Results.
23 documents found.
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An interim injunction restrained defendants' destructive activities in a Game Management Area due to likely irreparable environmental harm.
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Environmental law — interim injunction — American Cyanamid test — serious question to be tried — irreparable environmental harm — adequacy of damages — balance of convenience — locus standi — water abstraction — Game Management Area protections.
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Judgment |
25 January 2022 |
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Payment of fees after licence expiry does not entitle the applicant to reinstatement where the area is already licensed.
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Mines and Minerals Act — expiry versus renewal of mining rights — application versus renewal; annual/area charges; allocation of vacated areas; public officer not per se disqualified from holding mining rights; burden of proof on applicant.
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Judgment |
30 July 2021 |
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Interlocutory injunction granted to restrain alleged unlawful mining/exploration on disputed land pending trial.
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Interlocutory injunction — American Cyanamid test: serious question to be tried; adequacy of damages; balance of convenience — preservation of status quo — competing surface rights and mining/exploration rights — environmental assessment and Director of Mines' consent issues.
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Judgment |
22 August 2020 |
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Injunction granted to protect an environmentally sensitive aquifer; State immunity does not shield an SPV from court orders.
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Environmental law — interim injunction to protect environmentally sensitive recharge area; EMA s4 right to clean environment; ZEMA Protection Order and Decision Letter; pre‑conditions (WARMA compliance, hydrological study) as conditions precedent; State Proceedings Act — SPV separate legal personality not immune; irreparable environmental harm and balance of convenience.
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Judgment |
17 February 2020 |
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A party likely to be affected by reissued exploration rights ought to be joined under Order 14/5(1) HCR.
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Procedure — Joinder of parties — Order 14/5(1) HCR and Order 15/4(1) RSC — person entitled to or claiming interest in the subject matter or likely to be affected — ministerial cancellation and reissuance of petroleum exploration licence — discretion to join aimed at effective adjudication — distinction from Abel Mulenga.
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Judgment |
28 November 2018 |
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Court quashed verbal timber export ban for illegality, ordered licences issued; damages claim dismissed.
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Judicial review — Forests Act (ss. 50, 53, 62) — Illegality and procedural impropriety for failure to give written notice and show cause — Ministerial verbal export ban unsupported by statute — Mandamus to statutory officer to issue/renew licences — Damages/compensation dismissed; s.56(1)(b) bars compensation.
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Judgment |
28 July 2018 |
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High Court retains jurisdiction to hear trespass and nuisance claims where respondents lack mining or non-mining rights.
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Mining Appeals Tribunal — scope of jurisdiction — Sections 96–98, 100 Mines and Minerals Development Act — original versus appellate jurisdiction — statutory interpretation — trespass and nuisance claims against persons without mining rights — mode of commencement and jurisdiction.
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Judgment |
12 June 2018 |
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Judgment |
23 February 2018 |
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Court allowed final extension to file record of appeal, finding delay not inordinate nor prejudicial.
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Civil procedure — appeal — extension of time to file record of appeal — Order 13 Rule 3(3) Court of Appeal Rules — inordinate delay a question of fact — prejudice to respondent — dismissal for want of prosecution.
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Judgment |
28 November 2017 |
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Plaintiff’s Sheriff-auction acquisition of immovable mining assets failed due to irregular execution and lack of statutory surface rights and licence.
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Civil procedure — Execution and sale by Sheriff — writ of fieri facias vs sale of immovable property; Sheriff’s Act ss14–15 — indemnity and purchaser protection; High Court Rules Order XLII — elegit and execution procedure; Mines and Minerals Development Act — mineral processing licence, surface rights, village consent and Zambian shareholding requirements; bona fide purchaser for value/no notice.
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Judgment |
28 September 2017 |
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A court cannot enter judgment on admission based on interlocutory findings; admissions must be clear and unconditional.
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Civil procedure — Judgment on admission — admissions must be clear, unequivocal and unconditional — Order 21 HCR and Order 27 RSC; Interlocutory injunction — limits of findings at interlocutory stage; affidavit evidence incomplete and not substitute for trial; discretion to enter judgment on admission; remittal for trial.
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Judgment |
14 September 2017 |
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An appeal based on inconsistent appeal documents and a late amendment request is incompetent and dismissed with costs.
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Civil procedure — Appeal — Memorandum of appeal must comply with Rule 58(2) — Inconsistent notice of appeal and grounds — Amendment of memorandum sought late — Prejudice to respondent — Appeal held incompetent and dismissed.
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Judgment |
24 November 2015 |
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EIA consultation rights extend beyond title holders; subsequent consultations and agency approvals can cure initial EIA defects.
