Results.
16 judgments found.
|
|
|
| August 2022 |
|
|
A s58 warrant under the Anti‑Corruption Act attracts criminal jurisdiction; the High Court may grant an out‑of‑time appeal without hearing the parties.
-
Anti‑Corruption Act s58 — seizure warrants; criminal jurisdiction; interplay with Criminal Procedure Code (s2, s321A, s322 proviso, s324); out‑of‑time appeals; High Court discretion; procedural misdirection by subordinate court.
|
30 August 2022 |
|
Whether the applicant may enforce 25% monthly compound interest and foreclose a mortgage under the Money Lenders Act.
-
Money Lenders Act — statutory cap on interest — unenforceability of extortionate 25% per month rate; Enforceability of registered legal mortgage granted by administratrix; Capacity of administrator to pledge estate assets; Recovery of principal and foreclosure; Assessment of interest by Deputy Registrar.
|
26 August 2022 |
|
Plaintiff failed to prove an enforceable insurance contract and unpaid premiums; inadequate evidence led to dismissal.
-
Insurance law — General insurance — Section 76 Insurance Act 1997 — Premium unpaid — contract inoperable after 30 days or agreed period; Evidence — requirement of witness personal knowledge — weight of unsubstantiated witness statement; Burden of proof — plaintiff must prove contract and liability on balance of probabilities; Failure to produce policy documents — claim dismissed.
|
25 August 2022 |
|
Most complainants’ claims were statute‑barred under Section 85(3); only two complaints were timely and allowed to proceed.
-
Industrial Relations Act s85(3) — limitation and jurisdiction; exhaustion of administrative channels; procedural compliance — Order 14A vs Industrial Relations Court Rules; affidavit jurat defect — defect in form curable under s47 Interpretation and General Provisions Act; dismissal for want of jurisdiction; leave to appeal granted.
|
18 August 2022 |
|
An employer lawfully dismissed the applicant for procedural breaches and unauthorised removal of property despite criminal acquittal.
-
Employment law — unfair dismissal; disciplinary procedure and right to be heard; administrative discipline despite criminal acquittal; burden of proof in disciplinary proceedings; proportionality of sanctions.
|
17 August 2022 |
|
Applicants failed to prove communal ownership or membership; respondents lawfully held the artisanal mining licence.
-
Mining law — Artisanal mining licence — Ownership of mining rights — Cooperative registration and membership — Statutory eligibility and vetting under the Mines and Minerals Development Act — Burden of proof in civil claims.
|
16 August 2022 |
|
Court dismissed jurisdictional objection, found the leave-to-appeal application was properly filed, and granted leave to hear the appeal.
-
Criminal procedure — Jurisdictional objections — Undertakings under s80 Anti-Corruption Act — Whether merits-based jurisdictional objections should be decided interlocutorily or deferred — Appeal out of time — Compliance with s324 Criminal Procedure Code — Discretion under proviso to s322 to grant leave.
|
10 August 2022 |
|
Money-Lenders Act prohibits compound interest; plaintiff awarded principal with simple interest and may enforce vehicle pledge if unpaid.
-
Money-Lenders Act s.10 — clause charging compound interest void; pleadings — O. LIII r.6 deemed admissions for untraversed allegations; admissibility of unpleaded security evidence where not objected to; remedies — award of principal, simple interest, enforcement of pledged vehicle
|
10 August 2022 |
|
Whether a loan clause imposing 25% monthly (compound) interest is enforceable and effect of surrendering vehicle white book as equitable mortgage.
-
Money Lenders Act — prohibition of compound interest — clause charging interest on interest illegal; equitable mortgage by surrender of vehicle white book; assessment of outstanding debt by Deputy Registrar; permitted simple interest and statutory caps.
|
9 August 2022 |
|
Settlement agreement enforced; privity and duress defences rejected; plaintiff awarded ZMW 528,070 with interest; no costs.
-
Contract law — enforceability of settlement agreements; privity of contract; duress/undue influence; arbitration clause — stay and referral; burden of proof; interest; mediation non-attendance costs.
|
4 August 2022 |
|
Plaintiff proved fraudulent land transfers; court cancelled titles, set aside mediation settlement, and declared expulsion null and void.
-
Land law — Fraudulent execution of deeds of gift — Challenge and cancellation of certificates of title under Lands and Deeds Registry Act — Mediation consent settlement set aside where settlement was tainted by fraud — Authority of legal representative in mediation — Nullity of trustee expulsion.
|
4 August 2022 |
|
Complainant failed to prove employment; uncorroborated oral evidence insufficient to establish entitlement to employment benefits.
-
Employment law — existence of employer–employee relationship — burden of proof on balance of probabilities — weight of uncorroborated oral evidence — casual piece‑work v. company employment — entitlement to contractual benefits.
|
4 August 2022 |
|
Complainants awarded redundancy, leave, notice pay and unpaid salary; lunch and housing allowances not proven.
-
Employment law — redundancy and termination due to COVID-19 — entitlement to redundancy pay, notice pay and leave in lieu — salary underpayment — burden of proof for contractual allowances — interest on awards — referral to Registrar for quantification.
|
3 August 2022 |
|
Court found dismissal for dishonest conduct procedurally fair and substantively justified; wrongful and unfair dismissal claims dismissed.
-
Employment law — dismissal — wrongful (procedural) v unfair (substantive) dismissal — disciplinary procedure and natural justice — internal disciplinary proceedings concurrent with criminal prosecution — sufficiency of factual substratum to support summary dismissal for dishonest conduct — company gate pass/fuel policy.
|
2 August 2022 |
|
Court found dismissal procedurally regular and substantively justified; claims for wrongful and unfair dismissal dismissed.
-
Employment law — wrongful (procedural) dismissal; unfair (substantive) dismissal — compliance with disciplinary code and natural justice — substratum of facts to support dismissal — concurrent internal disciplinary and criminal proceedings.
|
2 August 2022 |
|
Whether the applicant was fairly dismissed and entitled to severance or unpaid leave under employment law.
-
Employment law — contract classification: long-term contract vs permanent employment; Employment Code s54(3) — exclusion of long-term contract employees from severance; procedural fairness in disciplinary/summar y dismissal — requirement to serve charge and reliable minutes; unpaid accrued leave entitlement and computation under Minimum Wages Orders; remedy: one month's salary for unfair dismissal, referral to Registrar for leave pay computation; interest and costs.
|
2 August 2022 |