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High Court of Zambia - 2013 May

4 judgments
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4 judgments
May 2013
Kabuyana and Another v Zambia Revenue Authority (HK 164 of 2012) [2013] ZMHC 41 (31 May 2013)
Court dismissed wrongful dismissal claim, finding procedural compliance and factual basis for disciplinary summary dismissals; costs to respondent.
  • Employment law — disciplinary dismissal — failure to follow procedures and dishonest conduct (bribery/abuse of office) — adherence to internal Grievance and Disciplinary Procedures Code — sufficiency of factual substratum — limited judicial review of internal disciplinary decisions
31 May 2013
Chungu v Chungu (HK/D 59 of 2012) [2013] ZMHC 40 (28 May 2013)
Petitioner’s unreasonable conduct warranted divorce; adultery allegations required joinder and cohabitation barred reliance on earlier transgressions.
  • Divorce law — irretrievable breakdown — unreasonable behaviour — adultery allegations require joinder of named third party — section 12(1) cohabitation bar — presumption of paternity — DNA demand unreasonable
28 May 2013
Hon. Justice Dennis Chirwa v Attorney General (HP 534 of 2013) [2013] ZMHC 14 (27 May 2013)
Extension and leave granted to judicially review a presidential decision withholding a judge's statutory emoluments; stay refused.
  • Judicial review — public vs private law — statutory conditions of service for judges — extension of time for leave to apply — leave to apply for judicial review — interim stay refused; case management direction to hear expeditiously
27 May 2013
Enock Kavindele and Another v Bologna Properties Ltd and Another (HP 196 of 2013) [2013] ZMHC 13 (14 May 2013)
An inadequately drafted/positioned penal notice and defects in service and particulars rendered committal proceedings unsustainable; leave set aside.
  • Civil procedure — Enforcement of orders — Contempt/committal — Mandatory requirement for penal notice on front of injunction (Order 45(7)(4)); personal service of order and committal papers (Order 45(7)(2), Order 52); corporate contempts — sequestration of assets and imprisonment of responsible officers; curable procedural defects and Court’s discretion to dispense with service
14 May 2013