Results.
14 judgments found.
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| June 2022 |
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Employee dismissed after refusing to attend disciplinary hearings; accrued leave awarded, dismissal and terminal benefits claims dismissed.
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Employment law — dismissal for misconduct — statutory right to be heard (s.52(3) Employment Code; clause 10(c) collective agreement) — refusal to attend disciplinary hearing — accrued leave entitlement — unjust enrichment and terminal benefits.
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30 June 2022 |
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Claims for contractual allowances, bonus variation, redundancy and wrongful termination dismissed; respondent must issue certificate of service.
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Employment law — contractual terms trump verbal promises; allowances must be contractually or statutorily provided; discretionary bonuses not contractual; employer may transfer employees within Zambia if contract permits; refusal to accept lawful redeployment may amount to resignation/desertion; mandatory issuance of certificate of service under Employment Code Act.
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30 June 2022 |
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Discretionary bonuses and intra‑company transfers permitted by contract do not automatically give rise to redundancy or unlawful variation; employer must issue certificate of service.
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Employment law — allowances and arrears; discretionary bonuses — not contractual entitlements; intra‑company transfers — contractual transfer clause and statutory provisions; redundancy and desertion; duty to issue certificate of service.
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30 June 2022 |
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Termination under the contract's notice clause for operational requirements was lawful; wrongful dismissal claim dismissed.
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30 June 2022 |
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29 June 2022 |
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Plaintiff's claims for director retainer fees and statutory-duty damages dismissed for failure to prove contractual entitlement or causation.
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Contract law — written employment contract and privity; extrinsic evidence inadmissible to vary clear terms; burden of proof on claimant; director remuneration requires appropriate resolution/authority; breach of statutory duty actionable only with proven causal damage.
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21 June 2022 |
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Acquittal where circumstantial evidence and investigative failures left reasonable doubt as to the accused's guilt.
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Criminal law — Murder — Circumstantial evidence — Burden of proof beyond reasonable doubt — Malice aforethought — Investigative failures (no forensic testing, no fingerprints) — Odd coincidence insufficient to convict — Acquittal.
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21 June 2022 |
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Applicant awarded judgment for debt with contractual interest and a 60-day redemption period before foreclosure.
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Mortgage enforcement — Third-party legal mortgage — Enforcement of contractual interest and compounding — Default and admission by conduct/non-appearance — Equity of redemption and prescribed redemption period before foreclosure.
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20 June 2022 |
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Court enforces personal guarantee against director despite alleged business rescue; moratorium held inapplicable to the guarantor.
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Guarantee enforceability; personal guarantor liability; business rescue moratorium; Corporate Insolvency Act s.25(2); originating summons procedure; burden of proof for business rescue initiation.
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9 June 2022 |
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Unregistered lease is void, but possession and accepted rent created a periodic tenancy permitting the plaintiffs' claims to continue.
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Lands and Deeds Registry Act s4 & s6 — non-registration of a lease renders it void; unregistered lease enforceable inter partes only; possession plus payment and acceptance of rent creates periodic tenancy independent of void lease; Order 14A inappropriate where point of law will not finally dispose of action.
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9 June 2022 |
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Unregistered long lease is void; periodic tenancy arose, but claimant's application was procedurally defective and dismissed.
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Lands & Deeds Registry Act — non-registration of a lease for >1 year renders it null and void; periodic tenancy may arise by possession and payment of rent; procedural requirements under Landlord and Tenant (Business Premises) Act — originating notice of motion limited to specified claims, statutory notice and notification requirements for new tenancy (s.5, s.10) and Rule 5 compliance; improper commencement deprives court of jurisdiction; application dismissed; costs to respondent; leave to appeal granted.
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8 June 2022 |
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The accused convicted under section 224(a) for pushing the victim from a moving vehicle; intent inferred from probable harm.
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Criminal law — Acts intended to cause grievous harm — s.224(a) Penal Code — Pushing person from moving vehicle — intent may be inferred from foresight of probable serious harm — credibility of eyewitness and forensic evidence.
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7 June 2022 |
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By consent, defendant ordered to retract defamatory statement, publish approved apology on social and print media, and pay damages and costs.
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Defamation — Remedies: retraction and public apology (approved by plaintiff), publication on social media and print — nominal damages and costs — consent judgment and enforcement by execution.
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5 June 2022 |
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Application to set aside arbitral award dismissed — no lack of notice, no proven excess of scope, no unlawful delegation to assistant arbitrator.
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Arbitration Act s.17(2) — setting aside arbitral awards — notice of proceedings; scope of submission to arbitration; tribunal composition; Regulation 15 — assistants and delegation of decision‑making.
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3 June 2022 |