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Citation
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Judgment date
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| September 2019 |
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Termination signed by the employer’s director valid despite shareholder letterhead; damages limited to notice; statutory leave pay upheld.
Employment law – termination – corporate agency and authority – shareholder letterhead vs director’s act; measure of damages for loss of employment – common law notice period; leave entitlements under oral contracts – s.15(1)(i) and employer record-keeping obligation.
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10 September 2019 |
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Certificate of title upheld; appellant not bona fide purchaser and ordered to yield possession and demolish structures; appeal dismissed.
Land law; certificate of title; conclusive but impeachable for fraud or impropriety; bona fide purchaser without notice; ineffective revocation by local authority; payments and issuance of title superseding withdrawal; unlawful structures and demolition; remedy against state officials for misleading conduct.
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10 September 2019 |
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An appeal was dismissed with costs due to a materially defective record of appeal and the appellant's decision not to appear.
Civil procedure — Record of appeal — Rule 58(4) — Incomplete/missing affidavits and documents — Record unsafe — Rule 68(2) dismissal; Rule 69 notice of non-appearance — risk of forfeiting opportunity to remedy defects.
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9 September 2019 |
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Appellant failed to prove economic duress; second signed contract superseded the first and appeal dismissed.
Employment law – variation of contract – second contract superseding earlier contract – economic duress – tests for duress (protest, alternatives, independent advice, steps to avoid) – appellate review of findings of fact (Nkhata/Achiume) – appointment notice as administrative payroll procedure.
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9 September 2019 |
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Corrected second employment contract superseded the first; no economic duress proved; appeal dismissed.
Employment law – variation of contract by second contract – economic duress (proof, Pao On factors, affirmation) – appointment letter as administrative payroll device – appellate review of factual findings (Nkhata/Achiume).
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9 September 2019 |
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Subordinate Court lacked jurisdiction to grant forfeiture restraining order exceeding its civil monetary limit.
Jurisdiction – Subordinate Courts – Forfeiture of Proceeds of Crime Act – civil proceedings – monetary limits – lack of jurisdiction renders proceedings a nullity.
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9 September 2019 |
| August 2019 |
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Appeal dismissed for six appellants; fourth appellant's dismissal wrongful and awarded 24 months' salary.
Employment law – dismissal – summary dismissal justified where employee committed a dismissible offence despite procedural non‑compliance; union activity protection does not cover riotous or dishonest mobilisation – wrongful dismissal where charge letter lacks particulars – remedy ordinarily notice pay but enhanced damages may be awarded.
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26 August 2019 |
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Sale by a beneficiary without letters or court authority is void; appellant not a bona fide purchaser.
Intestate Succession Act (ss.19,24,38,43) – jurisdiction of local courts in succession matters – sale of estate property – requirement of letters of administration and prior court authority – bona fide purchaser and due diligence – caveat disputes and onus of proof.
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26 August 2019 |
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Court upheld a 45-year sentence for repeated defilement of a 14-year-old stepdaughter, finding no grounds to reduce.
Criminal law – Defilement – Sentence – Appeal against sentence – Appellate test: wrong in principle; manifestly excessive/inducing shock; exceptional circumstances – Aggravating factors: victim aged 14; step-parent relationship; repeated offences; resulting STI; occurrence at home – 45 years upheld.
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19 August 2019 |
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Circumstantial and postmortem evidence upheld a murder conviction despite absence of the pathologist's oral testimony.
Criminal law – murder – circumstantial evidence; malice aforethought – sufficiency of inferences; postmortem evidence – desirability but not always mandatory to call pathologist (s.191A); warn-and-caution statements – requirement for vernacular and English versions.
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19 August 2019 |
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Conviction for defilement quashed due to defective voire dire, lack of corroboration, and failure to discharge the prosecution's burden.
Criminal law — Defilement; child witness — requirements for voire dire and record of questions/answers; corroboration in sexual offences — identity evidence and 'something more'; burden of proof — prosecution's duty to disprove defences and to call material witnesses; court-ordered medical evidence.
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19 August 2019 |
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Conviction for defilement quashed where voire dire was defective, corroboration lacking and burden wrongly shifted to accused.
Criminal law – defilement – voire dire must record questions and answers – corroboration of identity and early complaint – prosecution's duty to call material witnesses – improper shifting of burden when accused requests medical examination.
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19 August 2019 |
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Confessions must be shown voluntary before admission; excluding them, independent evidence sustained four convictions while the fifth appellant was acquitted.
