Results.
130 judgments found.
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| August 2022 |
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Settlement agreement enforced; privity and duress defences rejected; plaintiff awarded ZMW 528,070 with interest; no costs.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |
| July 2022 |
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26 July 2022 |
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Best interests, not the children’s sex or a protection order, determine interim custody; respondent awarded custody.
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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.
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24 July 2022 |
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Alleged fraudulent inclusion of members insufficient to rebut statutory presumption that union registration complied with the law.
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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).
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20 July 2022 |
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Applicant entitled to restitution and a constructive trust over assets bought with mistakenly transferred funds.
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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.
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13 July 2022 |
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Tenure limits in a union constitution are valid; administrative guidance is not binding without formal constitutional amendment.
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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.
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7 July 2022 |
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An applicant with a certificate of title is entitled to immediate possession and demolition against respondents occupying land without consent.
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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.
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1 July 2022 |
| 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 |
| May 2022 |
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Whether directors may be made personally liable and their property charged after dissipating company funds—court pierced veil and ordered charges.
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Company law — Lifting the corporate veil under Section 175(1) Corporate Insolvency Act — directors held personally liable where company business carried on to defraud creditors; Tracing and mixed funds (Diplock) — identifiable transfers to directors; Charging orders (Order 50 RSC) — prerequisites met for directors’ assets; Non‑party recipients — cannot be charged absent joinder and hearing.
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31 May 2022 |
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Plaintiff must specify defamatory words and correct inconsistent/unstated damage claims or face dismissal; exemplary/aggravated damages must be specifically pleaded.
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Civil procedure — Order 14A preliminary issues; Defamation — requirement to plead words complained of (Order 18, Rule 7); Libel by schedule — leave required; Pleadings — embarrassing/inconsistent endorsements; Distinction between liquidated and unliquidated claims; Requirement to specifically plead exemplary and aggravated damages (Order 18, Rule 12).
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27 May 2022 |
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Plaintiff’s defamation pleadings failed to specify alleged defamatory words; inconsistent and unliquidated damages and unpleaded exemplary/aggravated damages were struck out.
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Civil procedure — preliminary objections under Order 14A — defamation pleadings: requirement to plead the exact words or obtain leave to plead libel by schedule; embarrassing pleadings; liquidated vs unliquidated demands; necessity to specifically plead exemplary and aggravated damages.
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27 May 2022 |
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Withdrawal of a complaint does not bar disciplinary proceedings; striking off upheld for dishonest handling of client funds.
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Disciplinary proceedings — Legal Practitioners Act — professional misconduct for failing to account for client funds — withdrawal of complainant does not bar disciplinary inquiry — right to fair hearing and service of notices — striking off as sanction.
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24 May 2022 |
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Applicant's claim for terminal benefits after summary dismissal dismissed; paid wages and leave; severance not available retroactively.
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Employment law — Summary dismissal — Entitlement under s.51(2) limited to wages and accrued benefits; Collective agreement applicability determined by effective date; Severance under s.54 non‑retroactive; Exhaustion of administrative channels vs. 90‑day jurisdiction rule.
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23 May 2022 |
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Loan secured by surrendered title deed created an equitable mortgage; third-party non-payment did not frustrate borrower’s repayment obligation.
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Commercial law — invoice discounting facility — security by deed of assignment, surrender of title and director guarantees — equitable mortgage created by deposit of certificate of title; Contract law — frustration — clause "though not limited to" receivables preserves alternative repayment obligations; Remedies — judgment for debt, interest, possession, foreclosure and guarantor liability.
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17 May 2022 |
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Petition dismissed: two‑year separation under s9(1)(d) fails without respondent’s consent; cross‑petition unsupported by evidence.
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Family law — Divorce — Matrimonial Causes Act sections 8 and 9(1)(d) — Two‑year separation requires respondent’s consent — Burden of proof — Cross‑petition must plead statutory grounds and prove allegations — Insufficient evidence; petition and cross‑petition dismissed.
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17 May 2022 |
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Circumstantial and forensic evidence, including the accused leading police to the body, established murder beyond reasonable doubt.
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Murder — Malice aforethought (s200, s204 Penal Code) — Circumstantial evidence — Accused leading police to scene admissible — Forensic pathology and ballistics linking firearm and vehicle — Onus on prosecution; standard of proof beyond reasonable doubt.
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17 May 2022 |
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A judgment creditor must exhaust execution remedies before filing a winding-up petition; premature petition dismissed.
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Company law — Winding-up petitions — Judgment creditors must exhaust execution/enforcement on a judgment (s.57(3)(b)) before petitioning; petition filed prematurely; abuse of process not established.
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12 May 2022 |
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Plaintiff awarded mesne profits due to defendant's holding over and unreasonable delay in completing required repairs.
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Mesne profits; landlord–tenant; holding over after lease termination; requirement of deprivation of possession; delay in repairs as basis for damages; interest and costs; leave to appeal.
