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High Court of Zambia - 2023 August

12 judgments
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12 judgments
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
Zambia Institute For Tourism and Hospitality Studies v Dabila Kapotwe (COMP/IRCLK/398/2021) [2023] ZMHC 108 (22 August 2023)
Ex‑parte leave to file an employment complaint out of time is permissible, but delay must be convincingly justified within 90 days.
  • Industrial Relations — Time limits — Extension of time to file complaint under s.85(3) — Reasons for delay must arise within the 90‑day mandatory period
  • Civil Procedure — Ex‑parte applications — Leave to file complaint out of time may be granted ex‑parte at the leave stage
  • Administrative/Judicial Procedure — Natural justice — Right to be heard not absolute at leave stage where no adverse merits decision is made
22 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
Augustine Mukoka v Football Association of Zambia (2023/HP/504) [2023] ZMHC 105 (16 August 2023)
Security for costs refused where plaintiff resident abroad demonstrated substantial assets in Zambia.
  • Civil procedure — Security for costs — Plaintiff resident abroad — Substantial assets within jurisdiction negate need for security — Order 40 Rule 7 High Court Rules; Order 23 Rule 1 (Supreme Court Rules) — Draft bill of costs not mandatory but assists.
16 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
Justin Mwape v Jan Japan Zambia Limited (COMP. IRCLK/316/2019) [2023] ZMHC 107 (14 August 2023)
Applicant's claims for Japanese‑contract salary, gratuity, leave and overtime dismissed for lack of proof against respondent.
  • Employment law
    • — Contractual liability — Whether employer liable for obligations under contract with separate corporate group entity — Salomon principle
    • — Overtime and leave — Proof required that overtime was performed outside scheduled hours and approved by employer — Tom Chilambuka v. Mercy Touch Mission
14 August 2023
Sandra Chongo v Fairview College Of Education (2022/HPIR/578) [2023] ZMHC 104 (11 August 2023)
Complainant awarded unpaid salary and statutory leave pay; gratuity and marking allowance claims dismissed.
  • Employment law — salary arrears — leave pay calculation under Employment Code Act — gratuity and effect of probation — duties included in salary (marking) — admissibility of handwritten evidence — costs for non-appearance.
11 August 2023
Simon Banda and Another v Sable Transport Limited (COMP NO. IRCLK/181/2021) [2023] ZMHC 109 (9 August 2023)
Unattested earlier contracts did not create entitlement to gratuity; leave pay was proved to have been paid in full.
  • Employment Law
    • — Contracts of Service — Attestation requirement and effect of un‑attested contracts — Labour officer assessment and fair value entitlement
    • — Service Benefits (Gratuity) — Entitlement where contracts do not provide for gratuity and prior to statutory change
    • — Leave — Accrual, commutation and proof of payment — Employer’s documentary evidence suffices
9 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