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High Court of Zambia - 2022 July

6 judgments
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6 judgments
Citation
Judgment date
July 2022
Chanda & Another v Target Security Solutions (COMP/IRCLK/406/2021) [2022] ZMHC 122 (26 July 2022)
26 July 2022
Ethel Musungu v Cesar Porras Vilcapoma (2019/HK/FCD/65) [2022] ZMHC 30 (24 July 2022)
Best interests, not the children’s sex or a protection order, determine interim custody; respondent awarded custody.
Family law – Interim custody – Best interests of the child paramount – No automatic presumption that girl children must be placed with mother – Social Welfare Report admissible but not binding – Children's views may be taken via welfare officer without voire dire – Protection/occupation orders and immigration status not determinative.
 24 July 2022
Vincent Makondo (Suing as General Secretary of the Judicial And Allied Workers Union of Zambia) v Matildah Chilambwe (Sued in her capacity as General Secretary of the National Union for Judicial Workers) and Ors (APP NO.01/2021) [2022] ZMHC 52 (20 July 2022)
Alleged fraudulent inclusion of members insufficient to rebut statutory presumption that union registration complied with the law.
Labour law – union registration – statutory requirements under s9(2); presumption under s9(4); proof required to rebut registration; membership in multiple unions; office-bearer restriction under s18(3).
 20 July 2022
United Nations Federal Credit Union v Dorah Namasiku Likukela (2014/HPC/0057) [2022] ZMHC 54 (13 July 2022)
Applicant entitled to restitution and a constructive trust over assets bought with mistakenly transferred funds.
Restitution – mistake of fact – unjust enrichment – elements for restitution; Constructive trust – property acquired with mistaken funds – equitable remedy; Tracing – recovery of proceeds and priority of beneficial interest; Interest and costs on mistaken payment.
 13 July 2022
James Chansa v Stephen Mukupa (sued in his capacity as National Secretary of the National Union of Miners and Allied Workers) (2021/HN/284) [2022] ZMHC 76 (7 July 2022)
Tenure limits in a union constitution are valid; administrative guidance is not binding without formal constitutional amendment.
Labour/Constitutional law — Trade union constitution — Tenure limits for office — Article limiting presidency to two terms not unconstitutional — Labour Commissioner's guidance non-binding — Amendment required to change union constitution — Effluxion of mandate — Unilateral suspensions invalid.
 7 July 2022
Julius Zulu v Watson Hankwebo and Ors (2021/HP/0259) [2022] ZMHC 71 (1 July 2022)
An applicant with a certificate of title is entitled to immediate possession and demolition against respondents occupying land without consent.
Land law – Possession under Order 113 – Certificate of title conclusive evidence – Squatters occupying without licence – Eviction and demolition of unauthorised structures – Arrest of judgment and allegations of fraud.
 1 July 2022