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High Court of Zambia - 2023 May

6 judgments
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6 judgments
May 2023
Simasiku Simukuka v Lusaka City Council and Anor (2014/HP/1261) [2023] ZMHC 30 (29 May 2023)
Failure to serve a Section 13 notice of intention to re-enter rendered the council's repossession and reallocation invalid.
  • Property law — lands re-entry and repossession — Section 13 Lands Act — requirement to serve notice of intention to cause certificate of re-entry and afford three months to make representations — service by registered post — invalidity of re-entry without compliance; reliefs including cancellation of allocation, direction to effect transfer swap, and assessment of improvements to prevent unjust enrichment.
29 May 2023
Gabriel Mangamu Musonda v ZESCO Ltd (2010/HP/1268) [2023] ZMHC 79 (23 May 2023)
Claim of constructive/unfair dismissal failed: plaintiff never resigned and lacked evidence to prove emoluments or statutory termination.
  • Employment law — constructive dismissal requires resignation or notice in response to employer's repudiation; suspension is not termination — unfair dismissal requires statutory breach — courts should not award pay for unworked suspension periods without conditions of service (risk of unjust enrichment) — court-ordered termination subject to statutory referral procedures — interlocutory relief under Order 3 Rule 2 requires an enabling provision.
23 May 2023
Diamond Motors Limited v Zambia Railways Limited (2022/HPC/0458) [2023] ZMHC 68 (11 May 2023)
Whether a notice of intention to arbitrate suffices to commence arbitration and avoid six-year limitation.
  • Arbitration jurisdiction; notice of intention to arbitrate; construction of contractual dispute-resolution clause (Clauses 8.1 & 10.2); commencement of arbitral proceedings (UNCITRAL Article 3); limitation — Limitation Act 1939 (six years); court review of interim jurisdictional ruling under Arbitration Act Article 16(3).
11 May 2023
Jammie Hayes v Yapi Merkezi Insaat Vee and Ors (2022/HPC/230) [2023] ZMHC 66 (8 May 2023)
Plaintiff’s 0.5% success-fee claim dismissed; entitled to 0.140% only upon first project financing drawdown.
  • Agency / letter of authorisation — contract by conduct — quantum meruit considered but contract by conduct found — success fee conditional on project financing/first drawdown — prior payments characterised as consultancy/commission — claim for 0.5% dismissed; entitlement to 0.140% accrues after first drawdown.
8 May 2023
Nkole v Council of the University of Zambia and Ors (2023/HPF/206) [2023] ZMHC 6 (8 May 2023)
Court granted a mandatory interim order compelling the university to secure inspected, fit learning spaces to protect students' right to education.
  • Education rights — over‑enrolment and inadequate learning facilities — mandatory interlocutory injunction — exceptional remedy — irreparable harm — best interests of the child — balance of convenience.
8 May 2023
Shoprite Holdings Limited and Anor v Africa Opportunity Fund L.P and Anor (2019/HPC/0501) [2023] ZMHC 74 (4 May 2023)
Arbitration rules govern award registration and service; court registration cannot alter an arbitral award—share‑register amendment set aside.
  • Arbitration law — Registration and enforcement of foreign arbitral awards — Arbitration Act and Arbitration (Court Proceedings) Rules govern registration and service — service out of jurisdiction under Rule 19 — mandatory 90‑day set‑aside period (Rule 17) is formal requirement but omission is curable — Court’s complementary role to arbitration does not permit altering an award (orders directing amendment of share register set aside).
4 May 2023