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Citation
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Judgment date
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| July 2014 |
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31 July 2014 |
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31 July 2014 |
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Claim for excessive repair costs failed for lack of receipts; quantum meruit awarded reasonably and interest from writ left to judicial discretion.
Quantum meruit – recovery on illegal or unenforceable agreement – equitable compensation despite illegality when expenditure shown; Evidence – invoices versus receipts – receipts required to prove payment; Assessment of damages – ‘intelligent guess’ permitted on meagre or inconsistent evidence; Appellate review – interference only for perverse or unsupported findings; Pre-judgment interest – discretionary under Order 36 Rule 8; date of writ permissible.
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31 July 2014 |
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31 July 2014 |
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31 July 2014 |
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29 July 2014 |
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Interlocutory injunction refused against the bank; trial Judge erred in prematurely setting aside the writ; matter remitted for determination.
Civil procedure – Interlocutory injunctions: requirement of clear right/serious question and irreparable harm; Banker–customer relationship: agent/principal duties; Procedural fairness – improper premature setting aside of writ at interlocutory stage; Costs – discretion and adherence to event rule.
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29 July 2014 |
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29 July 2014 |
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Holding association meetings on Saturdays did not, absent coercion or comparative unequal treatment, breach freedom of conscience or constitute discrimination.
Constitutional law — freedom of conscience (Article 19(1)) — meaning of "hindered"; discrimination (Article 23(2)–(3)) — requirement of comparative evidence; associative meeting practices and religious accommodation.
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28 July 2014 |
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Whether repeated transfers constituted constructive dismissal and whether pre-1999 service gratuities are payable under prior practice.
Employment law – constructive dismissal – multiple transfers – contractual right to transfer – Western Excavating test; Pension scheme v. Minimum Wages Orders – entitlement to pre-pension gratuity; computation of accrued benefits by prior employer practice.
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24 July 2014 |
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Court held the negotiated redundancy package was paid; no implied long-service gratuity; employer's error forfeited costs award.
Employment law – redundancy v long service gratuity – interpretation of collective agreement – implied terms in contract – taxability of commuted leave pay – costs discretion where employer's erroneous documentation prejudiced employees.
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24 July 2014 |
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Statutory vesting of non‑performing loans did not defeat a ministerially directed transfer; sale undervalue justified re‑evaluation and credit.
Conveyancing and transfer of non‑performing assets – s.11A vesting in Government; Ministerial directions under s.11A(5); validity of deed of transfer; locus standi. Mortgagee in possession – duty to obtain proper price; adequacy of publicity/valuation; re‑evaluation and credit where sale undervalued.
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23 July 2014 |
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23 July 2014 |
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Whether the respondent paid redundancy entitlements or long service gratuity, tax liability on leave pay, and costs allocation.
Employment law – Redundancy/retrenchment package versus long service gratuity – Interpretation of collective agreement and implied terms – Admissibility of extrinsic evidence to correct clerical/narration errors – Taxation of commuted leave pay – Costs discretion where employer's conduct caused prejudice.
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23 July 2014 |
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23 July 2014 |
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22 July 2014 |
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17 July 2014 |
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15 July 2014 |
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14 July 2014 |
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10 July 2014 |
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10 July 2014 |
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Motions under Article 72(1)(a) and s93(1) to bar respondents from by-elections were dismissed for lack of merit; each party bears own costs.
Constitutional and electoral law – Article 72(1)(a) Constitution; Section 93(1) Electoral Act – applications to bar recontesting candidates in by-elections – stay of proceedings under Order 4 Rule 9(1) – use of test actions – dismissal for lack of merit – costs: parties to bear own costs in constitutional matters.
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10 July 2014 |
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Procedural error in admitting a confession was not fatal where recognition evidence and recovery of a blood-stained weapon overwhelmingly sustained the murder conviction.
Criminal law – trial-within-trial – voluntariness and admissibility of confession; Judges’ Rules – admissions to private persons vs Police; recognition evidence; recovery of weapon and circumstantial corroboration; right to silence and extenuating circumstances.
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9 July 2014 |
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Court upheld dismissal of the appellant for misleading the respondent and preparing defective security despite procedural lapses.
Employment law – Disciplinary procedure – Misconduct and dishonesty – Preparing false borrower identity and defective security – Natural justice and procedural compliance – Appeal on points of law vs findings of fact (Section 97 ILRA).
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4 July 2014 |
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3 July 2014 |
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3 July 2014 |
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3 July 2014 |
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3 July 2014 |
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3 July 2014 |
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3 July 2014 |
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Motions to bar candidates from recontesting under Article 72(1)(a) and s93(1) were dismissed for lack of merit.
Constitutional law — Article 72(1)(a); Electoral law — section 93(1) Electoral Act; election petitions; relief to bar candidates from recontesting; interlocutory stay; test actions; costs in constitutional matters.
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2 July 2014 |
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A trial judge’s decision on merits without resolving preliminary issues is premature, a nullity, and warrants remittal.
Civil procedure – preliminary issues – trial judge determining merits without ruling on preliminary points – premature final determination – nullity; Appellate powers under section 25(1)(a) Supreme Court of Zambia Act – limits on rewriting lower court judgments; Requirement to prove counterclaim; Jurisdictional challenges to Industrial Relations Court decisions; Lands and Deeds Registry Act considerations.
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2 July 2014 |
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Applicant’s request to enforce Supreme Court electoral findings was dismissed as misconceived; enforcement must be pursued in the High Court.
Electoral law – Corrupt practices and post-judgment consequences – Enforcement of Supreme Court findings – Section 104 Electoral Act; section 9 Supreme Court Act – Procedural requirement to pursue enforcement in High Court.
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2 July 2014 |
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2 July 2014 |
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Supreme Court lacks power to generate the High Court's statutory post-election report; enforcement must proceed in the High Court.
Electoral law — Section 104(6) Electoral Act — statutory duty to prepare post-election report vested in the High Court — Supreme Court appellate jurisdiction — Section 9 Supreme Court Act enforcement — prohibition on running litigation in the Supreme Court — mandamus and separation of functions.
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2 July 2014 |
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1 July 2014 |