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11 May 2022 |
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Unregistered leases are void; a periodic tenancy arises by operation of law and a landlord may validly review rent with notice.
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Land Law
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Leases and Tenancies — Effect of non-registration under the Lands and Deeds Registry Act — Unregistered leases null and void
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Tenancy — Periodic tenancy arising by operation of law from possession and payment/acceptance of rent
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Rent Review and Remedies — Validity of rent increase with due notice and recovery of arrears
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11 May 2022 |
| April 2022 |
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Application for instalment payment dismissed for failure to file an affidavit of means; stay of execution discharged.
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Civil procedure — payment of judgment in instalments — Order 36 Rule 9 HCR — Order 47 RSC — affidavit of means — full and frank disclosure — inability to pay — stay of execution discharged.
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27 April 2022 |
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A registered certificate of title is conclusive; a local authority cannot lawfully displace registered ownership by issuing occupancy licences.
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Property law — Certificate of Title — Conclusive effect of certificate (Lands and Deeds Registry Act s.33) — Adverse possession barred after issuance of certificate (s.35) — Local authority’s occupancy licences and levies cannot override registered title — Improvement Area Declaration not retrospective.
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27 April 2022 |
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Application to dismiss land action for lack of jurisdiction dismissed for procedural non‑compliance and because High Court retains concurrent land jurisdiction.
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Civil procedure — Order 14A summons requirements — mandatory statement of question(s) of law and order sought; Order 33 cannot override Order 14A; Order 3 Rule 2 High Court Rules limited to interlocutory orders; Lands Tribunal Act does not oust High Court original jurisdiction over land matters; where Supreme Court decisions conflict, the later decision prevails.
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25 April 2022 |
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Court permitted re-opening to admit fresh documentary evidence after finding Ladd v Marshall criteria satisfied.
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Civil procedure — Fresh evidence after close of case — Order III r2 High Court Rules; Order 38 r13 Rules of Supreme Court — Ladd v Marshall criteria applied — documentary evidence; self‑explanatory exhibits; prevention of prejudice to opposing parties.
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11 April 2022 |
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The applicant’s failure to promptly file a notice of appeal justified refusal to grant leave to appeal out of time.
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Civil procedure — Appeal from Registrar — Order XXX, Rule 10(1) — seven‑day notice requirement — extension of time — promptness required — sitting on rights — prospects of success — failure to file grounds or submissions.
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6 April 2022 |
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Mortgagee entitled to foreclosure, possession, sale and enforcement of guarantors and debenture after mortgagor's default.
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Mortgage law — legal mortgage by demise — foreclosure, possession and sale on default — enforcement of personal guarantees (suretyship) — enforcement of debenture (fixed and floating charge) — uncontested originating summons evidence.
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5 April 2022 |
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Affidavit in reply filed without leave was expunged and land recovery claim dismissed as statute-barred under the Limitation Act.
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Civil procedure — Affidavit in reply: generally requires leave; court discretionary to admit affidavits filed without leave where issues were unforeseeable
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Limitation Act 1939 s4(3) — 12-year bar to actions for recovery of land; s26 exception for fraud/mistake delays accrual until discovery
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Order 14A — preliminary point of law appropriate to dismiss plainly statute-barred land claims
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1 April 2022 |
| March 2022 |
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Court prioritised children's welfare over parental financial claims, granting interim split custody and ordering a social welfare report.
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Family law — Child custody — Welfare of the child paramount — Financial capacity one factor among many — Interim split custody — Social Welfare assessment ordered.
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31 March 2022 |
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Notice of taxation filed before conclusion set aside where court did not order taxation forthwith.
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Civil procedure — Taxation of costs — Order 62 Rule 8: costs not to be taxed until conclusion of cause unless court orders earlier — Order 62 Rule 29: three-month limit to commence taxation — notice of taxation filed prematurely set aside.
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31 March 2022 |
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Summary dismissal without a hearing breached natural justice and s52(3), warranting damages and payment for accrued leave.
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Employment law — summary dismissal in absentia — duty to accord opportunity to be heard (natural justice; Employment Code s52(3)) — entitlement to accrued leave where employer fails to prove forfeiture policy.
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31 March 2022 |
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A shareholder lacks locus standi to seek judicial review for rights properly belonging to the company; application dismissed.
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Administrative law — judicial review — locus standi — corporate separate personality — shareholder dissatisfaction does not constitute legal grievance for judicial review.
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31 March 2022 |
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Wrongful dismissal claim time-barred; malicious prosecution accrues at acquittal and remains actionable.
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Civil procedure — Order 14A (disposal on point of law) — preliminary application after defence filed — Order 33 (preliminary issues) improperly invoked; Limitation law — Section 2(1) Limitation Act 1939 — six-year period for actions on simple contract — wrongful dismissal accrues on dismissal; Concurrent civil and criminal proceedings — do not automatically suspend civil limitation — stay may be sought; Tort — malicious prosecution accrues on termination in plaintiff's favour (acquittal).
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31 March 2022 |