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Citation
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Judgment date
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| May 2014 |
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Government privatisation frustrated post‑employment hospital benefits; cash‑in‑lieu claim lacked contractual basis and appeal dismissed.
Contract law — frustration by governmental privatisation; separate corporate personality; foreseeability and self‑inducement; no contractual right to cash in lieu; evidential burden; Privatisation Act/Privatisation Revenue Account not creating direct company liability.
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29 May 2014 |
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27 May 2014 |
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Appeal succeeds on pension computation: use ZSIC formula and apply 15% internal interest to retirement, then court interest thereafter.
Pension assessment – employer’s contributions – correct formula to be applied consistent with treatment of similarly situated employees – internal scheme interest applies only up to retirement – court-awarded interest applies after judgment (24% to judgment; 35% thereafter) – referral for reassessment.
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23 May 2014 |
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22 May 2014 |
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Appellant unlawfully detained twice; employers held vicariously liable after trial judge’s factual misapprehension reversed.
Tort — False imprisonment/unlawful detention — Detention by private persons and police — Onus to justify detention once detention established — Employer vicarious liability for employees’/agents’ torts — Appellate interference where trial judge misapprehends pleadings and evidence.
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22 May 2014 |
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Parties cannot by consent overturn a court’s nullification of an MP’s election; candidate liable for treating and undue influence.
Election law – election petitions are public matters under Article 72 – parties cannot by consent set aside judicial nullification; candidate liability for corrupt or illegal campaign practices by persons acting with his knowledge or consent (apparent agents); treating and undue influence (distribution of money/goods, timing of benefits, threats) – limited application of s.93(3) – judicial discretion on taking judicial notice of other judgments.
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18 May 2014 |
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13 May 2014 |
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11 May 2014 |
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Tribunal lacked jurisdiction to continue proceedings after the applicant’s resignation was accepted; decision quashed and prohibited.
Judicial review – Tribunal jurisdiction under Article 98(3),(5) – Resignation under Article 137(2) – Illegality and excess of jurisdiction – Wednesbury unreasonableness – Certiorari and prohibition granted.
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8 May 2014 |
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Failure to fully comply with an 'unless' order leads to dismissal; partial compliance does not regularise an appeal.
Civil procedure – 'unless' orders – failure to comply results in dismissal; partial compliance insufficient; irregular steps remain irregular until cured by application; motion to dismiss for want of prosecution properly entertained when brought before restoration.
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4 May 2014 |
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1 May 2014 |
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1 May 2014 |
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1 May 2014 |
| April 2014 |
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Whether a sitting government employee could purchase a parastatal-owned house when a prior valid sale to another existed.
Property law – Parastatal house sales – Eligibility under Government home ownership empowerment scheme – Sitting tenant status versus nexus to selling parastatal – Validity and priority of competing contracts of sale – Remedy of refund where later sale nullified.
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29 April 2014 |
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Procedural defects — improper transfer and lack of fresh pleadings — matter remitted for retrial before another High Court judge.
Civil procedure — Subordinate Courts Act s.20(1) — magistrate lacks power to transfer for want of jurisdiction — proper remedy dismissal — High Court misdirection in hearing matter without fresh pleadings — procedural irregularities vitiating trial — lease disputes; counter-claim for compensation; costs follow the event, but no costs on appeal.
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28 April 2014 |
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Application for certiorari dismissed: Committee lawfully exercised statutory suspension powers; no procedural unfairness or jurisdictional error.
Administrative law – judicial review of professional disciplinary decision; jurisdiction and statutory power to suspend practising certificate; functus officio and res judicata; Wednesbury unreasonableness; natural justice and procedural fairness; exhaustion of administrative remedies.
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24 April 2014 |
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Dismissal for organising a union meeting on mine premises without management consent was lawful and justified.
Labour law — disciplinary dismissal — non-compliance with established procedures (Clause 3.2(h)) — Mining Regulations (402, 407) — union rights conditional on employer/supervisor consent — workplace safety and order.
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14 April 2014 |
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The applicants’ dismissal for organising an unauthorised workplace union meeting was upheld under mining and disciplinary regulations.
Employment law – disciplinary dismissal – organising unauthorised workplace union meeting – non‑compliance with established procedures (Clause 3.2(h)).
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13 April 2014 |
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Appeal against indecent assault conviction dismissed; conviction upheld and sentence amended to 15 years with hard labour.
Criminal law – Indecent assault of a child – Credibility and corroboration of child and relative witnesses – Medical report admissibility – Suspect witnesses – Flight as corroboration – Sentencing: substitution to hard labour.
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8 April 2014 |
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Conviction for armed robbery upheld despite no ballistics expert where witnesses saw guns and cartridges were recovered.
