Results.
22 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 |