Criminal procedure – Admissibility of confessions – Trial court’s duty to test voluntariness and to invite defence objection; Evidence – Use of co-accused confession to implicate another – adoption and admissibility; Electronic evidence – phone activity reports as circumstantial linkage; Procedure – nolle prosequi where accused dies before close of prosecution.
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19 August 2019 |
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Appellate court upheld murder conviction based on credible civilian eyewitnesses and inferred malice aforethought.
Death in custody – credibility of civilian versus police witnesses – danger of false implication – corroboration and assessment of bias – medical evidence on head injury – inference of malice aforethought; appellate restraint on trial judge’s credibility findings.
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13 August 2019 |
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Former employees were not to be deemed retired at 55 by the Repeal Act; benefits owed were for years actually served, plus three months' pay in lieu of deficient notice.
Statutory interpretation – Repeal Act Section 8(2)-(3) – retirement under existing terms of service; Employment law – calculation of terminal benefits – pay for years served vs. pay for unworked years (unjust enrichment); Contractual notice – six months’ notice required, remedy salary in lieu; State proceedings – post-judgment interest ceiling.
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9 August 2019 |
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Court held non-compliance with an 'unless order' excused where parties were unaware due to missing record and lack of notification.
Civil procedure — extension of time to comply with 'unless orders' — discretion to extend time — contumelious or intentional non-compliance — effect of missing record and lack of service/notification.
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8 August 2019 |
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Section 47 applies to land reservation claims under the Public Roads Act; appellant failed to prove nuisance, damage or loss causally linked to roadworks.
Public Roads Act s47 – scope limited to compensation for loss of land/rights from road reservation under ss44–45; Tort – liability of statutory agency for nuisance, damage and loss of access; Evidence – appellate restraint on disturbing trial judge’s credibility findings; Causation and proof – need for concrete evidence of damage and medical causation.
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6 August 2019 |
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Whether reliance on employer tribunal records and minor procedural departures justified dismissal for dishonest conduct.
Employment law – unfair dismissal – judicial review of disciplinary decisions – court may consider employer’s disciplinary and appeals records – procedural irregularities do not vitiate dismissal where overall fairness and substratum of facts exist.
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2 August 2019 |
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Whether pension-transfer consent varied written employment terms and whether ambiguous redundancy clauses must be construed against the employer.
Employment law – variation of written employment terms – consent vs pension transfer; redundancy – interpretation of ambiguous clauses; incorporation of statutory redundancy provisions into written contracts; contra proferentem; salary inclusive of allowances for terminal benefits; entitlement to continued wages when employer able to pay.
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2 August 2019 |
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Failure to pursue statutory appeal routes and notice requirements under customs law deprived the High Court of jurisdiction.
Jurisdiction – failure to exhaust statutory remedies and appeal routes under Customs and Excise Act and Regulations – section 164 notice and three‑month limitation – Regulation 126 appeal to Minister – Tax Appeals Tribunal jurisdiction under s.5 of Tax Appeals Tribunal Act.
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2 August 2019 |
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Whether the Intestate Succession Act applies to customary land and whether abandonment permits reallocation of such land.
Customary land – Intestate Succession Act inapplicability to customary land – Abandonment and reallocation of customary land – Standard and sufficiency of judicial reasoning – Appellate review of factual findings and credibility assessments.
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1 August 2019 |
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Court held acting for over six months did not automatically confer confirmation; termination by pay in lieu of notice was lawful.
Employment law — interpretation of acting provisions — clause 5.13.2(a) not deeming confirmation after six months; grievance-procedure breach not actionable if not pleaded; lawful termination by payment in lieu of notice; no constructive/unfair dismissal without proof; entitlement to terminal benefits depends on employment status and precedent.
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1 August 2019 |
| July 2019 |
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31 July 2019 |
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Appeal dismissed: dismissal upheld as procedurally adequate and not shown to have caused prejudice to the appellant.
Employment law – unfair dismissal – disciplinary procedure – staff manual compliance – composition of disciplinary committee – apparent bias – right to cross-examine – sufficiency of evidence – hearsay and appellate review.
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30 July 2019 |
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Insufficient analyst and medical evidence and mis-evaluation of production safeguards defeated causation in a product-liability claim.
Product liability; duty of care by manufacturer; causation; insufficiency of public analyst and medical reports; proper evaluation of unchallenged production and sanitation evidence.
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24 July 2019 |
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Claim failed because analyst and medical evidence did not establish causation between the drink and the respondent's fungal infection.
Product liability/negligence – causation – adequacy of public analyst and medical reports – evidential requirements to link alleged contaminated beverage to injury – evaluation of manufacturer’s sanitization and inspection evidence.
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24 July 2019 |
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Whether a restructuring 'special dividend' was capital or revenue in nature and whether withholding tax relief under section 91 was available.
Income Tax — Withholding tax on dividends; characterization of distributions as capital or revenue; test considers application (use) of distributed profits not solely source; section 2(3) Income Tax Act; relief under section 91; Companies Act — share premium account uses.
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23 July 2019 |
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Whether a dividend arising from restructuring is capital or revenue for withholding tax purposes.
Tax law – withholding tax on dividends; dividend characterisation – capital v. revenue; test depends on application not solely source; restructuring transactions; s.2(3) Income Tax Act; relief under s.91.
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23 July 2019 |
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Appellant failed to prove ownership; customary alienation by chief after local consultation was valid.
Customary land — Alienation by chief with headman and village committee — validity where local customary procedures followed; Civil standard of proof — balance of probabilities in competing oral evidence; Evaluation of witnesses — failure to call material witness may undermine claim; Distinction between alienation of State land and customary land (Lands Act provisions inapplicable).
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23 July 2019 |
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Damages for unfair dismissal reduced to 12 months due to fixed-term contract and mitigation by respondent.
Employment law - unfair dismissal; damages for wrongful termination; fixed-term contract and mitigation; unjust enrichment; quantum of damages; interest at Bank of Zambia average deposit/lending rates; forensic exoneration.
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23 July 2019 |
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Transitional constitutional provisions can preserve appellate rights pending enactment of enabling legislation; motion dismissed, no costs.
Constitutional transition — continuity of laws pending enactment of enabling legislation — jurisdiction to grant leave to appeal; accrued rights preserved by transitional provisions; validity and scope of Practice Directions during constitutional transition; role of Constitutional Court vs other superior courts in constitutional interpretation.
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16 July 2019 |
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Whether a permanent resident qualifies to purchase a government institutional house without presidential written consent under s3(3).
Lands Act s3(3) – statutory construction: subsections disjunctive; permanent resident (s3(3)(a)) independently qualifies non‑Zambians to own land; Civil Service Home Ownership Scheme eligibility; presidential written consent (s3(3)(c) required and non‑delegable); evidentiary requirement for presidential consent; sale of government institutional houses.
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9 July 2019 |
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Whether section 3(3) of the Lands Act is disjunctive and whether ‘permanent resident’ status alone suffices to acquire land.
Lands Act s.3(3) – statutory construction; subsections disjunctive; permanent resident (s.3(3)(a)) suffices to own land; presidential consent (s.3(3)(c)) requires writing under President’s hand; eligibility for government institutional house under Civil Service Home Ownership Scheme.
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9 July 2019 |
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Court held respondent was an employee (contract of service) despite lump-sum payments and lack of statutory deductions.
Employment law — contract of service v contract for services — definition of 'employee' under Employment Act — method of remuneration not determinative — evidentiary weight of employer-originated documents — statutory deductions not conclusive.
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9 July 2019 |
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Appellant's conviction upheld where officer's eyewitness chase and capture placed him fleeing the scene despite ballistic inconsistencies.
Criminal law – Conviction on evidence of flight and pursuit – Eyewitness police chase as direct evidence; admissibility of evidence obtained without warn-and-caution; no obligation to call s.294 evidence where credibility resolved; ballistic mismatch not fatal where presence at scene proved.
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9 July 2019 |
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Circumstantial evidence including recent possession, blood-stained clothes and flight upheld convictions; identification found reliable.
Criminal law – aggravated robbery and murder – circumstantial evidence – recent possession and flight – identification evidence – risk of mistaken identity – failure to call informants.
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5 July 2019 |
| June 2019 |
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Application for leave to appeal from an arbitral award dismissed for lacking public importance and reasonable prospects of success.
Civil procedure – Leave to appeal – Section 13(1) and (3) Court of Appeal Act – Appeal to Supreme Court requires point of law of public importance and reasonable prospects of success; Arbitration – challenge to arbitral award – substantive impeachment of award not ordinarily public law; Public policy – denial of relief in arbitral award does not automatically engage public importance.
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26 June 2019 |
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A mortgagee’s lawful sale extinguishes the mortgagor’s equity of redemption; the respondent’s purchase defeats the appellants’ specific performance claim.
Contract law — good faith and fair dealing cannot override express contractual or post-agreement arrangements; Mortgage law — mortgagee in possession’s right to sell under court consent order; Equity of redemption — extinguished upon lawful sale by mortgagee in possession; Specific performance — unavailable where entire property sold to third party purchaser; Recovery of deposit — failure of consideration and unjust enrichment.
