High Court of Zambia - 2023 October

6 judgments
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Results. 6 judgments found.

6 judgments
October 2023
Employee deemed confirmed after probation; termination by redundancy was unlawful and unfair—six months' salary awarded.
  • Employment law — redundancy vs retrenchment; confirmation after probation; employer duty to give notice and consult under Employment Code (s55); right of re‑employment after redundancy (s57); requirement for genuine reorganisation, selection criteria and board authorisation; measure of damages for unlawful/unfair dismissal.
26 October 2023
Application to compel Registrar to execute conveyance dismissed because an existing stay of execution remained in force.
  • Conveyancing — Section 14 High Court Act — appointment of Registrar to execute conveyance documents — requirement of prior judgment and refusal to comply — effect of stay of execution by a lower tribunal.
23 October 2023
Plaintiff proved purchase and possession; declared owner; Deputy Registrar cannot be appointed before defendant's refusal to comply.
  • Property law — Sale and assignment — Proof of contract, payment and possession; Declaration of ownership; Conveyancing and State consent to assign; Section 14 High Court Act — nomination of Deputy Registrar to execute documents only after refusal to comply with judgment; Default judgment principles — plaintiff's burden of proof remains despite defendant's absence.
23 October 2023
Plaintiff proven purchaser in possession entitled to declaration of ownership and an order compelling defendant to effect transfer; vesting order refused pending non-compliance.
  • Property law — contract of sale and payment — possession as evidence of title claim — transfer of registered title — High Court Act s.14 and vesting orders — burden of proof in undefended actions.
23 October 2023
19 October 2023
Filing suit during Michaelmas Vacation without leave deprived the court of jurisdiction; matter dismissed, plaintiff may recommence.
  • Civil procedure — vacation filings — Michaelmas Vacation — requirement of leave to commence process — jurisdictional effect of non-compliance with High Court Rules — defect not curable retrospectively.
3 October 2023