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Citation
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Judgment date
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |