Results.
211 judgments found.
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| December 2019 |
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Appeal dismissed: external investigation and disciplinary process were lawful, dismissal substantively fair; bonus, repatriation and defamation claims failed.
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Employment law — disciplinary procedure — external investigator permissible; Natural justice — opportunity to be heard; Fair dismissal — conduct bringing employer into disrepute; Bonus schemes — entitlement contingent on service and good standing; Immigration law — repatriation duty applies to employment permit holders; Defamation — justification/defence not entertained on appeal if not pleaded below; Costs follow the event.
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30 December 2019 |
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Dismissal for admitted misconduct upheld; bonuses forfeited; no statutory repatriation for resident permit; defamation claims rejected.
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Employment law — disciplinary investigations — external investigator permitted to supplement HR statements; natural justice — appellant afforded hearing; dismissal upheld for misconduct. Employment law — bonuses — forfeiture where employee not in service and in good standing on measurement date. Immigration law — repatriation duty under s.28(8) applies to employment‑permit holders, not resident permit holders
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Defamation — justification defence where statement true in substance; qualified privilege not raised below cannot be raised on appeal. Civil procedure — costs follow the event
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30 December 2019 |
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The appellant failed to show special or sufficient grounds for a stay of execution pending appeal.
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Stay of execution — discretionary remedy — requires good, convincing or special/sufficient grounds — court may assess prospects of appeal — ex-parte stay discharged — costs awarded.
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27 December 2019 |
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Whether the appellant showed special circumstances and prospects of success to warrant a stay of execution pending appeal.
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Stay of execution — discretionary remedy — requires good and sufficient reasons — special circumstances — prospects of success on appeal — res judicata and multiplicity of actions — discharge of ex-parte stay — costs.
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27 December 2019 |
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Leave granted to appeal denial of review; appeal against statute‑barred dismissal denied as not properly before the court.
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Civil procedure — leave to appeal — requirement to obtain leave from the High Court before appealing a ruling dismissing a claim as statute‑barred — single judge of Court of Appeal may grant leave where High Court denied leave — slip rule/review argument considered.
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19 December 2019 |
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Applicant failed to show good and sufficient reasons for a stay; application dismissed and ex parte stay discharged.
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Civil procedure — Stay of execution pending appeal — Discretionary relief — Requirement of good and sufficient reasons or special circumstances — Assessment of prospects of success and respondent’s ability to satisfy judgment — Discharge of ex parte stay.
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18 December 2019 |
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Court granted stay of execution pending appeal, holding stays discretionary and appellants showed sufficient prospects of success.
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Civil procedure — Stay of execution pending appeal — Discretionary remedy — Appeal does not automatically stay execution — Court may preview prospects of success — Must show good and convincing reasons — Money judgment — Allegations of misapprehension of facts and excessive/exemplary damages.
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17 December 2019 |
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Applicant failed to demonstrate special circumstances to justify a stay of execution pending appeal; application dismissed with costs.
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Stay of execution pending appeal — discretionary relief — applicant bears burden to show special circumstances — appeal rendered nugatory — instalment proposals and foreclosure judgment — Order 59 Rule 13.
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17 December 2019 |
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Whether the applicant should be granted a stay of execution pending appeal absent special circumstances and strong prospects of success.
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Civil procedure — Stay of execution pending appeal — Order 59 Rule 13 — discretion to grant stay — requirement of special circumstances — prospects of success and irreparable harm — admissibility/weight of new evidence at stay stage.
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16 December 2019 |
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Whether foreign documents must be authenticated or are admissible when an employee's admission binds the employer.
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Authentication of foreign documents — Section 3, Authentication of Documents Act — general requirement for notarisation — exception where unauthenticated document binds parties between whom it was made — employer bound by employee's admission of guilt and payment of penalty — admissibility of foreign police/traffic reports.
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16 December 2019 |
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Interim injunction confirmed to preserve customary succession pending trial due to risk of irreparable communal harm.
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Interim injunction — American Cyanamid principles — customary succession under matrilineal Bisa law — Electoral College role — irreparable harm and preservation of status quo — balance of convenience — clean hands.
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13 December 2019 |
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Leave to appeal and a stay were refused: unsworn affidavits invalid and proposed grounds lacked public importance or prospects of success.
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Civil procedure — leave to appeal to Supreme Court — threshold under s.13(3) — stay of execution pending appeal — requirements for special circumstances; Affidavits — requirement to be sworn before Commissioner for Oaths; Banking law — joint accounts — liability to be debited for another entity's debt; Foreign nationality and execution — not per se grounds for stay.
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13 December 2019 |
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Court refused stay where ruling awarded damages to be assessed and appeal lacked prospects due to unilateral computation.
