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Court of Appeal of Zambia - 2020 June

15 judgments
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15 judgments
June 2020
Guardall Security Group Limited v Reinford Kabwe (APPEAL NO. 44/2019) [2020] ZMCA 145 (30 June 2020)
A statutory one‑year disposal limit in the Industrial Relations Act is mandatory; exceeding it renders the judgment void.
  • Industrial and Labour Relations Act — section 19(3)(b)(ii) — one‑year disposal period mandatory — non‑compliance robs court of jurisdiction — section 94 distinct — late judgment nullity — remedy: set aside and remit for rehearing.
30 June 2020
Clare Akombelwa Mac Wangi and Anor v Attorney General (Appeal No. 108/2019) [2020] ZMCA 198 (26 June 2020)
The respondent's refusal to sell government flats was not irrational and the applicants had no legitimate expectation.
  • Administrative law — Judicial review — Wednesbury unreasonableness — Institutional houses under civil service housing Handbook — Legitimate expectation — Representation by authorised decision‑maker required.
26 June 2020
Daniel Miyoba Sichombo v The Citizens Economic Empowerment Commission [2020] ZMCA 188 (26 June 2020)
An employer may lawfully invoke a contractual notice clause after suspension unless bad faith is shown; suspension pay includes allowances.
  • Employment law — Termination by notice clause after suspension — Employer may invoke contractual notice absent bad faith; IRC may ‘pierce the veil’ only where malice or sham reasons exist; entitlement to full pay during suspension includes allowances; employer to issue certificate of service where statutory/pensionary matters outstanding; facilitation of transfer of employer-sold personal-to-holder vehicle.
26 June 2020
Sam Chisulo v Mazzonites Limited (CAZ APPEAL NO. 67/2019) [2020] ZMCA 157 (26 June 2020)
Time to apply under a conditional appearance runs from the Deputy Registrar's endorsement, not from filing.
  • Civil procedure — conditional memorandum of appearance — Deputy Registrar’s endorsement gives effect to conditional appearance and starts the endorsed 14‑day period — default judgment entered before endorsement irregular — applicability of Whitebook editions.
26 June 2020
African Banking Corporation Zambia Limited (T/A Atlas Mara) v Mattaniah Investments Limited (In Receivership) and Ors (CAZ APPLICATION NO. 73/2019) [2020] ZMCA 143 (19 June 2020)
Affidavits in interlocutory proceedings may include sourced beliefs, but extraneous legal argument will be expunged.
  • Affidavits — Order 41 Rule 5 Whitebook — interlocutory proceedings exception — statements of information or belief must state sources and grounds — extraneous matters and legal argument in affidavits are expunged.
19 June 2020
Bikson Jishika v Barrick Lumwana Mining Company Limited (Appeal 117 of 2017) [2020] ZMCA 50 (19 June 2020)
Court upheld dismissal: disciplinary procedure followed, retraining not punishment, factual findings not disturbed on appeal.
  • Labour law — unfair dismissal — disciplinary procedure — admission of charge — retraining not punishment — double jeopardy — burden of proof — appeals limited by s.97 Industrial and Labour Relations Act.
19 June 2020
Enock Percy Kavindele v Brigadier General Godfrey Miyanda (Appeal No. 70 of 2019) [2020] ZMCA 205 (19 June 2020)
Whether taxation conducted in absence of counsel can be set aside and whether a litigant in person may recover legal practitioners' profit costs.
  • Costs — Taxation — Setting aside taxation proceedings — Order 62/10 RSC — Trucing/Taxing Officer — Litigant in person — Legal Practitioners (Costs) Order — Out-of-pocket expenses vs profit costs — Joint tortfeasors — Apportionment of costs — Error of principle in taxation.
19 June 2020
Fransis Mweemba v The people (CAZ Appeal 164 of 2018) [2020] ZMCA 52 (19 June 2020)
Cogent circumstantial evidence (recovered stolen gun, sale of carcass) upheld murder convictions; aggravated robbery not proved.
