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Citation
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Judgment date
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| December 2015 |
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Whether administrative military discharge complied with Defence Act regulations and whether alleged discrimination or clerical errors invalidated it.
Defence law – administrative discharge under Regulation 9(3) and s.21 – inapplicability of s.79 (Part V offences) – clerical error in discharge paperwork not fatal – Employment Act not applicable to defence personnel – burden of proof for discrimination.
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10 December 2015 |
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2 December 2015 |
| November 2015 |
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27 November 2015 |
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Whether a dollar-denominated price indexed to Kwacha was illegal under S.I. No.33/2012 or enforceable in Kwacha.
Contract law — Illegality — Quotation of prices in foreign currency — S.I
No. 33 of 2012 Reg. 4(1) — Indexation to Kwacha — S.I
No. 78 of 2012 — Enforceability — Conversion at prevailing spot rate
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27 November 2015 |
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A letter 'subject to contract' did not create an enforceable sale of land; landlord entitled to possession and costs.
Property law – sale of land 'subject to contract' – offer letters conditional on formal contract do not create binding conveyance; Rent Act and lease re-entry for unpaid rent; specific performance requires complete enforceable agreement.
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24 November 2015 |
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An appeal based on inconsistent appeal documents and a late amendment request is incompetent and dismissed with costs.
Civil procedure – Appeal – Memorandum of appeal must comply with Rule 58(2) – Inconsistent notice of appeal and grounds – Amendment of memorandum sought late – Prejudice to respondent – Appeal held incompetent and dismissed.
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24 November 2015 |
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Appeal dismissed as incompetent where memorandum and grounds attacked different orders and late amendment was refused.
Civil procedure – appeal – memorandum of appeal must identify the judgment appealed against – non-compliance with Rule 58(2)/(3) – late amendment to grounds of appeal refused – appeal held incompetent – costs awarded.
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24 November 2015 |
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Court affirmed limited discretion to pierce notice terminations but found insufficient evidence of malice; appeal dismissed.
Industrial Relations Court – discretion to look behind contractual termination-by-notice clause – may pierce veil to redress injustice but must be exercised judicially; party seeking to pierce must adduce sufficient evidence, at least prima facie, of malice or ulterior motive – burden on claimant to prove unfair termination on balance of probabilities – appellate restraint on trial court credibility findings.
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19 November 2015 |
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Court affirms limited discretion to pierce termination clause; appellants failed to prove malice, appeal dismissed.
Employment law — termination by notice clause — Industrial Relations Court may look behind termination to ascertain real reason, but discretion must be exercised judiciously; burden on employee to adduce prima facie evidence of malice; appellate restraint on disturbing trial credibility findings.
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19 November 2015 |
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12 November 2015 |
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Whether occupants as licensees, not tenants, were entitled to buy quasi‑government houses; mesne profits and eviction ordered.
Property law; quasi‑government housing sales; sitting tenant/licencee distinction; Home Empowerment Policy eligibility; Rent Act s.3(2) exclusion; mesne profits for wrongful occupation; costs in discretionary awards.
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10 November 2015 |
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10 November 2015 |
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Court allowed a belated amendment of defence where delay was not solely applicant’s fault and no irreparable prejudice shown.
Civil procedure – Amendment of pleadings – Discretion under Order 18 Rule 1 – Factors: attitude of parties, nature of amendment, timing, reasons for delay, necessity to determine real issues – Delay and prejudice – Costs as compensatory remedy where prejudice not irreparable.
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10 November 2015 |
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Appellate court found misdirected credibility findings, acquitted the 2nd appellant, affirmed murder convictions of 1st and 3rd, increased sentences.
Criminal law – murder – joint unlawful enterprise (section 22) – credibility assessment of witnesses – malice aforethought (section 204) – provocation and drunkenness as extenuation – appellate review of conflicting evidence.
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4 November 2015 |
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4 November 2015 |
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A dream does not, without supporting evidence of a belief in witchcraft, constitute an extenuating circumstance to avoid the death sentence.
Criminal law – Murder – Sentencing – Whether a dream or claimed belief in witchcraft amounts to extenuating circumstances reducing a death sentence – Missing trial record – appellate review when judgment and primary facts are available.
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3 November 2015 |
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Court reduced appellant's excessive 15-year sentence for trafficking 22.7g marijuana to the statutory minimum of 10 years.
Criminal law – Narcotic Drugs – Trafficking small quantity (22.7g) – Sentencing – Excessive sentence – Plea of guilty as mitigating factor – Prior conviction/community service non-compliance to be addressed by proper procedure – Statutory minimum sentence substituted.
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3 November 2015 |
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Conviction for murder quashed where reasonable doubt existed whether fatal injuries followed an accidental fall rather than intentional harm.
Criminal law - Murder - Malice aforethought - Burden of proof and reasonable doubt - Evaluation of circumstantial and witness evidence - Appellate review of credibility and holistic assessment of evidence - Death sentence set aside where guilt not proved beyond reasonable doubt.
