Results.
174 judgments found.
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| June 2014 |
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3 June 2014 |
| May 2014 |
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29 May 2014 |
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Government privatisation frustrated post‑employment medical benefits; no contractual entitlement to cash in lieu and appeal dismissed.
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Frustration of contract — privatisation as subsequent change in law/administrative act — company’s separate legal personality — foreseeability and self‑induced frustration — claim for cash in lieu of non‑contractual benefit — Privatisation Act and Privatisation Revenue Account — Law Reform (Frustrated Contracts) Act considerations
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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.
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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.
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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.
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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 under Article 98 once the applicant’s constitutionally effective resignation was accepted.
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Judicial review — Tribunal jurisdiction under Article 98 — Effect of constitutional resignation under Article 137 — Illegality and excess of jurisdiction — Wednesbury unreasonableness — Legitimate expectation and discrimination
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8 May 2014 |
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Failure to apply to restore after non-compliance with an 'unless' order leads to dismissal for want of prosecution.
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Civil procedure — Dismissal for want of prosecution; effect of 'unless' orders; partial compliance insufficient; necessity of formal restoration application; costs; timing of interlocutory motions
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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 tenant (not employed by the selling parastatal) may purchase a parastatal house already contracted to another purchaser.
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Property law — Sale of parastatal/quasi-government houses — Priority of eligible purchasers; eligibility requires being a sitting tenant and an employee (or qualifying status) of the selling parastatal — Competing offers: earlier valid contract precludes later sale — Appeal evidence: documents not produced below cannot be relied on
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29 April 2014 |
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A magistrate cannot transfer for lack of jurisdiction; matter remitted to High Court for retrial with fresh pleadings.
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Civil procedure — Subordinate Courts Act s.20(1) — magistrate lacks power to transfer for want of jurisdiction — proper remedy dismissal; High Court must order fresh pleadings when hearing matter afresh; procedural irregularities justify retrial; costs follow event
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28 April 2014 |
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Judicial review dismissed: Committee lawfully exercised statutory discretion to suspend practising certificate; no procedural unfairness or jurisdictional error.
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Administrative law — judicial review focuses on decision-making process not merits — disciplinary/regulatory bodies — scope of statutory power to suspend practising certificate (s.13A LAZ Act; s.22A Legal Practitioners’ Act) — functus officio and res judicata in administrative context — Wednesbury unreasonableness — procedural fairness/right to be heard
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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.
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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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Dismissal for organising an unauthorised union meeting in a mine was lawful; disciplinary power properly exercised.
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Labour law — disciplinary dismissal for organising unauthorised union meeting on mine premises; employer Disciplinary Code Clause 3.2(h); Mining Regulations 402 & 407; employees' trade union rights subject to permission; appellate review of factual findings
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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.
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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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Whether absence of ballistics expert evidence renders an armed robbery conviction unsafe where eyewitnesses and recovered items corroborate the offence.
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Criminal law — Armed robbery — Eyewitness identification and recovery of stolen property — Empty cartridge cases at scene — Necessity (or not) of ballistics expert evidence where no firearm recovered — Appellate review of credibility
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8 April 2014 |
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Recognition evidence and prolonged torture established malice aforethought; theft allegation was no extenuating circumstance.
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Criminal Law
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Murder
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Identification and corroboration — Recognition of known assailants in broad daylight suffices
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Malice aforethought — Prolonged assault, restraint and torture as evidence of intention under Section 204 Penal Code
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Sentencing — Extenuating circumstances — Accusation of theft does not justify deliberate torture or reduce murder to a lesser offence
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8 April 2014 |
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Conviction for indecent assault on a child upheld; family witness corroboration and medical report accepted; sentence varied to include hard labour.
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Criminal law — Indecent assault on a child — credibility and corroboration of family witnesses — admissibility and weight of medical report — attempted flight as corroboration — sentencing error corrected to include hard labour
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7 April 2014 |
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Identification, recent possession and circumstantial evidence upheld; failure to take fingerprints and counsel absence did not vitiate fair trial.
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Criminal law — identification evidence — opportunity and reliability; Recent possession and circumstantial evidence as linking proof; Investigative omissions — fingerprints — dereliction of duty only fatal if core evidence missing; Right to fair trial — Article 18 — entitlement to counsel not absolute where counsel’s absence causes undue delay
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7 April 2014 |
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Single-witness ID corroborated by circumstantial evidence upheld murder conviction; attempted murder sentence increased to 20 years.
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Criminal law — Murder and attempted murder — Single-witness identification — Need for corroboration — Circumstantial evidence (clothes, slippers, lighter) as corroboration — Reliability and demeanour assessment — Sentence increased for attempted murder; death sentence confirmed
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7 April 2014 |
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Conviction for defilement unsafe where child witness evidence lacked required corroboration and voir dire was defective under amended Juveniles Act.
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Criminal law — Defilement — Child witness evidence — Corroboration requirement under Juveniles Act s.122 (as amended) — Defective voire dire — Misapplication of statutory test — Identity of offender not independently corroborated
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7 April 2014 |
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Convictions upheld where circumstantial and ballistic evidence linked the applicant to armed robberies despite uncalled relatives.
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Criminal law
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Aggravated robbery — Circumstantial evidence — Sufficiency where recovered items and conduct link accused to offences
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Forensic evidence — Ballistic expert opinion — Admissibility without test‑firing exhibits; Firearms Act s.2
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Criminal procedure — Prosecution witnesses — Failure to call related or suspect witnesses — No absolute duty to call all witnesses
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7 April 2014 |
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An excessive security-for-costs order against a compelled defendant was unlawful and likely to stifle access to justice.