  • Criminal law — Circumstantial evidence — Requirements for cogency and exclusion of reasonable innocent hypotheses; common purpose (s.22 Penal Code); recovery of stolen firearm near accused’s residence; late/afterthought defence; aggravated robbery not proved.
19 June 2020
Given Chomba v Antelope Wholesale Merchants Limited (CAZ APPEAL NO. 86/2018) [2020] ZMCA 201 (19 June 2020)
An employee's summary dismissal founded on fabricated evidence is unfair and attracts compensation beyond the notice period.
  • Employment law — dismissal — wrongful dismissal (contractual breach) v unfair dismissal (lack of substratum of facts) — disciplinary procedure and natural justice — treatment of forged/confidential statements and effect on disciplinary outcomes — compensation for dismissal founded on fabricated evidence.
19 June 2020
John Sangwa v Sunday Bwalya Nkonde, SC (CAZ Appeal 60 of 2019) [2020] ZMCA 57 (11 June 2020)
Court of Appeal dismissed interlocutory appeal for lack of jurisdiction over constitutional questions about judicial immunity and Article 28.
  • Constitutional law — Article 28 petitions — procedural rules and use of Rules of the Supreme Court — preliminary issues — Order 14A and Order 33 RSC — judicial immunity — whether judicial officers can be petitioned under Bill of Rights — appellate jurisdiction over constitutional interpretation.
11 June 2020
Alick Chindo v Buks Haulage Limited (CAZ APPEAL NO. 58/2019) [2020] ZMCA 197 (2 June 2020)
The applicant's admission at an exculpatory meeting and prior warnings justified dismissal without further investigation.
  • Employment law — unfair dismissal — procedural fairness — requirement for investigation — exculpatory meeting and admission — prior warnings — Chirwa principle — appellate review of factual findings.
2 June 2020
Nkosi Breweries Limited & Another v Citizen Economic Empowerment Commission (Appeal 49 of 2018) [2020] ZMCA 55 (2 June 2020)
Reopening a matter already finally decided by the High Court was incompetent; referral and assessment proceedings were nullities for lack of jurisdiction.
  • Civil procedure — originating summons decided on affidavits — whether decision styled as a 'ruling' is a final judgment — res judicata bars reopening issues determined by final judgment — orders made without jurisdiction are nullities — Deputy Registrar’s jurisdiction to assess receipts.
2 June 2020
Duncan Silembo (S/A next of kin of the late Silembo being his son) v Roman Shaloomov (S/A Sekelelea Farm) (CAZ APPEAL NO. 44/2020) [2020] ZMCA 147 (1 June 2020)
The applicant succeeded in having a leasehold title cancelled for impropriety in the customary-to-lease conversion process.
  • Land law — Conversion of customary tenure to leasehold — Chief consent and local authority procedures — Improper Form II and absence of site visit report — Individual customary rights — Cancellation of certificate of title for impropriety — Innocent purchaser doctrine.
1 June 2020
Foveros Mining Limited v Bell Equipment Zambia Limited (CAZ APPEAL NO. 115/2018) [2020] ZMCA 200 (1 June 2020)
Whether an acknowledgement of debt was conditional so as to preclude judgment on admission.
  • Civil procedure — Judgment on admission — Acknowledgement of debt — Whether admission was conditional or unconditional — Payment proposals versus conditions precedent — Counterclaim is a distinct action and does not bar judgment on admission.
1 June 2020
Hope Bwalya v Blu- Lifestyle Limited (CAZ APPEAL NO. 52 OF 2018) [2020] ZMCA 196 (1 June 2020)
Settlement 'without prejudice' communications are protected; they remain inadmissible in the Industrial Relations Division and cannot be cherry‑picked.
  • Evidence — 'without prejudice' correspondence — admissibility — public policy protecting settlement negotiations — Industrial Relations Division (Section 85) — narrow exceptions to privilege — prohibition on cherry‑picking admissions from negotiations.
1 June 2020