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Citation
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Judgment date
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| 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 |