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Security for costs — Order 40(7) High Court Rules and Order 23 RSC — defendant compelled to defend — discretion to order security — factors: bona fides, prospects, conduct, risk of stifling litigation — excessive security undermines access to justice
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1 April 2014 |
| March 2014 |
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Appeal dismissed: summary dismissal for soliciting a bribe upheld despite procedural shortcomings.
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Employment law — dismissal — disciplinary procedure — bribery/corruption — sufficiency of evidence — disciplinary authority — procedural irregularity not fatal where misconduct established — appellate review of factual findings
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20 March 2014 |
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Appeal allowed; excessive, unsupported damages set aside and matter remitted for reassessment due to miscalculation and insufficient proof.
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Assessment of damages — quantification of loss of use and profit — proper evidence (audited financial statements) vs bank receipts and oral calculations — proof and pleading of special damages — limits on wrongdoer’s liability and avoidance of unjust enrichment — interest already paid to be discounted
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17 March 2014 |
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Application to restore appeal dismissed: failure to file mandatory heads and non‑appearance fatal; counsel’s negligence not a ground for restoration.
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Civil procedure — Affidavit admissibility — expunging extraneous legal argument (Order 41/5/1)
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Procedure — Restoration of appeal — Rule 71(2) discretionary; requires sufficient reason
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Rules 58(5) and 70(1) — mandatory filing of record and heads of argument; failure fatal. Rule 48(5) applies to full bench decisions. Lawyer negligence and private lawyer‑client issues not grounds to reopen final rulings
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13 March 2014 |
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Conviction for defilement upheld; inconsistencies immaterial and corroboration sufficient to exclude false implication.
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Criminal law — Defilement — Corroboration required as to commission and identity in sexual offences — Dangers of false implication — Material inconsistencies versus trivial discrepancies — Emmanuel Phiri applied; corroboration by independent witnesses, medical evidence and corroborative coincidence
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9 March 2014 |
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Court upheld a 30-year sentence for defilement, finding sentencing discretion properly exercised and mitigation considered.
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Criminal law — Sentencing for defilement — Statutory range 15 years to life — Relevance of victim's age and manner of attack — Mitigation: first offender and guilty plea — Appellate restraint: interference only for misdirected or shocking sentences
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9 March 2014 |
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Appeal dismissed: court found recognition identification reliable, parade properly conducted, upholding conviction and death sentence.
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["Criminal law — identification (recognition) — reliability of recognition evidence — need to exclude honest mistake", "Identification parade — proper conduct and prejudice to accused", "Corroboration — post-mortem evidence of fatal stab wound", "Assessment of totality of circumstances in personal identification"]
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9 March 2014 |
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Appellant's indecent-assault conviction upheld; sentence increased to twenty years for abuse of authority over a servant.
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Criminal law — Indecent assault — Consent — Corroboration by medical evidence and admissions — Competence of witness/voir dire — Appellate inference on unresolved factual dispute — Sentencing: abuse of authority as aggravating factor
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9 March 2014 |
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Recent possession and available trial judgment upheld aggravated robbery convictions; appeal dismissed despite missing recorded evidence.
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Criminal law — Aggravated robbery — Recent possession of stolen property as evidence — Identification and timing — Leading police to recovered items — Record of proceedings versus judgment — Verdict requirement before conviction
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9 March 2014 |
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Alleged diminished responsibility unsupported by evidence; appeal dismissed and murder conviction and death sentence upheld.
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Criminal law — murder — diminished responsibility under section 12A Penal Code — duty to consider unraised defences only where evidence fit to be left to a jury — burden on defence to prove diminished responsibility — absence of medical evidence; coherent accused testimony inconsistent with diminished responsibility
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9 March 2014 |
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Conviction for defilement upheld: sufficient corroboration and properly conducted voir dires for child witnesses.
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Criminal law — Defilement — Corroboration requirement in sexual offences — Identification and commission — Juveniles Act s.122 — Voir dire procedure for child witnesses — Admissibility and competence of child evidence — Medical corroboration and corroborative conduct
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9 March 2014 |
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Appellant’s challenge to convictions on circumstantial evidence and a suspect witness failed; convictions and sentences upheld.
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Criminal law — Circumstantial evidence and cogency — Recent possession and corroboration — Suspect witness/accomplice-like witness requiring corroboration — Identification parade — Conduct of accused as evidential factor — Admissibility and weight of leading/demonstration evidence
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9 March 2014 |
| 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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An employer cannot unilaterally abolish accrued ex‑gratia entitlements of existing employees without their consent.
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Employment Law — Conditions of Service — Accrued entitlement to ex‑gratia payment — Employer cannot unilaterally revoke vested employment benefits — Interpretation and General Provisions Act/Standing Orders
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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; administrative penalty and licence suspension upheld; no breach of natural justice.
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Administrative Law
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Judicial Review — Review limited to decision‑making process, not substitution of merits
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Natural Justice — When prior hearing may be dispensed with; availability of alternative procedural safeguards (s.190 Revenue Appeals Tribunal)
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Customs Law — Customs Agents — Liability for false declarations; duty to verify cargo — Customs and Excise Act ss.21(1)(b), 140, 183(1)
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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 |