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High Court of Zambia - 2023 July

6 judgments
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6 judgments
July 2023
Cameron v Cameron (2022/HPF/D0028) [2023] ZMHC 102 (27 July 2023)
Uncontested divorce granted on two-year separation; custody, maintenance and property settlement referred for formal application.
  • Family law — Divorce — Decree nisi where parties lived apart for two continuous years — Uncontested petition — Custody, maintenance and property settlement referred for separate formal applications — Costs each party to bear own.
27 July 2023
Chingati Msiska (Suing in his capacity as Secretary General of Zambia Union of Financial Institute of Allied workers) and Ors v Yescash Zambia Limited (COMP No. IRC LK/332/2019) [2023] ZMHC 38 (25 July 2023)
Redundancy lawfully effected; statutory minimum paid due to employer insolvency; complaint dismissed; each party bears own costs.
  • Employment law — Redundancy (s.55 Employment Code Act) — Collective recognition agreement and negotiation obligations — Consultation and genuine engagement — Proof of payment and burden of evidence — Employer financial incapacity/Bank of Zambia findings.
25 July 2023
Tom Sayer v Madison Asset Management Company and Anor (2023/HKC/ 06) [2023] ZMHC 50 (24 July 2023)
2nd defendant lacked standing to discharge a garnishee nisi that expressly related only to the 1st defendant's accounts; application dismissed.
  • Garnishee proceedings — locus standi to set aside ex parte order — effect of stay of execution limited to named party — garnishee order relates to specified judgment debtor’s accounts — creditor equality and insolvency exceptions.
24 July 2023
Xpress Food Limited v Huajiang Investments Limited and Anor (2023 /HP/ 0850) [2023] ZMHC 91 (12 July 2023)
Challenge to a termination notice falls under the Business Premises Act, but alternative claims requiring a writ preserve the Writ of Summons.
  • Landlord and Tenant (Business Premises) Act — mode of commencement; Originating Notice of Motion v Writ of Summons; challenge to notice to terminate under Sections 4–5; Order 14A (determination of question of law without full trial); Order 33(3) (triable issues); alternative remedies outside the Act; jurisdiction and competence of process.
12 July 2023
Arm Secure Limited v Astro Holdings Limited and Ors (2021/HPC/200) [2023] ZMHC 67 (11 July 2023)
Written contract terms governed the parties; plaintiff awarded K8,455,157.80; theft claims partly statute-barred; limitation clause enforced.
  • Contract law — incorporation of written terms into oral agreement; limitation clauses — validity and enforceability; Limitation Act — six-year bar to tort/simple contract claims; set-off and equitable adjustment; interest and costs on judgment.
11 July 2023
Buchisa Mwalongo v Cavendish University Zambia Limited (APP/2023/HPIR/0279) [2023] ZMHC 75 (10 July 2023)
Registrar granted leave under s85(3) to file an out-of-time complaint, finding the delay not deliberate and imposing a 14-day deadline.
  • Industrial Relations Act s85(3) — Registrar's discretionary power — Leave to file out-of-time complaint — Delay not deliberate — 14-day filing deadline.
10 July 2023