Results.
249 judgments found.
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| December 2018 |
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Appeal dismissed—applicant had benefited from the estate by receiving and disposing of property, so no entitlement to further plot.
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Intestate succession — entitlement to property — distribution of estate — beneficiary status — receipt and disposal of estate property as evidence of having benefited — appellate review of trial court’s factual findings; costs including disbursements.
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31 December 2018 |
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Respondent must account for a disputed rebilling and refund an unlawful fraud charge; trial finding of meter tampering upheld; unpleaded monetary award reversed.
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Electricity law — estimation of consumption where meters are unreadable — continuity of subsidiary legislation (1990 ZESCO by-laws) after repeal of parent Act — duty of dominant supplier to render accounts to consumers — unlawful imposition of penalty/fraud charge — appellate deference to trial fact findings on tampering.
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20 December 2018 |
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Monopoly electricity supplier must justify re-billing, refund unlawful penalty, and cannot recover sums not pleaded.
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Electricity supply — estimation of consumption where meter unreadable — validity and continued applicability of Zambia Electricity Supply By-laws (1990) — consumer paid disputed bill under protest — obligation of monopoly supplier to render account — unlawfulness of unlegislated penalty/fraud charge — factual finding of meter tampering and lawfulness of disconnection — prohibition on awarding unpleaded sums.
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20 December 2018 |
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Dismissal found wrongful due to ambiguous charges, double punishment and the Board's improper overruling; 24 months' pay affirmed.
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Employment law — wrongful dismissal; disciplinary procedure — compliance versus substance; ambiguous charges; double punishment; appeals committee finality; damages for unlawful dismissal.
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19 December 2018 |
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Temporary unpaid layoff constituted redundancy; managerial employee not covered by General Order, so redundancy benefits calculated under contractual terms.
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Employment law — redundancy — temporary layoff without pay constituting redundancy; demotion as adverse variation of terms; applicability of Minimum Wages and Conditions of Employment (General) Order to managerial employees; calculation date for redundancy benefits; appropriate rate of interest on employment awards.
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11 December 2018 |
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Temporary layoff without pay and unilateral demotion amounted to redundancy; redundancy benefits governed by the written contract, not the General Order.
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Employment law — redundancy — temporary layoff without pay; unilateral variation/demotion; written contract v. General Order (SI No.2 of 2011); calculation of redundancy benefits; interest on awards
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11 December 2018 |
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A foreign purchaser must strictly prove entitlement under the Lands Act before obtaining specific performance to buy land.
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Lands Act s3 — all land vests in the President — foreign nationals’ entitlement to land requires permanent residency or President's written consent — strict documentary proof required; failure to prove qualification fatal to claim for specific performance; refund of purchase monies ordered.
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11 December 2018 |
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Whether salaries paid during paid study leave are recoverable training expenses under the respondent's bonding agreement.
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Employment law — Sponsorship/bonding agreements — Paid study leave and recoverability of training expenses — Distinction between salary as incident of employment and sponsorship grant — Employment Act s47 and s48 — Validity of repayment clauses in bonding agreements.
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11 December 2018 |
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A subsequent appellate reversal of precedent defeats late-filed employment claims premised on that earlier decision.
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Industrial and Labour Relations Act s85(6) — late filing of complaints — reliance on earlier appellate decisions — effect of subsequent appellate reversal; Limitation Act 1939 inapplicable where statute prescribes limitation; conflict/recusal of former in-house counsel — obiter.
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11 December 2018 |
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Whether a firearm was used in aggravated robbery: court found sufficient evidence and upheld the mandatory death sentence.
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Criminal law — Aggravated robbery — Proof of use of firearm — Eyewitness corroboration of disassembled weapon — Forensic ballistic confirmation — Section 294(2)(a) Penal Code — Mandatory death sentence precedent.
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10 December 2018 |
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Whether interest should run on sums already paid or paid into Court, and who bears costs of an irregular pre-assessment writ.
