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High Court of Zambia - 2023 November

11 judgments

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11 judgments


November 2023
Solomon Zulu v Nsansa School Inter-Education Trust (2023/HN/IR/08) [2023] ZMHC 44 (30 November 2023) Summary dismissal for being drunk on duty upheld based on reliable blood-alcohol evidence and proper disciplinary procedure. Employment law — unfair dismissal — drunk on duty — employer's evidential burden (s.52(5) Employment Code Act) — reliability of blood alcohol test and medical interpretation — disciplinary procedure and right to be heard.	30 November 2023
Beki Moyo and Another v Mpulumelelo Moyo and Another (2021/HPF/538) [2023] ZMHC 106 (28 November 2023) Application to revoke probate dismissed; executors ordered to render accounts of estate administration. Probate revocation — Wills Act s.51 grounds — duty to render accounts s.45(1)(c)(ii) — testate v intestate — corporate personality and piercing veil — locus standi to challenge administration.	28 November 2023
Innocent Mumba v Refrigeration Agencies and Anor (COMP NO. IRCLK/02/2022) [2023] ZMHC 59 (23 November 2023) Complainant awarded leave pay, K270,000 salary arrears and access to retrieve goods; counterclaims dismissed and costs awarded. Employment law — unpaid salary arrears and accrued leave — proof and admissible quantum; claim inflation at trial; counter‑claims dismissed for want of prosecution; costs for unreasonable conduct under Rule 44; trial in absence after proper service; interest at commercial bank deposit and Bank of Zambia lending rates.	23 November 2023
Lusinde Investments Limited v Cosmos Investments Limited and Ors [2023] ZMHC 23 (23 November 2023) Whether a duplicate certificate issued in error defeats a registered proprietor's title and supports damages for lost business. Land law — Certificate of title conclusive under s.33; duplicate certificate issued in error; challenge only on fraud or impropriety; proof required for interference with possession and damages.	23 November 2023
Angel Cosmetics DRC v Andrew Milau Trading Limited (2023/HP/1512) [2023] ZMHC 60 (20 November 2023) Unauthenticated foreign Power of Attorney rendered affidavit irregular; court expunged it but allowed amendment and re-swearing to cure. Authentication of foreign documents — Power of Attorney executed abroad must be authenticated under s3 Authentication of Documents Act; defective affidavit expunged — irregularity curable by amendment and re-swearing (Order 5 r14 High Court Rules); misnomer/correction of party name; Order 2 r1-2 Rules of Supreme Court (irregularities) and Order 3 r2 High Court Rules (interlocutory powers); costs to applicant; leave to appeal granted.	20 November 2023
Killian Mwiinga (Suing as attorney for Gregory Mainza) v Emmanuel Chama and Ors (2023 /HP/ 0505) [2023] ZMHC 13 (20 November 2023) An unqualified person cannot sue in their own name on behalf of another using a power of attorney; action dismissed. Legal Practitioners Act s.42(1) — locus standi — power of attorney — whether unqualified persons may litigate in their own name for principals — abuse of court process — incurable procedural irregularity — substitution of parties under Order XIV rule 1.	20 November 2023
Gabriel Mwale v The Attorney General (2019/HP/0654) [2023] ZMHC 20 (17 November 2023) Plaintiff acquitted after ten months; false imprisonment proven but malicious prosecution and claimed special losses not established. False imprisonment — prosecution without reasonable and probable cause — malicious prosecution requires proof of malice — failure to prove special damages for alleged stolen property — award of general, aggravated and exemplary damages — costs and interest; damages assessment referred.	17 November 2023
Eoge Zambia Limited v Star Oil Company Limited (2023/HPC/0598) [2023] ZMHC 70 (16 November 2023) A respondent’s bare denials are deemed admissions permitting judgment on admission unless respondent proves payments. Civil procedure — Judgment on admission — Order 53 Rule 6(2)-(5) — Bare or general denials deemed admissions — Proof of payment — Pleading particulars for damages — Interest from date of demand.	16 November 2023
Victoria Thole v Lusaka City Council and Anor (2022/HP /0082) [2023] ZMHC 34 (9 November 2023) Caveator's contract and payments created an equitable interest sufficient to justify maintaining the caveat; removal application dismissed. Lands and Deeds Registry Act — caveat — section 76 permitting caveat by person claiming interest — equitable/contractual interest (deposit/contract of sale) creates special interest justifying caveat — burden on caveator to show cause under sections 81/82 — removal application dismissed.	9 November 2023
Plight Cheelo v Roland Imperial Tobacco Limited (COMP/IRCLK/412/2020) [2023] ZMHC 65 (3 November 2023)	3 November 2023
Ronbeat Investments and Anor v Nyiombo Investment Limited (In Receivership) and Ors (2017 /HP/2072) [2023] ZMHC 28 (2 November 2023) A plaintiff who seizes goods through a private bailiff cannot recover for their loss when the agent removed the goods and accountability is lacking. Civil procedure — execution by private bailiff — agency:principle of responsibilty for acts of an agent; Receivership — custody of assets — police involvement and chain of custody; Negligence and breach of duty to safeguard goods — evidentiary requirement and hearsay; Remedies — claim for value of missing stock and counterclaim for unpaid contract price.	2 November 2023