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High Court of Zambia - 2023 August

7 judgments
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7 judgments
Citation
Judgment date
August 2023
Twaambo Chooka v Absa Life Zambia Limited (COMP/ IRCLK/ 531 / 2021) [2023] ZMHC 85 (29 August 2023)
Unilateral adverse variation of salary and start date rendered employee redundant; partial NAPSA contributions owed.
Employment law – unilateral variation of fundamental terms – redundancy by adverse alteration; Constructive dismissal – requirement of prompt resignation and repudiatory breach; Statutory pension – employer NAPSA contributions tied to payroll liability; Housing provision – employer options under Employment Code; Damages for mental anguish – exceptional circumstances required.
 29 August 2023
Law Association of Zambia v Derick Bwalya (2021/HP/1137) [2023] ZMHC 33 (28 August 2023)
Disciplinary findings of misapplication of client funds justified striking the respondent off the Roll to protect public confidence.
Legal Practitioners Act – professional misconduct – misapplication/misappropriation of client funds – co-mingling – admissibility of foreign complaint letter – requirement (and absence) of accountant's report – disciplinary sanction: striking off.
 28 August 2023
Ignatius Mwanamwalye v Micro Finance Zambia Limited (2021/HK/99) [2023] ZMHC 12 (24 August 2023)
Absence of prior Bank of Zambia approval did not void the employment contract; employer conduct constituted constructive dismissal, entitling employee to salary arrears, statutory remittances, damages, interest and costs.
Employment law – validity of contract where regulator vetting delayed – Bank of Zambia approval; Microfinance Regulations – scope and interpretation of section 23; Constructive dismissal – employer conduct destroying trust and confidence; Remedies – salary arrears, statutory remittances, damages, interest and costs; Contract interpretation – ambiguity construed against drafter; Gratuity – contractual exclusion enforceable.
 24 August 2023
Thiroshin Pillai v Pick and Pay Zambia Limited (COMP /IRCLK/290/2022) [2023] ZMHC 69 (21 August 2023)
Expatriate employee unlawfully terminated without reasons; awarded 12 months' salary, redundancy and mental distress claims dismissed.
Employment law – Expatriate employment and skills-transfer – Requirement to give substantiated reasons for termination (Employment Code Act s52) – Unilateral withdrawal of notice invalid without consent – Unlawful but not wrongful termination – Damages: 12 months' basic salary – Redundancy and mental distress claims dismissed.
 21 August 2023
Ald Plant & Fleet Management Limited v The Attorney General (2023/HPC/0515) [2023] ZMHC 78 (18 August 2023)
Court may appoint an arbitrator when the agreed arbitral institution fails and the respondent does not act.
Arbitration Act s.12(4)(c) – Court power to appoint arbitrator where agreed procedure fails; Arbitration (Court Proceedings) Rules r.10(1); Agreement naming a defunct arbitral institution; Court appointment of sole arbitrator; Costs awarded to applicant.
 18 August 2023
Elias Tembo v Greatwall Financial Services Limited (2019/HP/1709) [2023] ZMHC 101 (16 August 2023)
Court dismissed premature stay application pending appeal, vacated ex‑parte stay and granted leave to appeal.
Civil procedure — Stay of execution or proceedings pending appeal — Discretionary remedy; application premature where there are no proceedings to stay; appeals challenging findings of fact have limited prospects — assessment of damages and taxation of costs.
 16 August 2023
Mable Musongole Mbaya v ZESCO Limited (2025/HPIR/0071) [2023] ZMHC 97 (5 August 2023)
Ex‑parte leave to file out of time may stand; court’s discretion under s85(5) governs, not a mandatory inter‑partes hearing.
Industrial Relations Act s85(3) — extension of time; ex‑parte applications; audi alteram partem; substantial justice s85(5); delay and negotiations; statute‑barred actions.
 5 August 2023