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Pension law — assessment of accrued pension benefits — interest: court-awarded interest vs. interest on amounts already paid or paid into Court; unlawful pre-assessment execution — irregular Writ of Fieri Facias; Sheriffs Act s.14 indemnity; referral for actuarial computation under High Court Rules/Order XXIII.
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10 December 2018 |
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Appeal allowed: dismissal for substantiated sexual harassment was valid; procedural lapses did not make it unlawful; awards overturned.
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Employment law — dismissal v. termination — unfair/wrongful/unlawful dismissal — disciplinary procedure and staff handbook — sexual harassment — procedural omissions not fatal where substantive misconduct established — damages for wrongful/unfair dismissal.
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10 December 2018 |
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An employee dismissed for proven sexual misconduct was not constructively or unfairly dismissed; compensation awards overturned.
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Employment law — dismissal v. termination — constructive dismissal — disciplinary procedure — sexual harassment allegations — limits on awards for unfair/wrongful dismissal.
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10 December 2018 |
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Rejection of medical examination deprived appellant of chance to establish insanity; conviction quashed and retrial ordered.
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Criminal law — mental state and fitness to stand trial — section 17(1) Criminal Procedure Code — medical examination — insanity defence — section 167(1) Criminal Procedure Code — special finding — insufficiency of evidence — mistrial — conviction quashed — retrial ordered.
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10 December 2018 |
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Conviction for defilement upheld despite intact hymen; medical evidence and corroborative witness support conviction and life sentence.
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Criminal law — Defilement of a child — Corroboration of child’s sworn evidence under s.122(b) Juveniles Act — Medical evidence (HIV, syphilis, intact hymen) — Identity and opportunity — Alibi — Aggravating factor in sentencing.
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10 December 2018 |
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Appellate court reduced a manifestly excessive 20-year narcotics sentence to the statutory 10-year minimum for a second offender.
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Narcotics sentencing — mandatory minimum for second offenders — appellate interference where sentence manifestly excessive — prior convictions affect leniency but cannot alone increase sentence beyond offence’s gravity — quantity versus personal use.
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10 December 2018 |
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Where no evidence supports provocation, court upheld murder conviction and death sentence; failed provocation not extenuating.
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Criminal law — Provocation — Court need not consider a defence unsupported by evidence — Malice aforethought established by brutal circumstantial evidence — Failed provocation not mitigation — Remorse not necessarily extenuating.
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10 December 2018 |
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Appellant’s unpleaded provocation lacked evidence; malice aforethought proved and death sentence upheld.
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Criminal law — murder — provocation — when court must consider defences — circumstantial evidence — malice aforethought — extenuating circumstances — sentencing (mandatory death).
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10 December 2018 |
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Medical discharge does not automatically entitle employees to a lump-sum package absent contractual or collective provision.
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Employment law — medical discharge — entitlement to medical discharge payment — contracts and collective agreement silence — Employment Act s.36(2) permits medical discharge but does not create payment entitlement — Minimum Wages Order exemption where collective bargaining applies — onus on employee to prove entitlement.
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10 December 2018 |
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Re-assessment ordered by IRC Coram and performed by a Deputy Registrar was procedurally improper and set aside; matter remitted for assessment by a judge.
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Industrial relations — assessment of awarded amounts — procedural irregularity where IRC Coram ordered ‘re-assessment’ by Deputy Registrar — such matters should be dealt with by the Coram; misdirection renders re-assessment void and matter is to revert for assessment by a judge of the Industrial and Labour Division.
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10 December 2018 |
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Trial court misdirected by ordering re-assessment; contested assessment must be dealt with by the trial Coram, not re-delegated to a Deputy Registrar.
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Industrial Relations Court procedure — assessment by Deputy Registrar — appeals from assessment — improper ordering of 're-assessment' by trial Coram — misdirection — remittal for assessment by judge; costs each party to bear own costs.
