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High Court of Zambia - 2023 February

7 judgments
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7 judgments
Citation
Judgment date
February 2023
Allan Mulemwa Kandala v Zambia National Commercial Bank and Ors (2012/HPC/0381) [2023] ZMHC 82 (28 February 2023)
Court held receivers’ appointment void for failure to satisfy debenture notice/crystallisation prerequisites; conveyances tainted but some titles protected.
Company/Receivership – validity of receiver appointment – continuing floating debenture – crystallisation and notice required; Debenture law – events of default and seven‑day execution rule; Property law – void conveyance by invalid receiver; Bona fide purchaser doctrine and lis pendens; Reliefs – declaratory reliefs, rescission, damages (nominal awarded).
 28 February 2023
Lubambe Copper Mines Limited v Hambani Ngwenya and Ors (2022/HP/1RB20) [2023] ZMHC 80 (28 February 2023)
28 February 2023
Phillip Banda v Alfred Chanda and Anor (2020/HP/0783) [2023] ZMHC 81 (22 February 2023)
22 February 2023
Bernard Fundi (Suing on his own behalf and on behalf of 59 erstwhile Police Officers seconded to the Bank of Zambia) v Bank of Zambia (2021/HP/0856) [2023] ZMHC 49 (21 February 2023)
Whether Cabinet Circular No.3/2001 binds statutory bodies and entitles seconded civil servants to equivalent employment terms.
Administrative law – Cabinet Office Circulars – binding effect on statutory bodies; Employment/contract law – secondment – clause 2(g) interpretation; Remedies – assessment of back pay, interest and costs.
 21 February 2023
Wankumbu Sichivula and Anor v One Life Assurance Zambia Limited (COMP NO. IRCLK/68/2022) [2023] ZMHC 47 (13 February 2023)
13 February 2023
Arthur Lukumba & Ors v G&H Transport (IRC/ND/26/2021) [2023] ZMHC 56 (10 February 2023)
Employer dismissed employees without charge or hearing; dismissals held wrongful and unfair, awarding 24 months' salary as damages.
Employment law – Employment status – wrongful and unfair dismissal – breach of natural justice and s.52(3) Employment Code Act – damages (24 months’ salary) – suspension without pay – costs for unreasonable delay.
 10 February 2023
Wellington Mwanza v The Registered Trustees of Baker Heights Church of Christ (COMP /IRCLK/ 72 / 2022) [2023] ZMHC 46 (3 February 2023)
3 February 2023