Skip to document content Skip to main menu Skip to search

High Court of Zambia - 2012 February

6 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
6 judgments
February 2012
Kawambwa Tea Company v Chipanama (HN/CA 36 of 11) [2012] ZMHC 18 (28 February 2012)
Termination was by contractual notice, not redundancy; employer must repatriate but no salary due under s26B.
  • 'Employment law — redundancy — section 26B — termination deemed redundant only if employer ceases business or reduces requirement for specific work.'
28 February 2012
Nampak Zambia Limited v Copperfields Brewing Company Limited (HN 149 of 2010) [2012] ZMHC 17 (28 February 2012)
Court refused to pierce the corporate veil absent proof of intentional fraudulent carrying on of the company’s business.
  • Companies Act s383 — Lifting/piercing corporate veil — Requirement of fraudulent carrying on of company business and knowledge by persons concerned — Mere cessation or change of business address not proof of fraud — Salomon principle reaffirmed
28 February 2012
Tembo v Kabwe and Others (HP/EP 65 of 2011) [2012] ZMHC 3 (19 February 2012)
Misposting of polling‑station results by electoral officials rendered the election result irregular; recount established the petitioner as duly elected; costs awarded against the electoral commission.
  • Electoral law — Local Government Elections Act — Misposting of polling‑station results at totalling centre — Recount as remedy — Declaration of who was duly elected — Liability of electoral commission for irregularity and costs
19 February 2012
Mutantika and Sheal v Chipungu and Electoral Commission of Zambia (HP/EP 42 of 2011) [2012] ZMHC 16 (14 February 2012)
Election petition dismissed: petitioners failed to prove bribery, treating or undue influence to the required electoral standard.
  • Election law — nullification — corrupt and illegal practices — bribery, treating, undue influence — government relief distribution versus candidate’s conduct — agent attribution and knowledge/consent — heightened standard of proof in election petitions
14 February 2012
The People v The Executive Chairman of the Task Force on Corruption Exparte Aaron Chungu and Faustin Kabwe (2008/HP/1339) [2012] ZMHC 93 (9 February 2012)
Application for judicial review dismissed: presidentially constituted Task Force lawfully comprised seconded officers retaining statutory powers.
  • Judicial review — Order 53 — Illegality, ultra vires and presidential powers — Ad hoc Task Force constitutionality — Secondment of officers retains statutory powers — Validity of call‑outs and investigations.
9 February 2012
Mubanga v Fichite (HN 306 of 2010) [2012] ZMHC 15 (2 February 2012)
Purchaser's breach defeats specific performance; vendor validly exercised re-advertisement option and must refund deposit with interest.
  • Contract for sale of land — ownership passes on full payment — clause allowing vendor to re-advertise on purchaser default — Statute of Frauds bars unenforced oral variations to written land contracts — acceptance of late reduced payment not necessarily waiver of right to repudiate — specific performance refused for defaulting purchaser — refund with interest ordered
2 February 2012