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10 December 2018 |
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Court upheld conviction on strong eyewitness identification, rejected unpleaded alibi and provocation, and imposed mandatory death sentence.
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Criminal law — Murder; eyewitness identification — reliability and opportunity for observation; alibi — duty of police to investigate only where accused gives detailed particulars; sentencing — provocation unpleaded cannot qualify as extenuating circumstance; appellate power under Section 15(4) Supreme Court Act to increase sentence.
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10 December 2018 |
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Delay and minor inconsistencies by a child complainant do not preclude conviction where medical evidence and special compelling grounds exist.
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Criminal law — Defilement — Child complainant — Corroboration by medical evidence — Special and compelling grounds to exclude danger of false implication — Delay in complaint and credibility of child witnesses.
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7 December 2018 |
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Subordinate Court lacked jurisdiction under section 23 absent consent of all interested parties; jurisdictional defect voided proceedings.
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Civil procedure — Subordinate Courts Act s.23 — Jurisdiction to adjudicate title disputes requires consent of all interested parties; absence of consent nullifies proceedings — Jurisdictional points may be raised on appeal notwithstanding failure to raise them below — Court duty to ensure statutory condition precedent for jurisdiction is satisfied.
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7 December 2018 |
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Applicant failed to show a prima facie case for judicial review and had not exhausted statutory appeal remedies under the ZNS Act.
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Administrative law — judicial review — leave stage as filter to weed out frivolous or hopeless claims — requirement to exhaust statutory appeals under Zambia National Service Act s33(1) — Presidential power under s33(3) to confirm or vary findings and punishments — dismissed serviceman’s challenge not fit for review where internal remedies not pursued.
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7 December 2018 |
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Leave to appeal out of time was required and not obtained; payment of security for costs does not substitute filing an appeal.
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Civil procedure — appeal out of time — necessity of leave to appeal before substantive appeal — payment of security for costs not a substitute for filing an appeal — delay due to alleged political settlement insufficient to excuse failure to seek leave to appeal.
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7 December 2018 |
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The court held the church constitution was validly amended and the appellants' unsanctioned meeting and resolutions were void.
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Church law — amendment of a registered society's constitution — interpretation of Translocal Council of Elders composition and two‑thirds quorum; internal constitution v. constitutional freedoms of association; legality and nullity of unsanctioned general meetings; disciplinary procedure and irregular expulsions.
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7 December 2018 |
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Appellants failed to prove unfair dismissal; substantive evidence of strike misconduct made procedural lapses immaterial.
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Labour law — unfair dismissal — burden of proof on employee claimant — participation in illegal strike — evidential sufficiency — procedural irregularities in disciplinary process non-fatal where substantive misconduct proved.
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4 December 2018 |
| November 2018 |
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Public allegations of judicial corruption were held to be contempt, resulting in conviction and a six‑year concurrent sentence.
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Contempt of court — jurisdiction under Constitution Article 118, inherent jurisdiction and Order 52 (White Book) — distinction between criminal contempt (Penal Code s116) and civil contempt — contempt proceedings quasi‑criminal: proof beyond reasonable doubt and mens rea required — limits to freedom of expression where allegations of judicial corruption undermine administration of justice — sentencing and admonition of counsel for professional misconduct.
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23 November 2018 |
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Where an electricity operator erected lines without the owner’s consent, the entry was trespass; Section 14 was misapplied and damages awarded.
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Electricity Act — Section 14 misapplied (compulsory acquisition) — trespass for entry without consent — distinction between transmission and distribution lines not raised below — damages for wrongful entry.
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23 November 2018 |
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Whether a Deputy Registrar may extend the statutory three‑month period for setting aside an arbitral award.
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Arbitration — setting aside arbitral award — mandatory three‑month limitation under Section 17(3) — Deputy Registrar’s lack of jurisdiction to extend limitation — preliminary objection to time‑barred application — procedural error where lower court decided substantive matter instead of preliminary issue.
