High Court of Zambia - 2022 February

3 judgments

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3 judgments
Citation
Judgment date
February 2022
Summary dismissal for unauthorised removal of company property upheld; accrued leave payable, unspecified service benefits not proven.
Employment law – unfair dismissal – summary dismissal for unauthorised removal of company property/theft – disciplinary procedure and opportunity to be heard – substratum of facts required – accrued leave payable despite summary dismissal.
23 February 2022
A broker-placed marine cover existed at loss time; insured value awarded, but consequential business losses denied.
Insurance law – validity of cover placed by broker – timing of electronic instructions and cover note; Marine-specific (valued) policy – indemnity principle limits recovery to insured value; Consequential/business loss – not recoverable without express policy provision; Evidence – burden of proof on plaintiff on balance of probabilities.
16 February 2022
Failure to apply for leave to file out of time under Section 85(3) renders an Industrial Relations complaint incompetent and statute‑barred.
Industrial relations — Limitation and jurisdiction — Section 85(3) ILR Act — Mandatory 90‑day filing period — Leave to file out of time required before commencement — Reasons for delay must exist before expiry — Article 118(2)(e) does not negate jurisdictional procedural requirements.
10 February 2022