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Stay of execution — discretionary remedy — prospects of success — damages awarded to be assessed by Deputy Registrar not immediately enforceable — unilateral computation of judgment sum and levy of execution impermissible.
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6 December 2019 |
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Court granted seven-day extension to lodge appeal due to applicant's medical incapacity and alleged error in damages assessment.
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Appeal — extension of time — Court of Appeal Rules Order 13 r 3(3) — medical incapacity and delay in obtaining evidence — alleged variation/error by Registrar in assessment of damages — discretion to extend — costs in the cause.
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6 December 2019 |
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A vendor's advocate holding a deposit as stakeholder owed the appellant duty and was liable for negligent misrepresentation.
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Conveyancing — Vendor's advocate as stakeholder — fiduciary duties to purchaser under Law Association of Zambia Conditions of Sale — negligent misrepresentation — admissibility and weight of unchallenged oral evidence — purchaser's engagement of counsel does not automatically absolve vendor's advocate.
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4 December 2019 |
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Movers of an impeachment motion have sufficient interest to be joined to judicial review challenging the Speaker's tabling decision; wrong procedural citation not fatal.
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Administrative law — Joinder to judicial review — "sufficient interest" for judicial review (Order 53) — forum shopping — procedural irregularity (wrong rule cited) not fatal — costs in public-interest matters.
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4 December 2019 |
| November 2019 |
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Dismissal was unfair due to disparate treatment and excessive sanction; costs award overturned for lack of Rule 44(1) grounds.
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Employment law — unfair dismissal — disparate treatment in disciplinary proceedings — employer’s disciplinary code and proportionality of sanction — costs under Industrial Relations Court Rule 44(1) — appellate restraint on findings of fact (s.97 ILR Act).
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28 November 2019 |
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Court corrected a clerical error in its judgment, holding grounds 1–6 allowed and ground 7 otiose.
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Civil procedure — correction of clerical error in judgment — Court of Appeal Rules Order 13/8 read with Supreme Court Rules Order 20/11 — amendment of inconsistent conclusion — otiose grounds.
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28 November 2019 |
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Consent judgment governed release of equipment; no separate collateral hire agreement; appeal dismissed and compensation upheld.
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Civil procedure; Consent judgment as contractual and binding; equipment release; collateral agreement; liquidation of debt; compensation for deprivation of use; appellate review of factual findings; evidence of agreed rate (emails).
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28 November 2019 |
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Whether Section 20 of the Limitation Act bars claims brought on behalf of a deceased’s estate and justifies leave to appeal.
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Limitation Act s20 — interpretation re claims ‘to the personal estate’ of a deceased; leave to appeal — Section 13(3) Court of Appeal Act (point of law of public importance; reasonable prospects of success; compelling reasons); accrual of cause; equitable claims and limitation; fiduciary duties under Companies Act versus limitation; fraudulent concealment (s26(6)).
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21 November 2019 |
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Contributions by family members do not alone create a constructive trust; registration and transfer documents determine ownership.
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Property law — ownership and registration — family/constructive trust — contributions by family members; Certificate of Title and assignment as conclusive evidence of ownership; Property Transfer Tax implications for trusts; ineffective gift absent deed; fraud must be pleaded and proved.
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19 November 2019 |
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Consent judgment for trespass upheld; unpleaded assessment heads disallowed; award preserved and to be paid in equal shares.
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Property law — Trespass and damages — Public Roads Act s48(1),(2),(4),(7) and s50 — Requirement of prior consultation before entry — Assessment of damages on consent judgment — Assessment limited to pleaded heads — Apportionment of liability and indemnity.
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19 November 2019 |
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Appellant entitled to refund and loss-of-bargain damages; limitation defence cannot be raised by court sua sponte.
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Contract of sale of land; specific performance; limitation must be pleaded—court may not raise it sua sponte; bona fide purchaser for value without notice; restitution of purchase money and mortgage redemption; damages for loss of bargain assessed at present market value.
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19 November 2019 |
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Identification corroborated by sale of stolen goods; grievous harm not proved, death sentence substituted with 30 years.
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Criminal law — aggravated robbery — single-witness identification — corroboration by sale of stolen property; Grievous bodily harm — statutory definition and evidential threshold; Sentencing — requirement to charge/particularise when death penalty is contemplated.
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19 November 2019 |
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Appeal against foreclosure dismissed; director status affirmed and interlocutory challenge held non-appealable.
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Commercial law — secured facilities — mortgage and guarantees — foreclosure and sale — entitlement to interest on delinquent account — deeds of deposit as consent to security — directors’ liability for company obligations — interlocutory rulings and appealability.
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19 November 2019 |
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Tenant’s failure to oppose a statutory termination notice under the Act barred challenge and landlord recovered mesne profits.
