Results.
5 judgments found.
|
|
|
| April 2011 |
|
|
Retrenchment terminated union membership; Article 11 tenure provisions do not override cessation of membership on loss of employment.
-
Union constitution — membership conditional on employment — Article 4(8) cessation on termination of employment; Article 11 tenure of full‑time NEC members not a shield against loss of membership; retrenchment extinguishes union membership; Industrial Relations Court has exclusive jurisdiction only where employment relationship subsists; High Court jurisdiction where employment severed
|
20 April 2011 |
|
Mother lacked the requisite written consent under Order 80 to act as next friend, so the proceedings were dismissed.
-
Civil procedure — Disability (infant) — Next friend/guardian ad litem — Order 80 RSC — written consent and prescribed documents required before acting or being named — non‑compliance renders proceedings improperly before the court
|
15 April 2011 |
|
Plaintiff must provide proper foundation for emails before admission; unsigned contracts may be produced but effect reserved.
-
Evidence — Electronic communications (emails) — requirement to lay foundation and authenticate data messages — Electronic Communications and Transactions Act s.8 — admissibility and evidential weight; Civil procedure — White Book (1999) incorporated into Zambian law — Orders 25 and 72 applicable; Commercial list — not exempt from ordinary rules of evidence; Documents — unsigned contracts may be produced, legal effect reserved for judgment
|
11 April 2011 |
|
The applicant entitled to the withheld contract balance; respondent could not withhold payment as tax or prove damages for delay.
-
Contract law — written contract interpretation — purchase price fixed and binding; extrinsic evidence inadmissible to vary written terms; supplier’s tax liability limited to taxes incurred prior to delivery (clause (y)); buyer’s withholding of contract balance for alleged taxes unjustified; failure to invoke contractual remedies for delay (clause (o)/(q)) and failure to prove damages; judgment for outstanding contract balance with interest
|
10 April 2011 |
|
The plaintiff's lawful expulsion before certain exams justified nullification of subsequent results; Dean-made regulations held valid.
-
University disciplinary procedure — Student Board of Discipline proceeding in absentia — Validity of Dean-made General Rules and Regulations (2005) — Construction of s.49 University Act — Effective date of expulsion and nullification of examination results — Proof of damage
|
5 April 2011 |