Results.
171 judgments found.
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| December 2016 |
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Regulations validly applied: properties were "recovered", unclaimed within three months, and consequently forfeited to the State.
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Corrupt Practices (Disposal of Recovered Property) Regulations 1986 — validity and effect; definition of "recovered property"; vesting on expiry of three-month claim period; service and claim to Commission; judicial review of forfeiture.
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29 December 2016 |
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29 December 2016 |
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Termination for convenience upheld; supplier not entitled to full contract price and cannot recover costs caused by breaching bid specifications.
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Contract law — termination for convenience — clause expressly permitting termination — validity of termination; Measure of damages — entitlement to foreseeable loss (profit) not full contract price — Hadley v Baxendale; Bid compliance — supplier’s breach by sourcing goods contrary to bid specifications — effect on recoverability of costs; Equitable adjustment clause — limits where revised price is unreasonable; Cancelled tender — invitation to treat does not give rise to damages where cancelled before award.
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29 December 2016 |
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23 December 2016 |
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Employer liable for subcontractor's unpaid variation works; liquidated damages not allowed where employer's engineers caused delay.
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Building contracts — extra/variation works — lump-sum contract — when extra work is payable; Nominated sub-contract — payment responsibilities; Employer's project consulting engineers — duty to design and supervise; Liquidated damages — recoverable only where delay caused by contractor; Unjust enrichment — refund of withheld sums where counterclaim fails.
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22 December 2016 |
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Appeal dismissed: Medical Board’s recommendations are advisory; the Director’s adverse medical advice lawfully supported the medical discharge.
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Military law — Medical discharge — Role of Defence Medical Board as investigatory and advisory body — Director of Defence Medical Services’ decisive advisory role — Procedural compliance with Defence Act and Regulations — Evaluation of medical evidence in discharge decisions.
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21 December 2016 |
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Seller's failure to deduce title was a breach; court restored possession and awarded rent for full occupation period.
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Conveyancing — deduction of title — sale and purchase agreement clause giving buyer right to cancel where seller fails to produce certified title; clause entitling seller to cancel in buyer default inapplicable where seller at fault; vendor–purchaser relationship displaces Rent Act procedure; recovery of rent under sale agreement.
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21 December 2016 |
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Whether the parties’ conduct created a binding distributorship contract and the proper measure of damages for breach.
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Contract formation by conduct — unsigned standard agreement — condition precedent/feasibility study — measure of damages for wrongful termination — notice period and mitigation — interest and costs.
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20 December 2016 |
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13 December 2016 |
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12 December 2016 |
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12 December 2016 |
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Written confirmation was required to end probation; absent it employment remained probationary and termination was lawful.
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Employment law — probationary employment — requirement of written confirmation for substantive appointment — effect of lapse of probation period without written confirmation — applicability of precedent (Nyirenda).
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12 December 2016 |
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12 December 2016 |
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9 December 2016 |
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Deportation held unlawful where permit revocation and ministerial declaration lacked required written notice and statutory procedure.
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Immigration law — revocation of employment permit — Section 34(2) and Section 10 — requirement of written notice and opportunity to make representations; Ministerial declaration under Section 35(2) must be in writing; Notice to Prohibited Immigrant under Section 36; judicial review of executive discretion; procedural fairness and unlawful deportation.
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9 December 2016 |
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9 December 2016 |
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Failure to expressly decide a landlord's counter‑claim is reversible error, despite upholding tenant's renovation claim and damages.
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Landlord and Tenant — variation of lease by mutual agreement and council minutes — Local Government Act s.63(3) — validity despite non‑compliance with standing orders; tenant renovations and reimbursement; counter‑claim and set‑off; failure to expressly adjudicate counter‑claim as misdirection.
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9 December 2016 |
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9 December 2016 |
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Early medical retirees may receive actuarially reduced pension lump sums, but not collective-agreement golden handshake or free passes.
