Results.
16 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 |