Court of Appeal of Zambia - 2024 February

53 judgments
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53 judgments
Citation
Judgment date
February 2024
A company in liquidation may sue its former liquidator and a third party for misfeasance and statutory reimbursement despite a stayed winding-up.
Corporate insolvency — competence of company in liquidation to sue for misfeasance by liquidator; section 117 (court review of liquidator acts) is permissive — not an exclusive remedy; statutory liability under s.70(6) for excess remuneration; fresh action permissible where winding-up stayed; joinder and liability of third-party recipients of company funds.
9 February 2024
Resignation does not attract constitutional payroll retention; gratuity limited to contractual/pro rata entitlement and discrimination was unproven.
Constitutional law – Article 189 payroll retention applies to pension benefits under pension law, not contractual gratuity following resignation; Employment law – gratuity payable per contractual terms and Employment Code Act s73(2) (pro rata); Civil evidence – burden of proof on claimant asserting discrimination; Estoppel not established.
7 February 2024
Leave to appeal denied: succession-related customary law issues did not raise a public law point or prospects of success.
Court of Appeal — leave to appeal to Supreme Court — s.13(3)(a),(c),(d) Court of Appeal Act — point of law of public importance — customary law and chieftaincy succession — prospects of success — finality of litigation.
7 February 2024