churches not proven to be corrupt practices; deference to trial court credibility and demeanour findings
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9 January 2014 |
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A respondent withholding consent to withdrawal of an appeal is entitled to costs of the discontinued appeal, taxable in default of agreement.
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Civil procedure — Withdrawal of appeal — Rule 63(1)–(3) Supreme Court Rules — consent required for withdrawal — non‑consenting party’s right to apply on costs — costs of withdrawn appeal taxable in default of agreement — distinction from costs of dismissed interlocutory motion
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8 January 2014 |
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Appeal dismissed: trial judge rightly found a case to answer and the applicant jointly participated in aggravated robbery.
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Criminal law — Aggravated robbery — Case to answer (s.206 Criminal Procedure Code) — Credibility findings and appellate deference — Circumstantial evidence and inference of joint participation (Chimbini).
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7 January 2014 |
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Corroboration of identity may be established by independent circumstances and admissions; 35‑year sentence for defiling a three‑year‑old upheld.
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Criminal law — Defilement — Requirement of corroboration as to both commission and identity — Corroboration may arise from independent circumstances, admissions and conduct; mere opportunity insufficient — Sentence appeal — 35 years for defilement of a three‑year‑old not excessive where aggravating factors present.
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7 January 2014 |
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Restriction on company property was reversed where investigations targeted a shareholder personally, upholding corporate separateness.
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Anti-Corruption Act s24(1) — Restriction notices — Requirement of on-going investigation but not specification of offence; corporate personality — company property distinct from shareholders; scope of investigations relevant to validity of restriction notice.
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6 January 2014 |
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Circumstantial evidence and postmortem findings established malice aforethought; conviction upheld and life sentence replaced with mandatory death.
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Criminal law — murder — circumstantial evidence sufficient to convict — postmortem asphyxia and broken thyroid bone as evidence of malice aforethought — intoxication must be proved to negate intent — trial court’s failure to warn on danger of false implication remedied by proviso
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6 January 2014 |
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Appellant liable for unpaid liquidator fees for itself and subsidiaries; appeal dismissed and costs awarded.
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Company law — liquidator’s remuneration — Committee of Inspection approval — estoppel by conduct — court’s power to order payment where committee unreasonably withholds approval (Companies Act, s.321) — admissibility of time-sheets as evidence of work — waiver of procedural irregularity by participating in trial (Supreme Court Rules, Order 2).
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6 January 2014 |
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A restriction notice must target the correct legal person; company property cannot be restrained for investigations into a shareholder's shares.
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Company Law — Corporate Personality — Restraint of Company Assets inappropriate where investigations target a shareholder’s sale of shares — Salomon principle
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Anti‑corruption
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Law — Restriction Notices under s.24(1) — Director‑General need only show an investigation under Part IV is ongoing; no need to specify the exact offence
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Civil Procedure — Judicial Scrutiny of Restriction Notices — Court may examine scope and target of investigations to determine whether notice properly targets the subject
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5 January 2014 |