Results.
10 judgments found.
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| May 2026 |
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Failure to consult before redundancy warrants compensation, but an appellate court rightly reduced an excessive award.
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Employment law
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Redundancy — Employer's duty to consult employees prior to redundancy — Remedies for breach of consultation obligation (Employment Code Act s.55)
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Measure of compensation — Distinction between award for wrongful termination and compensation for failure to perform contractual/statutory consultation obligation
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Civil procedure — Assessment of damages on appeal — Appellate restraint and the Kawimbe principles for interfering with trial judge's award of damages
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22 May 2026 |
| April 2026 |
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Court erred in deciding unpleaded statutory claims; section 54(1)(c) applies to fixed‑term contracts, not summary dismissals.
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Employment law — Severance pay — Applicability of section 54(1)(c) to contracts of fixed duration — Severance not payable on summary dismissal for gross misconduct
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Civil procedure — Pleadings and scope of relief — Court cannot decide unpleaded issues or grant relief not claimed — Right to be heard (Article 18)
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17 April 2026 |
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Recognition by familiar witnesses and corroboration upheld the murder conviction; appeal dismissed.
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Criminal law — recognition/identification evidence — factors: familiarity, lighting, distance and opportunity; corroboration of recognition; warn-and-caution statement not on record; non-production of physical evidence
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16 April 2026 |
| March 2026 |
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Failure to notify the appellant of a Director's decision precludes statutory appeal; High Court may hear the trespass action.
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Mines and Minerals Development Act — sections 96 and 97 — mandatory written notice, reasons and right of appeal — failure to notify precludes invoking 30‑day appeal — jurisdiction and mode of commencement — trespass action vs statutory appeal — remit to High Court
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31 March 2026 |
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High Court erred by deciding a petition not before it and failing to rule on the applicant's stay application.
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Constitutional law — parliamentary privilege and alleged immunity from criminal prosecution; Civil procedure — jurisdiction and competence to decide matters not formally before the court; Procedural fairness — judge’s misdirection in deciding unargued issues; Remittal to cure failure to determine application heard.
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13 March 2026 |
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Leave to appeal granted due to significant procedural and substantive errors about an unsigned memorandum and the law on guarantees.
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Civil procedure — Leave to appeal to Supreme Court under s.24(b) — Validity and effect of unsigned Memorandum of Appeal; Appellate jurisdiction and competence. Civil and contract law — Personal guarantees v performance bonds — construction of guarantees; conditional vs on-demand liability. Abuse of court process — institution of separate proceedings against guarantors. Public importance of appellate procedural regularity
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10 March 2026 |
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Leave granted to appeal to resolve whether an unsigned memorandum and mischaracterisation of guarantees affected appellate competence and law.
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Leave to appeal — procedural requirements for appellate documents — unsigned Memorandum of Appeal and competence of appeal; Civil procedure — abuse of court process and joinder of related causes; Contract law — distinction between performance bonds and personal guarantees; Guarantees — conditional versus unconditional (on-demand) liability; Rules of Court — importance of compliance and remedying defects.
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10 March 2026 |
| February 2026 |
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Applicants granted leave to appeal where proposed grounds raised legal issues, mixed questions, and procedural concerns warranting Supreme Court review.
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Leave to appeal — section 13 Court of Appeal Act — point of law of public importance — mixed law and fact — witness demeanour versus evidence — PACRA records and shareholding — fiduciary duties of directors — costs and interested parties — court practice directions (page limits)
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11 February 2026 |
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Applicants failed to show a point of public importance or reasonable prospects of success to obtain leave to appeal under section 13(3).
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Employment law — Redundancy pay — Interpretation of sections 54(1)(d), 55(3) and 67(4) of the Employment Code Act — "Other benefits" and inclusion of car allowances, talk-time and bonuses — Distinction between tools of trade and remunerative emoluments — Leave to appeal under section 13(3) Court of Appeal Act — public importance, prospects of success, compelling reasons.
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11 February 2026 |
| January 2026 |
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Whether a disputed debt quantum defeats a winding-up petition despite admission of indebtedness, raising public-law issues.
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Corporate insolvency — winding-up petitions — disputed quantum of debt versus admission of indebtedness — leave to appeal — point of law of public importance — prospects of success — section 13 Court of Appeal Act.
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29 January 2026 |