Criminal law – Armed robbery – Necessity of ballistics expert evidence – Empty cartridges recovered at scene – Eyewitness identification of firearms – Corroboration by recovered stolen property – Conviction safe without expert matching where no firearm recovered.
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8 April 2014 |
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Recognition by relatives sufficed; prolonged collective assault established malice aforethought; death sentence upheld.
Criminal law – identification by recognition – related witnesses – corroboration not required where recognition in broad daylight is reliable; Murder – malice aforethought under s.204 – prolonged, collective assault, confinement and use of weapons can establish intent to cause grievous harm or death; Sentencing – extenuating circumstances must be provable; suspicion of theft does not mitigate deliberate torture.
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8 April 2014 |
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Court upheld indecent assault conviction despite related witnesses, substituting simple imprisonment with hard labour.
Indecent assault — credibility of relative witnesses — corroboration by circumstantial evidence and child-witnesses — admissibility and weight of medical report — allegations of coerced testimony — sentencing substituted to imprisonment with hard labour.
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7 April 2014 |
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Court upheld convictions based on reliable identification, recent possession and circumstantial evidence despite absent fingerprints and counsel.
Criminal law – Identification evidence; single/multiple witnesses; recent possession and circumstantial evidence – Proof beyond reasonable doubt – Investigative dereliction – failure to lift fingerprints – Fair trial – right to legal representation under Article 18 – proceeding in absence of counsel – murder and aggravated robbery.
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7 April 2014 |
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Single-witness identification corroborated by victim's discovery of appellant's belongings upheld; murder conviction affirmed, attempted murder sentence increased.
Criminal law – Identification evidence – Single-witness identification requires corroboration – Corroboration by belongings found at scene – Murder and attempted murder – Sentence variation.
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7 April 2014 |
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Conviction overturned for lack of corroboration and a defective voire dire under the amended Juveniles Act.
Criminal law — Defilement — Corroboration of child witness identification — Juveniles (Amendment) Act No. 3 of 2011 s122 — Defective voire dire — Medical report corroborates commission but not identity — Conviction unsafe without corroboration.
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7 April 2014 |
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Circumstantial evidence, possession and forensic ballistics linked the appellant to armed robberies; appeal dismissed.
Criminal law – Aggravated robbery – Circumstantial evidence and possession — Leading police to recovery — Prosecution’s duty to call witnesses — Suspect witnesses — Ballistic expert evidence and definition of firearm under Firearms Act.
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7 April 2014 |
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Security for costs cannot be imposed to stifle a defendant compelled to defend or obstruct access to justice.
Security for costs – Order 40(7) HCR and Order 23 RSC – security against defendant only for proceedings in his interest – discretion and factors to consider – excessive security and access to justice – duplicity of proceedings and procedural conduct.
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1 April 2014 |
| March 2014 |
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Dismissal for soliciting a bribe upheld; procedural irregularities immaterial where misconduct proven.
Disciplinary law — dismissal for bribery/corruption — procedural fairness — internal disciplinary procedure non-compliance — appellate review of factual findings.
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20 March 2014 |
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Assessment of damages must be based on available audited financial evidence; unsupported and duplicative awards are remitted for reassessment.
Civil procedure – assessment of damages – reliance on bank statements versus audited financial statements; special damages and need for particularisation; loss of use and loss of profit; mitigation of unjust enrichment; remittal for reassessment; discounting interest already paid.
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17 March 2014 |
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Restoration denied: mandatory filing rules fatal to appeal; counsel’s default or party’s presence did not justify restoration.
Civil procedure – restoration of appeal – Rules 48(5) and 71(2) – Rule 48(5) applies to full bench – mandatory filing (Rule 58(5), Rule 70(1)) – failure to file heads fatal – party present cannot claim absent – counsel’s negligence not ground for restoration; Affidavits – extraneous legal argument expunged under Order 41/5/1.
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13 March 2014 |
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Corroborated child testimony and an ‘odd coincidence’ in the appellant’s account upheld the defilement conviction; appeal dismissed.
Criminal law – Defilement of a child – Corroboration required as to commission and identity – Child witness evidence – Dangers of false implication – Emmanuel Phiri: special and compelling grounds – Unsigned/unsworn statement as corroborative coincidence.
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9 March 2014 |
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A 30-year sentence for defilement of a 12-year-old upheld; sentencing judge properly exercised discretion and considered mitigation.
Criminal law – defilement — sentencing range 15 years to life — factors: victim’s age, manner of attack, offender’s plea and antecedents — appellate interference only if discretion misapplied or sentence shocks conscience.
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9 March 2014 |
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Appeal dismissed: recognition evidence found reliable and honest mistake excluded, conviction and death sentence upheld.
Criminal law — Murder; identification evidence — recognition of a known person; identification parade; risk of mistaken identification; circumstances (moonlight, prior acquaintance, physical struggle) can render recognition reliable.
