Results.
17 judgments found.
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| 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.
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Contract law — Illegality — Quotation of prices in foreign currency — S.I
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No. 33 of 2012 Reg. 4(1) — Indexation to Kwacha — S.I
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |