Results.
29 judgments found.
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| September 2020 |
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30 September 2020 |
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30 September 2020 |
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Whether rebuttal evidence was properly admitted and whether conviction and death sentence were justified amid a fight and mob-beating.
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Criminal law — admissibility of rebuttal evidence — distinction between Part VI (s.210) for subordinate courts and Part IX (s.294) for High Court — identification by recognition — single-source fatal head injury — malice aforethought — mandatory death sentence and absence of extenuating circumstances (s.201(b)).
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30 September 2020 |
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30 September 2020 |
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Circumstantial evidence upheld conviction; absence of proven drunkenness led to reinstatement of mandatory death sentence.
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Criminal law — Murder — Circumstantial evidence; identification by abandoned property (shoes and borrowed bicycle); recording of verdict; sentencing — drunkenness not proven, mandatory death penalty reinstated.
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30 September 2020 |
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30 September 2020 |
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30 September 2020 |
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Circumstantial evidence upheld the murder conviction; lack of proof of drunkenness removed mitigation and reinstated the death sentence.
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Criminal law — murder — circumstantial evidence sufficiency; inference from property/shoes found near body; verdict recording; drunkenness as extenuation; mandatory death sentence reinstated.
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30 September 2020 |
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A court may order security for costs (including a caveat) against a foreign-resident plaintiff at any stage; discretion was properly exercised.
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Civil procedure — security for costs — application may be made at any stage — discretion to order security — factors to consider — foreign plaintiff owning local property — caveat/attachment as permissible security.
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29 September 2020 |
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Court upheld a security-for-costs order and permitted a caveat on a non-resident plaintiff’s local property.
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Civil procedure — Security for costs — Non-resident plaintiff — Timing of application (any stage) — Discretionary exercise of court’s power — Attachment/caveat as permissible temporary security — Property ownership not absolute bar to security for costs.
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29 September 2020 |
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29 September 2020 |
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29 September 2020 |
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Registered joint tenancy and survivorship vested sole ownership in the respondent, permitting summary possession under Order 113.
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Property law — joint tenancy and right of survivorship; conclusiveness of certificate of title; summary possession under Order 113 after withdrawal of licence; multiplicity of actions/abuse of process.
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29 September 2020 |
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Court reduced excessive damages, ruled judges may assess damages, and adjusted funeral expenses for reasonableness.
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Civil damages — loss of expectation of life — awards must be moderate; Special damages — proof and reasonableness of funeral expenses; Assessment of damages — High Court judge’s jurisdiction v Registrar/Deputy Registrar; Interest on judgments — short term deposit rate then Bank of Zambia lending rate.
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24 September 2020 |
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23 September 2020 |
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23 September 2020 |
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23 September 2020 |
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23 September 2020 |
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18 September 2020 |
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18 September 2020 |
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Failure to prove payment and absent written evidence defeated the appellant’s claimed resulting trust in land; appeal dismissed.
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Property law — resulting trust — proof of payment and intention; Statute of Frauds and writing for trusts of land; certificate of title conclusive (Lands and Deeds Registry Act s33); bona fide purchaser for value without notice; appellate interference with factual findings.
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18 September 2020 |
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Failure to prove payment and absence of written memorandum defeated resulting trust claim; certificate of title and bona fide purchaser prevailed.
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Property law — resulting trust — necessity of proving payment to invoke presumption — Statute of Frauds (1677) and writing requirement for trusts of land — Lands and Deeds Registry Act, s.33 (certificate of title conclusive) — bona fide purchaser for value without notice and priority in equity.
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18 September 2020 |
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Corporal punishment for adults permitted only where offence involves brutality; conviction and imprisonment upheld.
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Criminal law — Sentencing — Indecent assault — Whether corporal punishment appropriate for adult offenders — Principle: corporal punishment only where offence involves brutality (R v Subulwa)
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18 September 2020 |
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16 September 2020 |
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A purchaser with notice cannot acquire whole title from a vendor who lacked legal interest; estate restored full ownership.
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Land law; bona fide purchaser and constructive notice; nemo dat quod non habet; nullity for want of jurisdiction; cancellation of certificate of title and rectification of Lands Register; duties of purchaser to enquire of occupant.
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11 September 2020 |
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Conviction on strong circumstantial evidence upheld; no proven drunken extenuation so custodial sentence set aside and death penalty reinstated.
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Criminal law — Circumstantial evidence — Sufficiency and cogency to sustain murder conviction; evidence of possession/abandonment of items near body; verdict formalities; sentencing — drunkenness as extenuation and mandatory death penalty.
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11 September 2020 |
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Section 19(1) of the Limitation Act excludes limitation where beneficiaries allege fraud or fraudulent breach of trust by an administrator.
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Succession and Trusts — Limitation — Applicability of section 19(1) Limitation Act to beneficiary claims alleging fraud or fraudulent breach of trust
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Property Law — Constructive trust — Administrator of intestate estate as constructive trustee; sale without court authority may be nullity (Intestate Succession Act s19(2))
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Land Law — Bona fide purchaser for value without notice — onus and effect where purchaser may have been put on notice by administrator's conduct
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4 September 2020 |
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Section 19(1) excludes limitation where beneficiaries allege trustee fraud; appellant’s claim held not statute‑barred and remitted for trial.
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Limitation Act (1939) — ss.19(1) & 20 — exclusion of limitation where beneficiary alleges fraud or fraudulent breach of trust; constructive trust where administrator acquires title; administrators' fiduciary duties and prohibition on selling estate property without court authority (Intestate Succession Act); bona fide purchaser for value without notice defence; dismissal for being statute‑barred reversed and matter remitted for trial.
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4 September 2020 |
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Non‑joinder of induced parties is not fatal in an inducing‑breach claim; High Court jurisdiction and summary dismissal were improperly applied.
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Civil procedure — economic tort of procuring breach of contract — non‑joinder of induced parties not fatal; jurisdiction — Cotton Board of Zambia does not oust High Court jurisdiction absent express provision; Order 14A, RSC — preliminary issues unsuitable for final disposal where merits require full hearing; obiter industry‑wide pronouncements on pre‑finance agricultural contracts set aside.
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1 September 2020 |