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22 November 2018 |
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Corporate veil cannot be pierced merely by close group control; concealment or evasion of obligations must be shown.
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Company law — Corporate personality and limited liability — Lifting/piercing the corporate veil — Single economic unit insufficient — Concealment and evasion principles (Prest) — Fraud/improper purpose — Section 383 (repealed Companies Act) / section 175 (Corporate Insolvency Act).
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20 November 2018 |
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Placing a permanent employee on indefinite unpaid leave constitutes a fundamental breach entitling the respondent to terminal benefits.
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Employment law — Fundamental breach — Employer’s duty to provide work and pay wages — Indefinite unpaid leave as repudiatory breach — Constructive dismissal and entitlement to terminal benefits — Acquiescence/affirmation of breach.
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20 November 2018 |
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The appellants' appeal was dismissed for an incompetent record and party misidentification due to procedural non-compliance.
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Civil procedure — Appeal — Incompetent record of appeal — Misidentification/misjoinder of parties — Non-compliance with Supreme Court Rules (rule 58) — Rule 69 notice of non-appearance — Capacity of societies to be sued under Societies Act — Substantive issues (bailment, vicarious liability) not considered due to procedural defects.
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14 November 2018 |
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Court upheld armed aggravated robbery convictions despite no firearm recovered; duress claim and minor inconsistencies rejected.
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Criminal law — Appeal — credibility and minor inconsistencies; duress/afterthought defence; proof of firearm use by circumstantial and eyewitness evidence; section 353 substantial miscarriage of justice; armed aggravated robbery and mandatory sentence.
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12 November 2018 |
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Belief in witchcraft must be proven on the evidence to attract extenuating circumstances and avoid the mandatory death sentence.
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Criminal law — Murder — Sentencing — Belief in witchcraft as extenuating circumstance — Must be evidence‑based and meet provocation threshold; First offender leniency not automatic; Perverse finding of fact; Mandatory death sentence where extenuation not established.
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7 November 2018 |
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Minor witness inconsistencies did not vitiate convictions; duress unproved and firearm element satisfied by context, appeal dismissed.
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Criminal law — appellate review of witness inconsistencies — substantial miscarriage of justice (s.353 CPC); Duress/coercion — burden and requirement of putting defence to prosecution witnesses (s.16 Penal Code); Armed aggravated robbery — proof of firearm where weapon not recovered; cross‑border raids by uniformed armed combatants; sentencing — affirmation of mandatory death sentence for armed aggravated robbery.
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7 November 2018 |
| October 2018 |
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Whether clause 9(a)(iv) creates a retirement package distinct from long service gratuity and whether allowances form part of "pay" for terminal benefits.
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Employment law — interpretation of contractual retirement provisions — distinction between long service gratuity and separate retirement package; definition of "basic salary" excluding allowances; admissibility of extrinsic evidence and contra proferentem; award of interest—date of writ versus date of cause of action.
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30 October 2018 |
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Refusal to grant VESS was lawful exercise of management discretion; respondent not entitled and discrimination finding overturned.
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Employment law — Voluntary Early Separation Scheme (VESS) — eligibility (age and length of service) — managerial discretion in benefits — transitional medical exception — discrimination claim — costs follow the event — assessment of outstanding loans.
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25 October 2018 |
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Section 21 mandates a lump-sum to pension-age members with under 180 contributions; regulation 3 is ultra vires to that extent.
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Pension law — Interpretation of ss. 18 and 21 — Mandatory lump-sum entitlement where member lacks 180 contributions — Subsidiary regulation (SI No. 71 of 2000, reg. 3) ultra vires to the extent inconsistent with statute — Actuarial/prudential considerations cannot displace clear statutory duty — Transitional provisions (s.39) inapplicable absent evidence.
