Results.
16 judgments found.
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| February 2014 |
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Respondents entitled to account of pension contributions; penal interest unlawful and replaced by court-ordered interest rates.
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Pension law — contributory occupational pension scheme — employer’s duty to account for employee and employer contributions — monies belonging to members — members’ entitlement on redundancy — prohibition of penal interest in Zambia — appellate substitution of interest rates
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25 February 2014 |
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Appeal allowed: midwife’s failure to secure emergency measures was negligent; dismissal and house withdrawal were lawful.
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Employment law; medical negligence — duty of care of nurses/midwives; standard of care objective test; administrative policy versus clinical discretion; entitlement to government housing as incident of employment and withdrawal of allocation prior to acceptance.
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18 February 2014 |
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Ex-gratia entitlement under prior conditions constituted accrued rights; employer cannot unilaterally remove them without consent.
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Employment law — Conditions of service — Ex-gratia payment under prior terms — Accrued rights — Unilateral amendment and repeal — Consent (express or by conduct) — Repeal effect limited to future employees
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17 February 2014 |
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Baggage allowance payable at end of every tour; assessment remitted after setting aside unsupported findings.
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Contract interpretation — baggage allowance payable at tour expiration; Evidence — inadmissibility of expunged documents; Circular B303/1965 applicable to air freight baggage assessment; Rebuttal evidence — not to re-open case; Insufficient evidence vitiating monetary findings
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13 February 2014 |
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Appellant failed to prove unreasonable behaviour or irretrievable breakdown; appellate court upheld trial findings and dismissed appeal.
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Family law — Divorce — Irretrievable breakdown of marriage — Unreasonable behaviour — Effect of parties’ conduct and resolution by elders — Appellate restraint on trial court factual findings
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12 February 2014 |
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Extension of time to appeal requires credible, consistent reasons; afterthought explanations do not justify filing out of time.
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Civil procedure — Extension of time (Rule 12(1) and Rule 48) — Applicant must show sufficient, credible reasons — Inconsistent or new grounds advanced on renewal regarded as afterthought and unacceptable — New matters not raised below cannot be relied on before a higher Court — Practice permits single Judge to sit on full Bench for renewal
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11 February 2014 |
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Employment contracts entitle teachers to baggage allowance at end of every tour; evidentiary errors require reassessment.
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Employment contracts — interpretation of Clause 1 and Clause 7(3) — baggage allowance payable on expiration of every tour; Circular B303 (1965) applicable to baggage assessment; inadmissibility of expunged exhibits; improper admission of non-rebuttal evidence; findings unsupported by evidence set aside.
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11 February 2014 |
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Circulars that in practice withdraw a registered collective-agreement benefit unlawfully vary employees’ contractual conditions and are invalid.
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Labour law — collective agreement — unilateral variation by employer via circulars — alteration/withdrawal of conditions of service; interpretation of "on official duties" in car allowance clause; High Court jurisdiction over individual employment claims.
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11 February 2014 |
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A licensed customs agent must verify declarations; suspension and penalty were lawful and natural justice did not require prior hearing.
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Customs law — Agent liability for false declarations — Sections 21, 140 and 183(1) Customs and Excise Act — Administrative law — Wednesbury/irrationality standard — Natural justice/audi alteram partem — Procedural safeguards and post-decision appeals — Penalty under section 155 — Appeal dismissed
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10 February 2014 |
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Court allowed late filing of record of appeal, preferring hearing on merits where no inordinate delay or mala fides occurred.
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Civil procedure — Appeal — Dismissal for want of prosecution — Extension of time under Rule 12 — Default but no inordinate delay or mala fides — Preference for hearing on merits — Duty to seek prompt enlargement of time
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10 February 2014 |
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Employer unlawfully varied a registered collective-agreement car allowance by unilateral circulars without union consultation.
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Collective agreement — car allowance — unilateral variation by administrative circulars — terms of employment — interpretation of "on official duties" — employer duty to consult union — High Court jurisdiction over individual employment claims
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10 February 2014 |
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Omission to warn about relatives' possible false implication not fatal where unchallenged 'something more' and reliable recognition exist.
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Criminal law — murder; identification evidence — recognition vs identification of a stranger; duty to guard against false implication by relatives; identification parade not fatal where witnesses knew accused; 'something more' — unchallenged post-apprehension conduct
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3 February 2014 |
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Dreams or a belief in witchcraft, without supporting evidence, do not constitute extenuating circumstances to avoid the mandatory death sentence.
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Criminal law — Murder — Sentence — Extenuating circumstances — Whether dreams/belief in witchcraft amount to extenuating circumstances under Section 201 Penal Code — Mandatory death sentence — Each case decided on merits (see Jack Chanda precedent)
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3 February 2014 |
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Conviction quashed where child’s testimony lacked corroboration, circumstantial proof was weak, and voire dire was defective.
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Criminal law — Defilement — Corroboration of child witness and identity of offender — Circumstantial evidence must exclude other reasonable hypotheses — Voire dire requirements under Juveniles (Amendment) Act 2011 s122 (understanding duty to speak the truth)
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3 February 2014 |
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Circumstantial evidence and recent possession upheld convictions; joint enterprise affirmed, robbery sentence increased to life, death sentence confirmed.
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Criminal law — aggravated robbery and murder — circumstantial evidence — recent possession doctrine — common purpose/joint enterprise — admissibility of admissions/confessions — sentence review and upgrade
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3 February 2014 |
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A 30‑year sentence for repeatedly defiling an intoxicated 14‑year‑old was upheld; appellate interference requires clear misdirection or shock.
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Criminal law — Defilement — Sentencing — Statutory minimum 15 years — Aggravating factors: intoxicated and unconscious 14‑year‑old — Appellate interference only for misdirection or shocking sentence
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3 February 2014 |