Results.
22 judgments found.
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| June 2016 |
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Where a valid arbitration clause exists the court must stay litigation and refer parties to arbitration; an improperly signed winding‑up resolution is invalid.
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Companies Act s157 — validity of written special resolution; Arbitration Act 2000 s10 — stay and refer to arbitration; inherent jurisdiction to treat pleadings as application to stay; jurisdictional nullity where court ignores valid arbitration clause; joinder of related company and arbitrability.
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30 June 2016 |
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Where statute prescribes an appeal to a tax tribunal, commencement by writ/judicial review is impermissible; High Court lacked jurisdiction.
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Tax law — Mode of commencement of proceedings — Statutory appeal to Revenue Appeals Tribunal under s109 Income Tax Act — High Court appellate jurisdiction under s111 and Revenue Appeals Tribunal Act s6 — Non-appointment of tribunal members does not create lacuna to permit writ or judicial review.
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24 June 2016 |
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Deferred pension claim not time-barred where respondents pleaded fraudulent concealment; pension rights actionable as trust claims; other contractual claims statute-barred.
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Limitation of actions — Limitation Act 1939 — six-year period for contract claims; Fraud — requirement to plead fraud with particularity; concealment tolling limitation (s.26); Pension schemes — parallel contractual and trust rights; Trustee liability — employer as trustee; Pleading standards — word 'fraud' not always necessary but particulars required.
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14 June 2016 |
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13 June 2016 |
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13 June 2016 |
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13 June 2016 |
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Arrest of judgment and admission of fresh evidence after a closed civil trial require exceptional reasons or a record defect.
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Civil procedure — Arrest of judgment — Order 3 rule 2 High Court Rules and Section 27(1) High Court Act — Reopening closed trial to admit fresh evidence — Exceptional circumstances required — No defect on face of record — Prejudice and abuse of process.
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13 June 2016 |
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Appellant’s dismissal for unauthorised removal of employer property and false statement upheld on appeal; monetary claims unsupported.
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Employment law — disciplinary dismissal — unauthorised removal of employer property; false statements; scope of appellate review of domestic disciplinary proceedings; evidential burden for post-termination monetary claims; statutory scheme for pension/NAPSA contributions.
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13 June 2016 |
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A management employee cannot claim Shop Workers Order retirement benefits; written contracts cannot be varied by alleged oral gratuity agreements.
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Employment law — Fixed-term contracts — Management exclusion from Minimum Wages and Conditions of Employment (Shop Workers) Order — Retirement benefits — Admissibility of extrinsic evidence to vary written contracts.
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13 June 2016 |
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13 June 2016 |
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Dismissal upheld: procedural irregularities do not nullify summary dismissal where a dismissible offence and opportunity to be heard existed.
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Employment law — Summary dismissal — gross misconduct v. gross negligence — natural justice (s.26A Employment Act) — incorporation of Staff Handbook into contract — procedural irregularity does not annul substantively justified dismissal — costs follow the event.
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13 June 2016 |
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13 June 2016 |
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13 June 2016 |
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10 June 2016 |
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10 June 2016 |
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10 June 2016 |
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The respondent's challenge to section 4(6) required a petition; Zambian courts lack jurisdiction to review foreign-imposed sentences.
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Transfer of convicted persons — Transfer under domestic and foreign statutes — Section 4(6) Transfer of Convicted Persons Act — Non-reviewability of foreign convictions and sentences in Zambia — Procedure for constitutional challenges (petition under Protection of Fundamental Rights Rules) — Jurisdiction of Zambian courts over transferred sentences.
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9 June 2016 |
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9 June 2016 |
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Appellants' challenge to identification and uncorroborated accomplice evidence rejected; convictions and sentences upheld.
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Criminal law — Identification evidence; witness with interest/accomplice corroboration — "something more" requirement; proof beyond reasonable doubt; alibi investigation; extenuating circumstances for sentencing.
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8 June 2016 |
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An appeal commenced by a body corporate without solicitor representation is incompetent and is dismissed.
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Civil procedure — Representation of bodies corporate — Order 6 r.5(3) White Book — Corporate entities must sue by a solicitor — Competence of appeal where originating processes endorsed by the company.
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7 June 2016 |
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7 June 2016 |
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7 June 2016 |