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25 October 2018 |
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Section 21 mandates lump-sum payment to pension-age members without 180 contributions; inconsistent regulation 3 is ultra vires.
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Pensions law — entitlement to benefits — section 21 mandatory lump-sum entitlement where section 18 contributions threshold unmet — subsidiary regulations cannot override clear statutory provisions — ultra vires doctrine — requirement for actuarial evidence when invoking prudential management.
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25 October 2018 |
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Appellate court found no sufficient intoxication-based extenuation and substituted life sentence with mandatory death sentence.
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Criminal law — Murder — Extenuating circumstances — Drunkenness/intoxication as extenuation — intoxication must materially impair capacity to form intent — sentencing judge’s duty to give reasons — appellate substitution of sentence where trial court misdirected.
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23 October 2018 |
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Appellate court found no lawful drunkenness extenuation, set aside life term and imposed mandatory death sentence.
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Criminal law — Sentencing — Murder — Alleged drunkenness as extenuating circumstance — Requirement for courts to give reasons for sentence — Appellate interference where trial judge misdirected — Intoxication must be shown to negate or reduce moral culpability.
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23 October 2018 |
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Odd coincidences can corroborate interested witnesses’ testimony and sustain a conviction for corrupt practices; sentence increased within jurisdiction.
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Corroboration — odd coincidences as corroborative evidence; distinction between corroboration and circumstantial evidence; solicitation and constructive possession in bribery prosecutions; appellate interference with sentence within subordinate court’s jurisdiction.
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23 October 2018 |
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An adult claimant supported by circumstantial paternity evidence was not a statutory "dependant" to justify variation of the will under section 20.
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Wills — Wills and Administration of Testate Estates Act s20 — reasonable provision for dependants — statutory definition of dependant — adult claimant and effect of tertiary education and self-support — circumstantial evidence of paternity (affidavit, clinic/NRC entries, visits, blood‑group test) — limits on court power to vary a will — assets originally bequeathed by third party.
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22 October 2018 |
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Appellant confirmed as 55% shareholder; appeal dismissed; damages and refund claims failed for lack of proof and inconsistent pleadings.
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Property law — Share purchase from MBO team — Confirmation of 55% shareholding and tenant in common status; Accounting for assets — Enforcement of orders; Damages — Loss of business — Need for proof of special damages; Alternative refund relief incompatible with retained shareholding; Per incuriam judicial comments not operative orders.
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12 October 2018 |
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An application to restore after an 'unless' order's specified period expired is misconceived; dismissal took effect and must be challenged by set-aside procedure.
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Civil procedure — 'unless' orders and consequences of non-compliance — automatic effect of sanctions on expiry of specified period — proper procedure to challenge dismissals (set-aside under Order 35).
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12 October 2018 |
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Where a contract bonus expressly covers "additional time worked," that bonus/commission can constitute overtime remuneration.
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Employment law — Overtime — Whether bonus/commission constitutes remuneration for additional hours worked — Contractual terms construed to include overtime; statutory protections not raised at trial cannot be first relied on appeal.
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10 October 2018 |
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Whether delegation by royal families authorized a senior chief to appoint a chief amid an unprecedented stalemate.
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Customary law — Chieftaincy succession — Electoral college (royal families) — Delegation of selection authority — No existing custom for novel stalemate — Court’s limited role in appointing chiefs — Liberty to apply to enforce orders.
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9 October 2018 |
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Judicial review was defective and time‑barred; cancellation of a registered title is not a permissible remedy in such proceedings.
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Judicial review — procedural requirements for leave — must plead recognised grounds (jurisdictional error, error on face, breach of natural justice, Wednesbury unreasonableness) — limitation and undue delay under Order 53/4 (three‑month rule) — remedies in judicial review limited (Order 53/7; damages) — cancellation of registered title not available — discretionary refusal where relief would be nugatory.
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4 October 2018 |