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Landlord and Tenant (Business) Premises Act — statutory notice to terminate — compliance with s.6(3) — s.11(1)(f) substantial works as ground for possession — mesne profits for wrongful occupation; offset for rents paid; interest on assessed sum.
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19 November 2019 |
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Police executed the search; appellant not liable for police actions; State ordered to restitute pipes and pay loss-of-use damages.
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Search and seizure — execution by named police officers — liability for detention of seized property — complainant not vicariously liable for police actions — pleading and proof of slander — assessment of witness credibility — restitution and damages for loss of use.
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18 November 2019 |
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A bank's conditional undertaking to await third-party refinancing did not waive its enforcement rights when the financier unreasonably delayed disbursement.
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Mortgage enforcement — writ of possession — conditional undertaking to release title pending refinancing — condition precedent not fulfilled due to unreasonable delay; waiver and estoppel — no election to waive enforcement; seizure of chattels — severable and subject to interpleader; discharge of mortgage — not justified; corporate veil — unnecessary to lift.
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15 November 2019 |
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Bank liable for debiting customer after honoring forged cheques despite no employee complicity.
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Forgery — Handwriting expert not always required — ocular comparison and witness evidence — civil standard of proof (higher than balance but below beyond reasonable doubt) — bank pays forged cheque at its peril — customer negligence not automatically a bar to recovery.
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13 November 2019 |
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Applicant’s dismissal for negligence (failure to bank premiums) was lawful; no entitlement to suspended salaries or benefits.
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Employment law — wrongful/unlawful dismissal — disciplinary and appeals procedure — competence to uphold negligence for failure to bank premiums — natural justice — entitlement to suspended salaries and benefits.
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13 November 2019 |
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Respondent not a bona fide purchaser where land was already registered to a prior titleholder.
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Lands and Deeds Registry Act s33 — certificate of title; bona fide purchaser for value without notice; prior current certificate of title; Lands Tribunal judgment and rectification of title; survey/subdivision errors; challenge to erroneously issued title.
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12 November 2019 |
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Appeal dismissed: 1997 amendment not applied retrospectively; Registrar's redundancy assessment and interest award upheld.
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Employment law — redundancy — applicable statute (Employment (Amendment) Act 1989 v 1997) — non-retrospective operation of legislation; assessment of redundancy damages — entitlement to contractual terminal benefits and personal motor vehicles; computation of interest — inflation considered via average Bank of Zambia lending rate; procedural treatment of withdrawn claims.
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12 November 2019 |
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Appeal dismissed: employer’s disciplinary process and investigations provided reasonable grounds for dismissal; co-accused was not similarly circumstanced.
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Employment law — unfair/wrongful dismissal — disciplinary procedure — sufficiency of employer investigations; procedural non-compliance not dispositive where dismissible offence established; similarly circumstanced employees; appellate review of findings of fact.
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12 November 2019 |
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Appellant failed to prove fraud or encroachment; certificate of title remained conclusive and appeal dismissed.
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Land law — conversion of customary land to leasehold — requirement of chief and local authority consent — Land (Customary Tenure) (Conversion) Regulations; Certificate of title — conclusiveness under s.33 Lands and Deeds Registry Act; Fraud — must be clearly and distinctly alleged and proved; Burden of proof — who alleges must prove; Re-survey — discretionary, requires evidence of encroachment.
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12 November 2019 |
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Appellate court annulled presidential recognition of an allegedly improperly elected chief and declared the appellant the rightful heir.
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Chieftaincy succession — customary (matrilineal) descent — competency of electoral college — validity of election while dispute pending — presidential recognition under Chiefs Act — probative value of family trees and colonial tour reports.
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10 November 2019 |
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Judicial review dismissed: bidder selection was not irrational, illegal, or procedurally improper; appeal dismissed with costs.
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Administrative law — Judicial review — Grounds: illegality, Wednesbury unreasonableness and procedural impropriety; procurement/sale of public land — evaluation process and evidence — non-production of committee minutes not fatal.
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8 November 2019 |
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Failure to file the record and heads within 60 days without leave results in dismissal for want of prosecution.
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Civil procedure — appeal procedure — failure to file record of appeal and heads of argument within 60 days (Order 10 Rules 6 & 7) — no leave sought to file out of time — dismissal for want of prosecution — discretion to regularize limited by compliance with rules.
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8 November 2019 |
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Extension of time granted where delay in obtaining typed proceedings from lower court was beyond the applicant’s control.
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Civil procedure — Extension of time — Court of Appeal Rules Order 13 Rule 3 — Application filed before expiry of prescribed period — Delay in receipt of typed proceedings from lower court — Sufficient reason for enlargement — Lack of opposing affidavit.
