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High Court of Zambia - 2013 June

3 judgments
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3 judgments
June 2013
Mwila v BP Zambia PLC (HK 85 of 2008) [2013] ZMHC 17 (25 June 2013)
Licence expired and non‑renewal not mala fide; plaintiff's damages and declaratory claims dismissed for lack of proof and legal bars.
  • Contract/licence — expiry by effluxion of time and non‑renewal; allegation of mala fide termination; declaratory relief discretionary; proof and limitation of special damages; contractual exclusion of consequential loss; fixtures and fittings require written approval and are removable on termination
25 June 2013
Chiyungi v Chiyungi and Another (HK/D 13 of 2010) [2013] ZMHC 16 (10 June 2013)
Misconduct not a basis to punish in property division; matrimonial assets shared 50:50; company assets kept separate; stay improperly maintained.
  • Family law — property adjustment and maintenance — effect of misconduct on asset division — definition of family assets — corporate assets and lifting the corporate veil — tortious damages excluded from property adjustment — stay of execution and timely notice of appeal
10 June 2013
Evans Chongo Musonda v African Explosives Ltd (HK 45 of 2007) [2013] ZMHC 15 (6 June 2013)
Whether termination for medical reasons without a medical board was wrongful and whether pneumoconiosis was contracted at work.
  • Employment law — termination on medical grounds; requirement of medical board not mandatory where employee accepts termination — Occupational disease — pneumoconiosis/silicosis — burden to prove workplace causation; Workers' Compensation Act s.6 preserves civil claims but does not relieve plaintiff of proving causation
6 June 2013