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9 March 2014 |
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Appeal dismissed; indecent-assault conviction upheld and sentence increased for abuse of authority.
Criminal law – indecent assault – consent and corroboration – competence of witness and voire dire – medical evidence corroboration – belief in consent defence – sentencing: aggravation for abuse of authority.
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9 March 2014 |
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Recent possession of stolen items and corroborating evidence upheld aggravated robbery convictions; appeal dismissed.
Criminal law – aggravated robbery – recent possession of stolen property – inference of guilt – identification evidence – record of proceedings versus judgment for appeal – requirement of a verdict before conviction.
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9 March 2014 |
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Appeal dismissed: evidence did not justify considering diminished responsibility, conviction and sentence upheld.
Criminal law – murder – diminished responsibility – duty to consider unraised defence only where evidence fit to be left to a jury – burden on defence to prove diminished responsibility on balance of probabilities – appellant’s coherent account inconsistent with diminished responsibility.
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9 March 2014 |
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Appeal dismissed: child witnesses' voire dires were properly conducted and there was sufficient corroboration for conviction.
Criminal law — Defilement — Corroboration of child complainant and identity of offender; Juveniles Act s.122 — procedure for voire dire; admissibility and oath of child witnesses; appellate deference to trial court credibility findings.
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9 March 2014 |
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Appeal against convictions for aggravated robbery and murder dismissed; suspect witness required corroboration which the Court found satisfied.
Criminal law – aggravated robbery and murder – circumstantial evidence – suspect witness requiring corroboration – identification parade – recent possession and demonstrative leading evidence – appeal dismissal.
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9 March 2014 |
| February 2014 |
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Members of a contributory pension scheme are entitled to an accounting of accrued contributions; penal interest is unlawful and substituted.
Pension law – contributory occupational pension scheme – members’ and employer’s contributions belong to members – entitlement to account of accrued values at separation – single scheme with different fund managers – leaving service options (Rule 11) – penal interest unlawful; substituted interest award.
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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.
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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Unilateral repeal of ex-gratia entitlement cannot retrospectively deprive pre-existing employees of an accrued right without their consent.
Employment law – accrued rights – unilateral variation of terms – ex-gratia payment under Conditions of Service – retrospective application and employee consent.
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17 February 2014 |
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Baggage allowance payable at each tour’s end; expunged exhibits inadmissible; assessment remitted for recalculation.
Employment contracts – baggage allowance payable on completion of each tour – relevance of Circular B303/1965 for air freight baggage assessment; inadmissibility of expunged exhibits; improper reopening via supplementary affidavit (rebuttal evidence).
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13 February 2014 |
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Appellant failed to prove unreasonable behaviour or irretrievable breakdown; appellate court upholds trial judge's factual findings.
Family law – Divorce – Irretrievable breakdown – Unreasonable behaviour as ground for divorce – Appellate review of trial judge’s findings of fact; weight of conduct and cohabitation.
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12 February 2014 |
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Application to file notice of appeal out of time dismissed for inconsistent, afterthought reasons and lack of sufficient cause.
Civil procedure — Extension of time under Rule 12(1) — Notice of appeal out of time — Credibility and consistency of affidavit evidence — Afterthoughts and missing court record — Practice of single Judge sitting on full Bench.
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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.
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.
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 is liable for false declarations; natural justice may be displaced where statutory remedies and circumstances make prior hearing unnecessary.
Customs law — agent’s duty to verify and declare goods; sections 21(1)(b), 140, 183(1) Customs and Excise Act — administrative law — scope of judicial review; natural justice — circumstances displacing audi alteram partem; penalties and statutory appeals (ss.155, 190).
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10 February 2014 |
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Court reinstated appeal where applicants' delay was not inordinate and there was no malafide, granting 14 days to lodge record.
Civil procedure — appeal — dismissal for want of prosecution; extension of time under Rule 12; duty to lodge record of appeal; bona fide delay due to settlement negotiations; precedent — Nahar Investments v Grindlays; Stanley Mwambazi v Morester Farms.
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10 February 2014 |
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Employer’s circulars unlawfully altered a collective-agreement car allowance entitlement; appeal dismissed with costs.
Employment law – Collective agreement – Unilateral variation of conditions of service – Car allowance under Clause 32(f) – Meaning of "on official duties" – Administrative controls versus withdrawal – Jurisdiction of High Court over master-and-servant disputes.
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10 February 2014 |
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Omission to warn about relatives' false implication not fatal where unchallenged conduct corroborated appellant's guilt.
Criminal law – murder; identification evidence – courtroom recognition vs identification parade; danger of false implication by relatives; corroboration by appellant’s conduct on apprehension ('something more').
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3 February 2014 |