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3 November 2015 |
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Appeal dismissed; applicant fit for trial; conviction substituted for defilement and sentence increased to 25 years.
Criminal law – sexual offences – defilement v. indecent assault; fitness to plead and insanity at trial – test and timing of medical inquiry; corroboration by medical evidence (STIs); aggravating factors and sentence increase for breach of trust and infection of child.
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3 November 2015 |
| October 2015 |
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Non-compliance with mandatory Rule 58(2) by framing argumentative or mixed-up grounds renders an appeal incompetent.
Civil procedure – Appeals – Supreme Court Rules – Rule 58(2) mandatory: grounds of appeal must be concise, under distinct heads and without argument; Rule 19 discretionary on preliminary objections; defective or 'mixed-up' grounds render appeal incompetent.
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30 October 2015 |
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Leave for judicial review refused where appellants had alternative appeal and failed to show procedural impropriety or irrationality.
Societies Act (s8, Rule 8) – requirement to give reasons for refusal of registration; judicial review – leave to apply (Order 53 RSC) – filtering frivolous/hopeless claims; alternative remedy/appeal to Minister bars judicial review; procedural impropriety; Wednesbury unreasonableness.
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27 October 2015 |
| September 2015 |
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The applicant's appeal dismissed because the order granting the respondent unconditional leave to defend is not appealable under Section 24(1)(b).
Civil procedure – default judgment – setting aside default judgment – leave to defend – conditional v. unconditional leave – appealability under section 24(1)(b) Supreme Court Act – time and costs directions do not convert unconditional leave into conditional leave.
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30 September 2015 |
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A court may order joinder at any stage, including on appeal, where interested parties’ rights in the subject matter will be affected.
Joinder of parties – Order 14 Rule 5 High Court Rules and Order 15 Rule 4(1) Supreme Court Rules – applicability to appeals – joinder at any stage to avoid multiplicity – interest in subject matter and locus standi.
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17 September 2015 |
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Employees who refused a lateral transfer during a lawful consolidation were deemed to have resigned, not entitled to redundancy.
Employment law — Corporate consolidation and transfer of contracts — Section 35 Employment Act (consent to transfer) — lateral transfer vs redundancy — deemed resignation for refusal to consent — continuity of employment; evidentiary role of labour officer presence.
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10 September 2015 |
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Liability was res judicata; appellate court upheld damages that accounted for depreciation and were supported by unchallenged evidence.
Tort — vicarious liability — res judicata where same accident previously adjudicated; Evidence — res gestae and hearsay; Damages — assessment of damaged chattels accounting for depreciation; General vs special damages; Appellate review of factual findings.
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10 September 2015 |
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Whether a third party mortgage and consent created a continuing security for future facilities and whether guarantees/debenture were enforceable.
Mortgage law – construction of mortgage and consent – continuing security for future/additional facilities; originating summons in mortgage actions; enforcement of debenture and personal guarantees together; undue influence and bank's duty to ensure guarantor's understanding.
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9 September 2015 |
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Substantial loss alone did not justify retirement with full benefits; absent special circumstances damages equal to three months' salary awarded.
Employment law – disciplinary sanctions – substitution of summary dismissal with warning for first offender; wrongful/unfair dismissal remedies – retirement with benefits versus damages; normal measure of damages absent special circumstances.
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9 September 2015 |
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A court should not grant interlocutory injunctions solely on a counter-claim; where needed the injunction may restrain both parties to preserve the status quo.
Interlocutory injunctions — procedural prerequisites and judicial discretion; injunctions ordinarily by summons supported by affidavit and undertaking as to damages — counter-claim and opposing affidavit cannot substitute an application; certificate of title v. equitable/contractual claim — prospects of success and preservation of status quo; balance of convenience; extension of injunctive relief to both parties to prevent fait accompli.
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9 September 2015 |
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Trial judge’s reliance on extraneous facts and neighbourhood prejudice made a 20-year sentence excessive; reduced to 10 years.
Criminal law — Sentencing — Excessive sentence — Trial judge relying on facts outside prosecutor's statement — Bias from adverse comments about accused's residence — Fair trial rights — Sentencing principles (antecedents, plea, prevalence).
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9 September 2015 |
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Failure by the appellant to lodge the record within the mandatory 60 days renders the appeal incompetent.
Civil procedure — Appeals — Mandatory compliance with Rule 54 SCR (lodging Record of Appeal within 60 days) — Computation of time — Saturdays, Sundays and public holidays excluded only when time limited is less than six days — Reported editorial errors not binding — Appeal dismissed as incompetent.
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9 September 2015 |
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Inaccurate, non-contemporaneous court-reporting is not privileged; defamatory publication warrants general but not necessarily punitive damages.
Defamation — report of court proceedings — requirement that report be contemporaneous, fair and accurate for absolute privilege under s.8 Defamation Act — omission of consent settlement defeats privilege; falsity and malice presumed where words are defamatory; damages presumed without proof of actual injury; exemplary damages require contumelious conduct.