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1 November 2019 |
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A Notice of Motion that omits requisite Act/Order citations breaches practice directions but can be cured by amendment.
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Procedure — Court of Appeal Rules — Notice of Motion must indicate Act, section or Order relied upon — Practice Direction No.1 of 2002 — defective citation may justify refusal to accept filing but may be cured by amendment — preliminary point on competency of process.
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1 November 2019 |
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Related financing agreements were interconnected but the plaintiff elected to enforce the registered Charge; non‑signatories cannot invoke section 10 to stay proceedings.
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Civil procedure — arbitration — stay of proceedings under s.10 Arbitration Act — whether dispute arises under charge or agreements with arbitration clauses — effect of privity: non‑parties cannot invoke s.10 — related documents and elected remedy; constructive trust/ conversion not argued below.
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1 November 2019 |
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Sales and allocations of land in a statutory improvement area without council/ministerial authority are illegal and unenforceable.
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Land law — vested ownership in the President — alienation and subdivision in improvement areas — council and ministerial approval required; Illegality of private sales by youths/MP; Statute of Frauds — writing/memorandum requirement for land dealings; Unenforceability of contracts tainted by illegality; Demolition of unlawfully erected structures — no compensation where title invalid; Appellate review of factual findings.
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1 November 2019 |
| October 2019 |
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Court refused to interpret its judgment under Order 6 because an appeal to the Supreme Court was intended, dismissing the application.
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Civil procedure — Interpretation of court judgments — Order 6 Court of Appeal Rules — Court declines to interpret its judgment where an appeal is intended — Application dismissed, no costs.
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28 October 2019 |
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An appellate court allowed an appeal where the trial judge substituted an un‑pleaded breach of confidentiality claim and reporting was mandated by a Bank of Zambia directive.
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Civil procedure — pleadings define cause of action; submissions cannot introduce un‑pleaded causes; banking confidentiality — Bank of Zambia directive (2008) mandates credit reporting, invoking s.50(1)(c) and obviating express consent; factual finding of default supported by evidence.
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25 October 2019 |
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Whether confession and corroborative independent evidence removed reasonable doubt to sustain a murder conviction.
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Criminal law — murder — circumstantial evidence versus confession — suspect witnesses and danger of false implication — corroboration — admissibility of confessions to non‑authorities (village headman/neighbour).
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25 October 2019 |
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Where a claimant adduces uncontradicted courtroom evidence of negligence, absent any rebuttal, liability may be established on a balance of probabilities.
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Civil liability — motor collision — pleading versus evidence — pleadings define issues but are not evidence; prima facie case shifts burden to defendants to rebut; failure to call evidence entitles claimant to succeed on balance of probabilities; damages under Fatal Accidents Act and Law Reform Act.
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25 October 2019 |
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Appeal dismissed: circumstantial evidence and relatives' testimony upheld where "something more" showed only inference of guilt.
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Criminal law — Suspect witnesses — Relatives of victim not automatically suspect; court must assess bias before requiring corroboration; uncorroborated relative testimony may suffice if no danger of false implication. Circumstantial evidence — conviction permissible only where evidence is cogent and permits only inference of guilt; "odd coincidences" or "something more" may corroborate. Appellate review — findings of fact by trial judge not disturbed unless perverse or unsupported by evidence
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25 October 2019 |
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Reorganisation changing reporting lines did not amount to demotion or constructive dismissal absent contract breach or pleaded/proved relief.
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Employment law — Constructive dismissal; unilateral variation of contract; demotion (change in reporting lines and loss of committee membership); necessity of pleading and proving specific reliefs; evidence and contract terms; costs.
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25 October 2019 |
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Belief in witchcraft, without reasonable fear of immediate danger, does not excuse murder nor prevent conviction.
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Criminal law — Murder — Belief in witchcraft and provocation/extenuation — Requirement of reasonable fear of immediate danger — Suspect witnesses — relatives not automatically requiring corroboration; danger of false implication must be assessed.
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25 October 2019 |
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Appeal dismissed: identification evidence by known witnesses and post-mortems were sufficient to uphold convictions and sentences.
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Criminal law — Identification evidence and recognition — witnesses who knew accused — reliability at dusk/traumatic scenes; Suspect witness and possible interest to serve; Corroboration and appellate review of credibility; Post-mortem reports as proof of cause of death; Common purpose and malice aforethought in group attacks.
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25 October 2019 |
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Employer's abusive conduct and failure to investigate grievance breached implied trust, amounting to constructive dismissal of the respondent.
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Constructive dismissal — implied term of mutual trust and confidence — failure to investigate grievance — 'last straw' principle — burden of proof and failure to call key witness — costs under Industrial and Labour Relations Act Rule 44(1).
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25 October 2019 |