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11 June 2019 |
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Appellant failed to prove respondent sold goods beyond those listed; respondent entitled to repossess under retention-of-title; appeal dismissed.
Contract law – Sale and Purchase Agreement with retention-of-title (Romalpa) clause; distraint and execution; onus of proof in allegations of wrongful sale/removal of goods; appellate review of factual findings.
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11 June 2019 |
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Appeal dismissed where grounds failed to challenge dismissal and extension issues could not affect the outcome.
Civil procedure — extension of time — restoration to active cause list — dismissal for want of prosecution — appellate jurisdiction — appeal must challenge operative dismissal order.
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11 June 2019 |
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Order 113 summary ejectment appropriate where documentary evidence shows no real or serious dispute of title.
Civil procedure – Order 113 summary possession proceedings; when summary procedure inappropriate – court may examine affidavits and documents to determine if dispute is real; conversion under Order 28 discretionary; proof required to establish claim of right.
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11 June 2019 |
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Court finds no provocation or extenuating circumstances; murder conviction and death sentence affirmed.
Criminal law – Provocation – Elements: act of provocation; actual and reasonable loss of self‑control; proportionate retaliation – Insults by a child not sufficient provocation – Extenuating circumstances not made out – Murder conviction and mandatory death sentence upheld.
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10 June 2019 |
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Whether acting six months creates automatic confirmation and whether contract termination by payment in lieu was wrongful.
Employment law – acting appointments – clause 5.13.2(a) does not automatically deem confirmation; Employment law – termination – payment in lieu under contract lawful absent proven malice; Industrial relations – applicability of precedent limited by differing employment status; Damages – mental anguish claims require pleading and evidential proof.
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10 June 2019 |
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Appellate court reduced an excessive 25-year manslaughter sentence to five years, giving weight to the appellant’s guilty plea and first-offender status.
Criminal law – Manslaughter – Sentencing – Manifestly excessive sentence – Trial judge’s misdirection by relying on facts not in agreed statement – Mitigation: guilty plea, first offender and remorse – Appellate interference and reduction of sentence.
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10 June 2019 |
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The appeal alleging a defective s169(1) CPC judgment failed; convictions upheld and aggravated robbery sentence increased.
Criminal procedure – sufficiency of judgment under s169(1) CPC – appellate discretion to decide on record; Evidence – eyewitness identification; confession statements; possession of recently stolen property presumption; Sentence – variation of inadequate mandatory minimum for aggravated robbery.
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10 June 2019 |
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Whether statutory retirement benefits vested as accrued rights and whether employment contract incorporated statutory minimum terms.
Contract interpretation – clause deeming original contract to apply to continued employment; statutory incorporation – whether a general choice‑of‑law clause imports specific statutory minimums; accrued statutory rights – section 14(3)(c) preserves only specific rights whose conditions were satisfied pre‑repeal; proof of entitlement to housing allowance.
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7 June 2019 |
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Transfer reversed where director acted personally; Turquand rule cannot be used to bind the Minister—appeal dismissed.
Mining law — transfer of mining licence (Mines and Minerals Development Act s61) — Company law — director’s authority and limits (Companies Act s216(1)(a)) — Indoor management/Turquand rule not enforceable against administrative decision-maker — Natural justice/consultation (s150) and subsequent right of appeal.
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7 June 2019 |
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A broadcaster cannot rely on justification or public interest where it conceals medical evidence and denies the subject a right to reply.
Defamation — alleged defilement broadcast; justification (truth) — failure where medical report known but omitted; right to be heard — failure to obtain comment; public interest/qualified privilege — Reynolds factors and responsible journalism; repeated broadcasts and malice/recklessness.
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7 June 2019 |
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A broadcaster’s failure to verify, seek comment, and disclose medical findings defeated its justification and public-interest defences.
Defamation – defamatory meaning – justification (truth) – public interest/reynolds qualified privilege – responsible journalism – failure to verify/seek comment – omission of medical evidence – opportunity to be heard.
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7 June 2019 |
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Defective trial judgment; evidence did not prove murder beyond reasonable doubt; conviction reduced to common assault.
Criminal law – Murder – Defective written judgment (s.169 Criminal Procedure Code) – Supreme Court’s section 15 jurisdiction to determine merits – Causation and reasonable doubt where multiple assaults occurred – Identification evidence – Res gestae inadmissible.
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5 June 2019 |