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Environmental law — Environmental Impact Assessment — right to be consulted not limited to title holders; scope and cure of EIA defects; discretionary admission of further evidence on appeal; mining licence outsourcing permitted where affiliate licensed; reliance on agency approvals and mitigation conditions
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Judgment |
30 October 2014 |
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Default judgment entered prematurely was irregular; respondent lacked locus standi to claim EPF funds, appeal allowed with costs.
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Civil procedure — default judgment — requirement to allow full 21‑day period for appearance — irregularity if judgment entered prematurely; locus standi — private person cannot recover or demand deposit into government Environmental Protection Fund (EPF); scrutiny of writ endorsements — claims must have legal basis and not be speculative; review and setting aside — once judgment is irregular necessity to exhibit defence falls away
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Judgment |
26 November 2013 |
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An unregistered assignment gave the plaintiff an equitable interest that defeated a later certificate wrongly issued by the State.
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Land Law
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Title and Equitable Interests — Effect of unregistered assignment and protection of an equitable owner
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Registration and Certificates of Title — Cancellation of subsequent certificate issued in error where earlier certificate exists (s.34(1)(e) Lands and Deeds Registry Act)
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Administrative Law — Allocation of State Land — Commissioner of Lands’ lack of power to alienate land already subject to prior title
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Judgment |
16 October 2013 |
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Court appointed a receiver over the mining licence by equitable execution, dispensing with the affidavit of fitness and denying a separate injunction.
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Equitable execution; appointment of receiver over mining licence; adequacy of property description; dispensing with affidavit of fitness under Order 30(1)(7) RSC; injunction ancillary to receivership; failure of fi.fa execution
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Judgment |
21 March 2013 |
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Unauthorized local authority offers do not merit specific performance; plaintiffs entitled to refund and referral to Commissioner of Lands.
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Land Law — Allocation of State Land — Local authority officers issuing offers without authority
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Contract/Equity — Specific Performance — Availability where subject matter is State land and performance impracticable
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Remedies — Damages and Recommendation to Competent Authority — Refund of payments and administrative referral
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Judgment |
16 October 2012 |
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A local council's sand levy on crushed stones was intra vires, reasonable, and did not constitute double taxation.
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Local government by‑laws — Levy on commodities — Section 69 Local Government Act — Inclusion of crushed stones in sand levy — Wednesbury unreasonableness — Proper mode of commencement (originating summons v judicial review) — Double taxation (mining royalties v local levy) — Impoundment and injunctive relief
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Judgment |
3 August 2012 |
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Court refused interim injunction over disputed land title, holding the balance of convenience favoured maintaining the status quo pending trial.
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Interim injunctions — land — registered title v. asserted customary occupation — irreparable harm and adequacy of damages — balance of convenience — preservation of status quo pending trial; alleged improper acquisition of title
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Judgment |
5 March 2012 |
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Interlocutory mandatory injunction granted to compel removal of unauthorised traders from road reserve due to public danger and likely plaintiff success.
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Interlocutory mandatory injunction; balance of convenience (Nottingham/Eurodynamics test); licencees on road reserve with no title; public safety and danger from construction; enforcement of judgment on admission; absence of opposing affidavits
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Judgment |
14 June 2011 |
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Caveat removed where caveator failed to disclose an enforceable interest and did not show cause under s.81; National Parks Act does not bar all grants.
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Lands and Deeds Registry Act s.76–77–81 — caveat requires disclosure of enforceable/beneficial interest; Zambia Wildlife Act s.13(1)(b) — grants in National Parks permitted if consistent with Act; burden on caveator to show cause why caveat should remain; exclusion of legal argument in affidavits (Order 5 Rules 15–16)
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Judgment |
26 May 2011 |
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Whether land grants made during de‑gazettement remain valid and whether allocations after re‑gazettement without statutory authority are lawful.
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Forest law — de‑gazettement and re‑gazettement — validity of grants made during de‑gazetted period; Administrative law — judicial review — illegality, irrationality and procedural impropriety of grants made after re‑gazettement without statutory authority; Civil procedure — availability of declaratory relief in judicial review and counter‑claims (Order 53).
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Judgment |
10 January 2006 |
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A first‑class magistrate may be deputed within the district without formal transfer unless the case is part‑heard.
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Criminal procedure — Transfer of cases — Deputation of a first‑class magistrate within same district — No formal transfer required if case not part‑heard; part‑heard or remission to lower class requires formal transfer
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Judicial discipline — Unlawful discharge of accused amounts to nullity and abuse of process
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Judgment |
7 April 1980 |