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Citation
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Judgment date
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| August 2022 |
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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.
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30 August 2022 |
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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.
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26 August 2022 |
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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.
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25 August 2022 |
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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.
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18 August 2022 |
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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.
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17 August 2022 |
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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.
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16 August 2022 |
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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.
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10 August 2022 |
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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
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10 August 2022 |
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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.
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9 August 2022 |
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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.
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4 August 2022 |
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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.
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4 August 2022 |
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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.
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4 August 2022 |
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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.
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3 August 2022 |
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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.
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2 August 2022 |
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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.
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2 August 2022 |
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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.
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2 August 2022 |