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9 September 2015 |
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A cogent chain of circumstantial facts can sustain a murder conviction despite unexplained possession of the victim's phone.
Criminal law – Circumstantial evidence – conviction requires cogent, cumulative chain of facts excluding innocent hypothesis; Recent possession doctrine inapplicable to murder; burden of proof beyond reasonable doubt; evidence available only to police – presumption but displaceable; appellate review of credibility findings.
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8 September 2015 |
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Failure to show fresh material evidence under Order 39; appeal incompetent and dismissed with costs.
Civil procedure – Review under Order 39 – requirement of fresh material evidence – Service of process on local agent versus foreign company – Misjoinder/wrong service as ground of appeal – Competence of appeal where notice and grounds conflict.
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8 September 2015 |
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Dismissal for unauthorised public fund payments was fair; procedural defects do not invalidate dismissal where the offence warrants dismissal.
Employment law – unfair dismissal – unauthorised payment of public funds – disciplinary procedure – prior warning – effect of procedural non‑compliance where offence warrants dismissal – burden of proof in unfair dismissal claims.
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8 September 2015 |
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The appellant failed to recover fees from the 3rd respondent because it did not prove a retainer or instructions by that respondent.
Solicitors' fees – retainer – burden of proof to establish retainer – payment as deposit – corporate veil – lifting veil only on evidence of agency/instruction – costs follow the event.
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4 September 2015 |
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1 September 2015 |
| August 2015 |
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Appeal struck off the cause list for non-compliance with an order to pay security for costs; no costs ordered for that sitting.
Civil procedure — Security for costs — Requirement to pay security prior to hearing an appeal — Non-compliance renders matter improperly listed — Striking appeal off cause list — Discretion as to costs.
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28 August 2015 |
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Whether a separation-pay dispute filed 11–12 months after termination was time-barred under section 85(3) of the Industrial Relations Act.
Industrial Relations Act s85(3) — limitation period — exhaustion of administrative channels — extension of time — Rules 48 & 55 — inordinate delay; reliance on non-employment authority for late filing principles.
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27 August 2015 |
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Appeal dismissed: review out of time, no fresh evidence, and stay rightly refused because mortgage guarantee precluded a viable defence.
Mortgage/security – guarantor/suretyship – enforcement of mortgage; Review of judgment – requirement for fresh evidence and timeliness; Stay of execution – court’s discretion and assessment of prospects of appeal; New issues on appeal – inadmissibility if not raised below.
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26 August 2015 |
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A registered proprietor’s certificate prevents title by adverse possession; the statute of limitations cannot defeat registered title.
Limitation Act 1939 s4(3) — adverse possession required for limitation to run; Lands and Deeds Registry Act s35 — certificate of title bars acquisition by adverse possession; Order 14A RSC — interlocutory disposal may include necessary factual findings; certificate of title conclusive (s33/s34).
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26 August 2015 |
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Winding-up must be commenced by petition; ex-parte provisional liquidator appointment without a petition is irregular and discharged.
Companies Act — winding-up proceedings must be commenced by petition; provisional liquidator may only be appointed after presentation of a winding-up petition; Companies (Winding-Up) Rules binding — orders appointing provisional liquidators must specify property and duties; mode of commencement and joinder — court will not cure non-joinder where joinder was not urged.
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26 August 2015 |
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Court upheld termination under a contractual notice clause, refusing to pierce it absent sufficient evidence of malice.
Employment law – contractual termination-on-notice – power to pierce termination clause discretionary – burden to prove malice on employee – separation benefits contractual; damages limited to notice period.
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20 August 2015 |
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A statutory limitation defence may be raised as a preliminary point; cause of action accrued when the title was issued, appeal dismissed.
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19 August 2015 |
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A restructured loan agreement supersedes earlier breaches and a borrower’s counterclaim does not defeat a mortgagee’s right to possession.
Mortgage law – restructured facility superseding prior loans – counterclaim for lender’s breaches cannot defeat mortgagee’s right to possession – proof of indebtedness by affidavit and statement of account – late-raised contractual certificate argument inadmissible on appeal – interest payable on established judgment sum.
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19 August 2015 |
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Whether an employee was redundant after being offered an alternative role; court held the alternative suitable and dismissed redundancy and constructive dismissal claims.
Employment law – redundancy – written employment contract – clause governing redeployment – section 26B inapplicable to written contracts – suitability of alternative employment – coercion – constructive dismissal – damages for mental distress – jurisdiction of Industrial Relations Court.
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19 August 2015 |
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Court granted conditional withdrawal of Record of Appeal to cure procedural filing defect; failure to refile within 14 days results in dismissal.
Civil procedure – Appeals – Withdrawal of Record of Appeal – Whether withdrawal equals dismissal of appeal – Compliance with amended Rule 58 (SI No.26/2012) – Conditional leave to withdraw to cure procedural defect – Costs awarded to respondent.
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19 August 2015 |
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19 August 2015 |
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12 August 2015 |
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12 August 2015 |
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6 August 2015 |