Results.
3,947 judgments found.
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| August 2020 |
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13 August 2020 |
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12 August 2020 |
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6 August 2020 |
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Whether a distributor can claim goodwill compensation for marketing suppliers' trademarked goods absent an express contractual entitlement.
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Distribution agreements — entitlement to goodwill compensation — distinction between commercial agent and distributor — trademark goodwill (supplier) v business goodwill (distributor) — no automatic common-law indemnity for distributors on termination — damages for breach/insufficient notice preserved.
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6 August 2020 |
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4 August 2020 |
| July 2020 |
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27 July 2020 |
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16 July 2020 |
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Delay caused by counsel’s misconduct and absence of fee notes justified setting aside an irregular default judgment and granting leave to defend.
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Civil procedure — setting aside default judgment; inordinate delay versus excusable delay caused by counsel misconduct; legal fees claims — requirement to render and serve bill and wait one month (Order 50 r.2; Legal Practitioners Act s.83(2)); counsel misconduct and conflict of interest; jurisdiction to set aside irregular default judgment and refer professional misconduct to regulatory committee.
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14 July 2020 |
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Registrar cannot permit confusingly similar marks to co-exist without evidence of honest concurrent use or special circumstances.
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Trade Marks Act ss16–17 — similarity and likelihood of confusion of device marks — section 17(2) requires evidence of honest concurrent use or special circumstances — territoriality of trademark protection — registrar’s discretion must be judicially exercised and clearly justified — commercial success not a substitute for special circumstances.
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10 July 2020 |
| June 2020 |
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Members exiting a defined benefit scheme are entitled to actuarially-determined present value portable benefits under the statute.
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30 June 2020 |
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Defined benefit and defined contribution schemes yield different portable benefits; leaving members are entitled to actuarial present value portability.
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Pension law — defined benefit v. defined contribution schemes — portability of accrued retirement benefits — section 18(1)(f) and 18(3)(b) Pension Scheme Regulation Act — present value/actuarial valuation — abolition of deferred pensions — inconsistency between Trust Rules and statute — remedy to recompute and pay outstanding portable benefits.
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30 June 2020 |
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Title cancelled for impropriety in acquiring a government pool-house plot; appeal dismissed.
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Lands and Deeds Registry Act — certificate of title — cancellation for impropriety/fraud — government pool houses — role of Provincial Housing Committee in allocation — bona fide purchaser and constructive notice — Registrar to effect cancellation.
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30 June 2020 |
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24 June 2020 |
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Single judge may hear stay applications, but stay refused where leave to appeal lacks prospects and finality concerns prevail.
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Jurisdiction — single judge powers to grant interlocutory relief; Stay of execution — test: prospects of success, irreparable prejudice and special circumstances; Procedural finality — effect of appeal dismissal for procedural non-compliance; Reopening v relaunching appeals; Requirement for leave to file out-of-time applications.
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23 June 2020 |
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Whether a single judge may stay an Industrial Relations Court judgment pending leave to appeal after a Supreme Court dismissal.
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Procedure — stay of execution pending appeal — jurisdiction of single judge of Supreme Court to grant stay of lower court judgment — finality of Supreme Court decisions — requirement to preview prospects of success and show irreparable prejudice — relaunching appeal after procedural dismissal.
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23 June 2020 |
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23 June 2020 |
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17 June 2020 |
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17 June 2020 |
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17 June 2020 |
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Failed provocation does not automatically afford extenuation; severe, excessive violence justified dismissal of sentence mitigation.
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Criminal law — murder — sentence — alleged provocation as extenuating circumstance — failed defence of provocation not automatically mitigating — objective threshold required — excessive and prolonged force defeats provocation.
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17 June 2020 |
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17 June 2020 |
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Leave under section 13 is limited to grounds raising a point of law of public importance; non-qualifying grounds are severed.
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Appeals — Leave under section 13 Court of Appeal Act — 'Point of law of public importance' must transcend private interests — Section 13(3) factors disjunctive — Novelty alone insufficient — Leave limited to grounds raising the public-importance point — Severance of non-qualifying grounds.
