Judgments

Malicious prosecution — elements: prosecution, favorable termination, absence of reasonable and probable cause, malice; False imprisonment — unlawful arrest, burden of proof; Damages — general, aggravated, exemplary; Effect of defendant's default on burden of proof.

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

Assessment of damages – determination of occupation period and surrender by delivery of keys – unjust enrichment as bar to retaining benefit without restitution – conversion of foreign currency using period-specific Bank of Zambia rates – duty to mitigate – costs following the event.

Contract/Commercial law – Guarding services – interpretation of deployment instruction (two officers per shift) – breach of duty of care/negligence – set-off under clause 6.4 – disputed invoice procedure (clause 6.3.3) – valuation of losses to be assessed by Registrar – interest and costs to abide assessment.

Employment law — acting and responsibility allowances — entitlement requires formal appointment; Whistleblower protection — good faith and procedural compliance required; Constructive dismissal — employee must prove employer’s conduct amounted to fundamental breach.

Civil procedure — dismissal for want of prosecution; failure to comply with orders for directions; inordinate/inexcusable delay; prejudice and risk to fair trial; dismissal of claim and counter-claim; costs — each party to bear own; leave to appeal granted.

Civil procedure – High Court Rules amended by S.I No. 58 of 2020 – Order 11/1 – filing of defence does not waive right to challenge irregularity of writ; Practice Direction No. 4 of 1977 – period for entry of appearance – service of process on advocates; duty of trial courts to adjudicate all issues

Contract variation — instalment acceptance as mutual variation and consideration; Duress — threats to report or reminders not automatically vitiating consent; Burden of proof — counterclaim must be proved on balance of probabilities; Cheques and payment patterns as evidence of acknowledgement of debt and ongoing indebtedness.

Property law – substance over form: sale with option to repurchase vs disguised loan; evidentiary requirement to authenticate handwritten documents; mesne profits/occupational fees for unauthorized occupation; discretionary award of costs to successful party.

Company law – authority to commence proceedings – board resolution only required if company’s articles so provide; Contract law – rescission for breach by non‑payment; Unjust enrichment – occupation without payment; Rent Act inapplicable to sale/rescission disputes; Civil procedure – case management and refusal to re-open/ amend pleadings.

Constitutional jurisdiction — Article 128(1) limited by Article 28 — Bill of Rights matters (Articles 11–26) to be determined by High Court and Supreme Court — High Court interlocutory/procedural orders — limits on use of Constitutional Court originating summons for abstract interpretation — abuse of process — remedy by appeal.

Civil procedure – Default judgment – Service of writ – Order X (10) Rule 22 High Court Rules – requirement of endorsed writ and affidavit of service – jurisdictional prerequisite – enlargement of time to enter appearance.

Property law — Nuisance (private v public) — Fencing Act requirements for dividing fences — Unilateral demolition and repair — Remoteness and proximate cause for loss of business damages — Apportionment of fence costs.

Criminal procedure — no‑case‑to‑answer / prima facie test (s206, s207 CPC); Anti‑Corruption Act — wilful failure to follow laid down procedure; evidentiary threshold at close of prosecution case; court not to decide credibility or proof beyond reasonable doubt at this stage.

Public Finance Management Act s52 — surcharge of public officers; Secretary to the Treasury's power to determine loss; Attorney General's exclusive right to sue for recovery; statutory bodies as 'public bodies'; refund vs surcharge distinction; Employment Code s68(1)(f) inapplicable.

Judicial review – Order 53 RSC – leave to apply – locus standi; Judicial Complaints Commission – jurisdiction to hear complaints after retirement; Procedural impropriety – calling witnesses for complainants and natural justice; Constitutional questions – referral to Constitutional Court vs. High Court jurisdiction; Mootness where executive acts on administrative recommendation

Civil procedure — mode of commencement — Order VI Rule 1 HCR — writ of summons primary; Originating Summons confined to matters disposable in chambers; Order 30 Rule 11 discretion limited; breach of contract/default on loan not amenable to summary chamber proceedings; wrong commencement deprives court of jurisdiction; proceedings a nullity.

Employment law – severance pay – Section 54(1)(c) inapplicable to permanent/pensionable employees and dismissed employees; Accrued benefits – Section 51(1) entitlement on dismissal; Pension law – portability and payment of accrued pension under Pension Scheme Regulation Act; Joint liability of employer and pension fund manager for pension benefits.

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Judicial review — Order 53 RSC — leave as filter for arguable case; Judicial Complaints Commission — jurisdiction, procedural impropriety, natural justice; prerogative remedies in High Court; constitutional issues referable to Constitutional Court; recommendations vs decisions.

Arbitration — jurisdiction founded on consent; Ad Hoc submission agreement superseding arbitration clauses; competence‑competence and Article 16(2)–(3); derivative claims — mandatory two‑stage leave procedure under s.331 Companies Act; non‑signatory party cannot be bound without consent; attendance does not necessarily equal waiver.

Employment law – discretionary performance bonuses – eligibility criteria (company objectives, individual year‑end appraisal, ability to pay, employment at payment) – accrued rights to bonuses – payment in lieu of notice terminates employment – legitimate expectation – pleadings and admissibility of unpleaded claims.

Constitutional Court practice — discontinuance/withdrawal — Order X rule 3 mandatory — consent summons/Practice Direction No.11 inapplicable — notice and service — full Court where cause-listed — costs and public interest.

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.

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)

Constitutional procedure – Discontinuance under Order X Rule 3 – Court’s discretionary power to allow withdrawal before judgment; Costs – section 30 CCA – discretion to award costs where litigation is frivolous or vexatious; Prima facie finding – relevance to denying costs.

Forfeiture — Non-conviction-based forfeiture permissible under s.31(4) FPOCA; forgery qualifies as a "serious offence"; admissibility of bank statements—Evidence (Banker's Book) Act compliance required; seizure notices—authenticity and proper record; costs—State may recover costs but in-house counsel not entitled to profit costs.

Contract law — consideration (forbearance to sue third party); Registration of land instruments — Lands and Deeds Registry Act ss.4,6 — extension/curability; Housing Act/formalities and repeal; Transactions in land as security versus sale — intention of parties; Summary procedure — Order 14A RSC — issues requiring trial; Caveat removal procedure.