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Pension law — interpretation of pension scheme rules — early medical retirement entitlement to Rule 5 benefits subject to actuarial reduction; Collective Agreement — golden handshake and free passes limited to normal retirement; Statutory Instrument on minimum wages inapplicable to unionised employees; Recovery of overpayment by employer.
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9 December 2016 |
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9 December 2016 |
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The High Court lacks statutory jurisdiction to dissolve a marriage solemnized under Sunni Muslim law in Zambia.
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Matrimonial jurisdiction — Matrimonial Causes Act 2007 (ss.3–4) — High Court's statutory jurisdiction limited to marriages under the Marriage Act or foreign law — Religious (Sunni Muslim) marriages solemnized in Zambia not within Act’s scope — Prior consent judgments cannot confer jurisdiction — Conflict of laws not engaged where marriage contracted in Zambia.
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9 December 2016 |
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Whether discretionary refusal of service retirement and delayed pay justified claims of discrimination, constructive dismissal, and terminal benefits.
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Employment law — service/early retirement as discretionary relief; discrimination — section 108 jurisdiction; constructive dismissal — non-payment versus delay in pay; terminal benefits and proof of loss.
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1 December 2016 |
| November 2016 |
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29 November 2016 |
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Court awarded additional damages for mental anguish and full costs after finding procedural unfairness and appellate-rule default.
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Employment law — wrongful/unfair termination — failure to observe disciplinary/natural justice procedures; Damages — mental anguish and distress recognised as separate head of damages; Costs — costs follow the event; Civil procedure — non-compliance with appellate rules (Rule 58(2)) results in dismissal of grounds.
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29 November 2016 |
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29 November 2016 |
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24 November 2016 |
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16 November 2016 |
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11 November 2016 |
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Whether Order 39 review may correct trial errors or whether such errors must be remedied on appeal, and admissibility of unpleaded evidence.
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Civil procedure — Review under Order 39 — discretion and limited grounds for reopening judgments; admission of unpleaded evidence — effect where not objected to; consent orders — limits on varying by court; errors of law/fact to be corrected on appeal, not review.
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11 November 2016 |
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Whether the deceased’s statements qualified as res gestae and were admissible; appeal dismissed.
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Criminal law — murder — admissibility of deceased’s extra‑judicial statements — res gestae exception to hearsay (test: spontaneity, involvement, and absence of opportunity for concoction) — recording of statements of the dangerously ill (s237 CPC) — post‑mortem corroboration.
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1 November 2016 |
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Whether a union General Council may lawfully impose indefinite suspension and when a secretary‑general’s directive amounts to an unlawful suspension.
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Labour law — Trade union disciplinary procedure — Jurisdiction of General Council to suspend elected officers beyond 90 days — Unlawful unilateral suspension by Secretary‑General — Entitlement to half‑pay during lawful suspension — Procedural fairness in removal from payroll — Funeral grant under Conditions of Service.
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1 November 2016 |
| October 2016 |
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28 October 2016 |
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Termination of an acting appointment and procedural discrepancies did not render dismissal null where gross negligence was proved.
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Employment law — acting appointment terminable for administrative convenience — not a demotion; disciplinary procedure — discrepancy between charge and hearing does not invalidate dismissal where offence proved; gross negligence — admission of carelessness plus pecuniary loss satisfies definition; procedural irregularity — failure to follow procedure immaterial if employee committed dismissible offence.
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28 October 2016 |
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Shareholder who proved loans and investments entitled to repayment; appellate court upheld factual findings and dismissed appeal.
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Company law — Joint venture and shareholder advances — Shareholder loans and repayment — Clause providing deduction from profits — Appellate review of findings of fact; dismissal of counterclaim.
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28 October 2016 |
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27 October 2016 |
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Retirement in the national interest breaks continuity of service; s31 benefits inapplicable and pension under s18 was full.
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Employment law — corporatization transfers; s31 Aviation (Amendment) Act — voluntary transfer vs retirement in national interest; pensions — application of s18 Civil Service (Local Conditions) Pensions Act and characterization as full pension; mediation settlements and ancillary claims.
