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Citation
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Judgment date
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| 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 |
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A dream-based belief in witchcraft, without corroboration, does not qualify as an extenuating circumstance to avoid the death sentence.
Criminal law – Murder – Extenuating circumstances – Allegation of witchcraft and dreaming – Whether dreaming and waking unwell amount to mitigation – Section 201 Penal Code – Fact-specific inquiry required.
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3 February 2014 |
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Conviction quashed where identity lacked corroboration and voire dire failed to show the child understood duty to tell the truth.
Criminal law – Defilement – Corroboration of commission and identity – Circumstantial evidence requiring cogency – Child witness – Voire dire – Juveniles (Amendment) Act 2011 s122 – Understanding duty to tell the truth – Conviction quashed where identity uncorroborated and voire dire defective.
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3 February 2014 |
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Circumstantial evidence, recent possession and common purpose upheld convictions; aggravated robbery sentence upgraded to life imprisonment.
Criminal law – Circumstantial evidence and recent possession – sufficiency to support conviction; doctrine of common purpose/joint enterprise; appellant’s silence and failure to give evidence; admissibility and role of alleged admissions; sentencing – upgrade of aggravated robbery sentence to life imprisonment.
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3 February 2014 |
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The appellant's challenge to a 30-year sentence for defiling an intoxicated 14-year-old was dismissed; sentence affirmed.
Criminal law – Sentencing – Defilement of a child – statutory minimum sentence – appellate interference with sentencing discretion – mitigating effect of first offender status and mutual intoxication.
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3 February 2014 |
| January 2014 |
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Whether the employer or another entity bore retrenchment liability and house-purchase rights — court held the club liable.
Employment law – employer identification – retrenchment liability – where a club remained direct employer after asset transfer, club (not former owner) liable for retrenchment benefits; sitting-tenant occupation alone does not confer right to purchase employer-owned houses.
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29 January 2014 |
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A court cannot extend the Arbitration Act's three‑month time limit to set aside an award; applications must be timely.
Arbitration Act s17(3) — three‑month time limit mandatory; 'may' construed as applicant's discretion not court's; substantive versus procedural law; Arbitration (Court Proceedings) Rules r38(1) limited; no court power to extend statutory limitation; finality and expedition in arbitration; delay inordinate and prejudicial.
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29 January 2014 |
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Court reduced excessive interim maintenance, quashed certain maintenance and rent orders, and upheld retrospective power under Matrimonial Causes Act.
Family law – maintenance pending suit – assessment of income and financial resources – inadmissibility of occasional parental assistance as appellant's income – maintenance awards must reflect proven earning capacity; maintenance orders may be retrospective under Matrimonial Causes Act s.52(2).
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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.
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; a sitting tenant’s priority does not defeat an innocent purchaser’s title.
Land law – Certificate of title conclusive (s.33 Lands and Deeds Registry Act) – Cancellation only for fraud or impropriety (s.34) – Bona fide purchaser for value – Sitting tenant’s priority not absolute – Court should join/subpoena employer to clarify offers.
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19 January 2014 |
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Appeal against assessment of personal injury damages dismissed except that interest must run from date of writ to judgment, then at BOZ rate.
Civil damages — assessment of personal injury damages — categorisation into pain and suffering, loss of amenities, permanent disability and special damages; admissibility of unpleaded consequential loss; evaluation of special damages where some receipts forged; interest on judgment — proper commencement (date of writ to judgment) and post-judgment rate (Bank of Zambia lending 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.
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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Cancellation of a tender involving private contractual rights is not ordinarily amenable to judicial review; trial judge erred by relying on an unproduced tender document.
Judicial review — leave to apply — Order 53 Rules — tender cancellation; private law v public law; sufficiency of interest; inadmissibility of court-sourced evidence in ex parte proceedings; arguability threshold for leave.
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15 January 2014 |
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Respondent proved readiness to complete purchase; vendor could not repudiate without serving a notice to complete; appeal dismissed.
Contract of sale – specific performance of land sale – readiness and willingness to complete – service of notice to complete before vendor may repudiate – counterclaim sufficiency – time not of the essence – exclusion of cold room.
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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.
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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Whether alleged corrupt practices and church donations nullified the election; appellant failed to prove requisite grounds.
Electoral law – Section 93 Electoral Act – burden and standard of proof in election petitions – scope of Section 93(3) – candidate liability for acts of election agents – pleadings requirement – donations at churches and corrupt practice – assessment of witness credibility and demeanour.
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9 January 2014 |
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Withdrawal of an appeal without respondent's consent permits the respondent to seek costs under Rule 63(3).
Civil procedure – Withdrawal of appeal (Rule 63) – Consent required for dismissal by withdrawal – Non-consent permits application on costs – Costs to be taxed in default of agreement.
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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.
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.
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.
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 of strangulation (fractured thyroid) established malice; conviction upheld and life sentence substituted with mandatory death.
Criminal law – Murder – Circumstantial evidence sufficiency; strangulation with fractured thyroid bone as evidence of malice aforethought (s.204(b)) – Intoxication (s.13(4)) requires evidence fit for a jury – Danger of false implication from relative witnesses – Proviso to s.15 Supreme Court Act – Substitution of sentence with mandatory death.
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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.
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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Restriction notices require ongoing investigations and must target the correct legal person given corporate separateness.
Anti-Corruption Act s.24(1) – Restriction notices – sufficiency of ongoing investigation; Corporate personality – company assets distinct from shareholders’ property; Valid target of restraint – necessity to direct notice at correct legal person; Court may examine scope of investigations to prevent misuse.
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5 January 2014 |