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High Court of Zambia - 2020 December

14 judgments

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14 judgments

Citation	Judgment date
December 2020
Chisenga Sichande v Finca Zambia Limited (2015/HP/1379) [2020] ZMHC 412 (31 December 2020) Plaintiff's unfair dismissal and malicious prosecution claims dismissed; entitled only to half-salary during suspension; defendant succeeded on negligence counterclaim. Employment law – summary dismissal justified where employee authorised unsupported transfers and benefited; entitlement to suspension half-pay under employer's disciplinary code; malicious prosecution requires absence of reasonable and probable cause; negligence and breach of fiduciary/duty of care – counterclaim upheld for specific irregular transaction; damages to be assessed.	31 December 2020
Perry Mapani v Zambia Development Agency (COMP/IRCLK/129/2019) [2020] ZMHC 483 (31 December 2020) Contractual termination by payment in lieu for unsatisfactory performance was lawful; no wrongful, unfair or unlawful dismissal found. Employment law – termination v dismissal – contractual termination by notice/payment in lieu – performance‑based termination – appraisal criteria changes – wrongful and unfair dismissal tested by procedure and substance – audi alteram partem not mandatory for contractual notice termination – damages for unearned future salary not recoverable.	31 December 2020
Gabriel Muyinda v Menox Property Merchants Limited (2020/HPC/0551) [2020] ZMHC 449 (28 December 2020) Failure to file mandatory accompanying documents with originating process is an irregularity warranting setting aside. High Court Rules — Order 6(1) (as amended by S.I. No. 58 of 2020): mandatory attachment of statement of claim, list/description of documents, list of witnesses, and letter of demand — non‑compliance amounts to irregularity; registry acceptance does not cure breach; court power to set aside originating process.	28 December 2020
Graduare Property Development Limited v The Attorney General (HP 162 of 2019) [2020] ZMHC 263 (27 December 2020)	27 December 2020
Mulenga John Chishimba v The Attorney General (HP 1660 of 2018) [2020] ZMHC 220 (27 December 2020)	27 December 2020
Kashikoto Conservancy Limited v Darrel Alexander Watt (HP/C 489 of 2018) [2020] ZMHC 245 (26 December 2020)	26 December 2020
Kauya and Anor v National Housing Empowerment Fund Ltd (HPC 960 of 2020) [2020] ZMHC 383 (21 December 2020) Interlocutory injunction refused where applicant sought monetary relief but failed to prove respondent cannot satisfy damages. Interlocutory injunction — adequacy of damages — pleading monetary relief implies adequate remedy at law — burden on applicant to prove respondent's inability to satisfy judgment — Order 30 Rule 6A — stare decisis.	21 December 2020
Jean-Marc Ndalimuna v Boniface Musabimana (2015/HPC/0448) [2020] ZMHC 396 (17 December 2020) A defendant's signed written acknowledgment of debt permits judgment on admission and recovery of payment, interest and costs. Judgment on admission — Order XXI, Rule 5; written acknowledgment of debt — genuineness of signature; breach of contract — damages; interest as general damages (2% p.a. from writ date); costs taxed in default.	17 December 2020
Hellicy Chakosamoto Ng'ambi v Oliver Musonda (Trading as Pladoc Enterprises) (2015/HPC/0364) [2020] ZMHC 397 (16 December 2020) Written design-and-build contract; variation permitting owner-purchased materials; breach and negligence for building without approvals; refunds for borehole and fittings. Contract law — written design-and-build lump-sum contract; parol evidence and collateral variation; variation by mutual agreement and consideration; forbearance vs variation; construction law — implied term and duty to obtain planning/building approvals; negligence for commencing works without statutory permits; remedies — damages and refunds for breached ancillary oral contracts; counterclaim failure for lack of particulars and evidence.	16 December 2020
Norsad Finance Limited v Ulendo Rinp Plc (In receivership) and Ors (2019/HPC/012) [2020] ZMHC 418 (15 December 2020) Trustee's contractually limited role and the exchange's statutory remit precluded liability for the investor's losses. Securities law – note trustee duties under Trust Deed – contractual limitation of monitoring; Guarantee cancellation by issuer notice; securities exchange obligations rest with issuer; requirement of SEC approval for exchange rules; no piercing of corporate veil.	15 December 2020
Peter Mulenga (Managing director of Shalom Christian Academy) v Namonje (HP 1399 of 2019) [2020] ZMHC 286 (13 December 2020) Interim injunction refused: serious issue to be tried, but damages are an adequate remedy; leave to appeal granted. Interim injunctions – American Cyanamid principles – whether serious question to be tried – adequacy of damages versus irreparable injury – balance of convenience unnecessary where damages suffice – disputes over oral periodic tenancy termination, alleged illegal structures, rent arrears and property dilapidation.	13 December 2020
Tinenenji B Chembe v Chembe (HP/D 35 of 2014) [2020] ZMHC 85 (13 December 2020) Five-year continuous separation establishes irretrievable breakdown justifying decree nisi; ancillary matters referred to mediation. Matrimonial Causes Act s8 and s9(1)(e) – five-year continuous separation – irretrievable breakdown – decree nisi – no reasonable likelihood of resumption of cohabitation – s18(1) hardship not pleaded – referral of property, maintenance and custody to mediation (SI 72 of 2018 reg 4(4)) – costs each party.	13 December 2020
Delicious Milling Limited v Kasompe Milling Limited (HP/C 36 of 2019) [2020] ZMHC 307 (5 December 2020)	5 December 2020
Aubrey Chama and Anor v Mordris Investments Limited and Ors (2018/HKC/0067) [2020] ZMHC 433 (4 December 2020) Signed financing agreement constituted an admission of K1,277,367 enabling judgment on admission and damages for breach. :[	4 December 2020

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