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21 October 2016 |
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Rule 16(4) permits striking an application off the roll when counsel fails to attend; dismissal was a misdirection, application restored.
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Civil procedure — Non-attendance at hearing — Rule 16(4) — Court may strike application off roll where counsel absent without reasons; rule does not permit dismissal — Misapplication of rule — Restoration and remission of application — Costs ordered against appellant.
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20 October 2016 |
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20 October 2016 |
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20 October 2016 |
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A certificate of title obtained amid irregularities can be cancelled for fraud and owner entitled to rents despite fraud not being pleaded.
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Land law — Certificate of title — Challenge and cancellation for fraud or impropriety; burden of proof on claimant; admissibility and weight of unpleaded evidence; credibility findings on appeal.
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19 October 2016 |
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Sine die adjournment without time limit is not an 'unless' order; dismissal for want of prosecution requires shown prejudice.
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Civil procedure — adjournment sine die vs 'unless' orders; dismissal for want of prosecution; prejudice requirement; Rule 48(5) scope; finality of multi-judge decisions; Practice Direction applicability.
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16 October 2016 |
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Court dismissed preliminary objections, allowing applicants to seek reopening of prior judgments in exceptional circumstances.
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Civil procedure — Preliminary objections under Rule 19 — Reopening appellate judgments — per incuriam doctrine — res judicata — discretion for defective record (Rule 68(2)) — waiver of procedural irregularity.
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14 October 2016 |
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Whether a strike-off statutory declaration binds the company or directors for liabilities arising after deregistration.
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Company law — Deregistration under s.361(4) — Statutory declaration and board resolution — Scope of liabilities (as at date of declaration v. thereafter).; Directors' liability — s.361(6) preserves pre-existing liabilities only — no personal liability for debts crystallising after dissolution.; Restoration — s.362(1) provides 24‑month window to restore dissolved company and pursue claims.; Procedural — conformity of record of appeal relevant but appeal heard on merits.
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10 October 2016 |
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9 October 2016 |
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Redundancy held genuine; employer complied with contractual/statutory procedures, appeal dismissed and costs borne equally.
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Labour law — redundancy — genuine redundancy versus sham — consultation and notice obligations — contractual Handbook provisions — payment in lieu of notice — appellate review limited on findings of fact (Section 97 Industrial and Labour Relations Act).
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7 October 2016 |
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Dismissal for admitted fraudulent receipting upheld; Appeals Board lacked jurisdiction after statutory amendment.
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Employment law — unfair dismissal — fraudulent receipting and theft of public funds — disciplinary procedure — scope of judicial review: existence of factual substratum to support dismissal — jurisdictional effect of Local Government (Amendment) Act No.6/2010 replacing Appeals Boards with Local Government Service Commission.
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4 October 2016 |
| September 2016 |
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28 September 2016 |
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Appellants' convictions and death sentences upheld: common purpose and reliable single-witness identification supported by corroborative circumstantial evidence.
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Criminal law — murder — joint enterprise/common purpose — single identifying witness — connecting link; accomplice evidence — need for corroboration whether called by prosecution or defence; admissibility and sufficiency of circumstantial evidence.
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14 September 2016 |
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Whether conditioning repatriation benefits on vacating company housing unlawfully contracts out of the Employment Act.
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Employment law — repatriation benefits — section 13(1) Employment Act — validity of contractual precondition (vacation of employer housing) — subsistence awards — mitigation and eviction following discharge of interim injunction — costs.
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12 September 2016 |
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Whether dismissal for alleged cash shortage and unauthorized receipting was procedurally fair and supported by sufficient facts.
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Labour law — unfair dismissal — exhaustion of administrative remedies — scope of judicial review in disciplinary dismissals — procedural fairness and sufficiency of factual substratum to justify summary dismissal for fraud and failure to follow lawful instructions.
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12 September 2016 |