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11 June 2020 |
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11 June 2020 |
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8 June 2020 |
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1 June 2020 |
| May 2020 |
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Court clarified that pre-judgment simple interest merges into judgment debt; post-judgment interest runs at Bank of Zambia lending rate.
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Interest — Pre-judgment interest (simple) merges with principal into judgment debt; post-judgment interest on judgment debt governed by Judgments Act; payment into court arrests interest; no compounding of pre-judgment interest; Rule 78 correction of judgment.
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28 May 2020 |
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A consent judgment cannot impose insurer liability beyond the policy; pre-accident market value and proof required for loss-of-use awards.
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Insurance law — contract of indemnity; consent judgment cannot increase insurer’s obligations beyond policy; pre-accident market value as measure of loss for totalled vehicle; special damages (loss of business) require cogent evidence; appellate interference where wrong principle applied in damages assessment.
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27 May 2020 |
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26 May 2020 |
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26 May 2020 |
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Denying employees a genuine option over share-match shares breached employment contracts but did not terminate employment.
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Employment law — share-match scheme — incorporation by reference into employment contracts; non-guaranteed benefit but contractual term; privity of contract and unenforceability of third‑party sale agreement; unilateral directive compelling sale as breach; remedy — damages, not automatic redundancy/termination.
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20 May 2020 |
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20 May 2020 |
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Tax authority may rely on its own audit over a third‑party transfer‑pricing report; pre‑Tribunal settlement (K100 billion) upheld, partial appeal allowed.
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Tax law — transfer pricing — transfer pricing report prepared for a related party not binding on tax authority; Tax procedure — section 11 (form of demands) — factual question whether report was requested; Tax anti‑avoidance — section 95 reasonable grounds to believe main purpose was tax avoidance may be based on audit differentials; Evidence — burden on appellant to produce hedging and development agreements; Settlement — pre‑Tribunal negotiated settlement binding on quantum.
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20 May 2020 |
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20 May 2020 |
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20 May 2020 |
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15 May 2020 |
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14 May 2020 |
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Court upheld murder convictions on strong circumstantial evidence but replaced juvenile’s death sentence with detention during the President’s pleasure.
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Criminal law — murder — circumstantial evidence and conduct (flight, possession of victim’s documents) establishing guilt; Judicial inspection of scene — High Court Act s33; Alibi — requirement to give sufficient details to enable Police investigation; Juvenile offenders — s25(2) Penal Code prohibits death sentence, substitute detention during President’s pleasure.
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14 May 2020 |
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14 May 2020 |
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Suspected drug dealing and claimed struggle do not excuse a deliberate fatal shooting; intent established by aiming and firing.
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Criminal law — Murder: malice aforethought; evidence of aiming and single fatal head wound; forensic omissions and missing witnesses; suspected drug dealing not an extenuating circumstance.
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14 May 2020 |
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14 May 2020 |
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14 May 2020 |
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13 May 2020 |
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13 May 2020 |
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Employer may terminate by notice despite ongoing disciplinary proceedings where misconduct is dismissible and contract permits notice.
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Employment law — wrongful dismissal — disciplinary procedure — contractual termination by notice — serious misconduct (misuse of staff accounts) — employer's right to elect termination despite disciplinary proceedings.
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13 May 2020 |
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13 May 2020 |
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13 May 2020 |
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Welfare of the child is paramount; trial judge’s custody decision and concerns about workplace safety and sibling stability were upheld.
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Family law — Child custody — Welfare of the child paramount — Trial judge’s discretion in custody decisions — Suitability of parental work environment — Continuity of care and sibling bonds — Variation of interim custody orders.
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13 May 2020 |
| April 2020 |
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An interim indemnity for USD3 million was discharged when the appellant accepted and registered the handed-over securities.
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Contract of indemnity — conditional/interim indemnity — effect of surrender/acceptance and registration of securities; syndicated security — role of security agent and requirement for syndicate consent; debt-to-equity conversion — share certificate not conclusive; burden of proof as to breach of indemnity.
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22 April 2020 |
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10 April 2020 |
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9 April 2020 |