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High Court of Zambia - 2015 February

5 judgments
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5 judgments
February 2015
African Conveying Solutions CC v Tombwe Processing Limited (HPC 609 of 2011) [2015] ZMHC 110 (23 February 2015)
Plaintiff failed to prove the defendant agreed to pay additional freight, labour and omitted-invoice charges.
  • Contract formation — variation of price — evidence of acceptance of additional charges; correspondence and invoices interpreted as proposals not accepted variations; custom/usage inadmissible without proof; burden on creditor to prove agreement for post-delivery extras
23 February 2015
Mulenga v Zesco Limited (HP 311 of 2013) [2015] ZMHC 216 (5 February 2015)
Contractual provision ordering payment of employer pension contributions on resignation held unenforceable as contrary to pension and tax law.
  • Employment law — pension contributions — contractual entitlement to employee and employer pension contributions on resignation — Income Tax Act Schedule 4 — NAPSA rules — retirement age (55) — illegality/unenforceability of conflicting contractual term
5 February 2015
Mulenga v Zesco Limited (HP 311 of 2013) [2015] ZMHC 116 (4 February 2015)
Contractual promise to pay employee and employer pension contributions on resignation conflicted with statutory pension rules and was unenforceable.
  • Employment law — entitlement to pension contributions on resignation — interpretation of clause 11.1(b) — conflict with Income Tax Act Schedule 4 and National Pension Scheme rules — enforceability and illegality of contractual term — contra proferentem considered but clause clear
4 February 2015
Muyangwa v Ngoma and Others (HP 356 of 2003) [2015] ZMHC 41 (4 February 2015)
Unlawful landlord eviction defeated major claims; tenant breached residential-use clause and both parties receive offsetting monetary awards.
  • Landlord and tenant — residential tenancy — wrongful self-help eviction without contractual notice — tenant’s breach by using premises for business contrary to residential clause — offsetting monetary awards and interest — no State liability for police protection of vacated premises.
4 February 2015
Nthanga v Kampango (HP/D 259 of 2012) [2015] ZMHC 40 (2 February 2015)
2 February 2015