Skip to document content Skip to main menu Skip to search

High Court of Zambia - 2023 September

8 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
8 judgments
September 2023
Natty Mwape v Reliance Technology Limited (COMP NO. IRCLK/400/2022) [2023] ZMHC 96 (30 September 2023)
Employer who prevented employee serving notice cannot deprive employee of accrued leave pay; terminal benefits not proved.
  • Employment law — resignation and notice — accrued leave pay payable where employer prevents an employee serving notice; burden of proof for terminal benefits; employer duty to provide employment policies; costs for unreasonable conduct.
30 September 2023
Oliver Zimba and Ors v Kay Two Zambia Limited (2022/HPIR/632) [2023] ZMHC 42 (22 September 2023)
Redundancy established: employees awarded statutory redundancy pay and salary arrears; accrued leave claim failed; joinder refused.
  • Employment law — redundancy versus retrenchment — application of Employment Code Act s.55; computation of redundancy pay (pre- and post-9 May 2020); entitlement to salary pending unpaid redundancy (s.55(3)(b)); statutory exemptions to annual leave (SI No.48 of 2020); joinder of third parties — requirement of evidential basis.
22 September 2023
Pemba Lapidaries Limited and Anor v Industrial Credit Company and Ors (2019/HP/1720) [2023] ZMHC 71 (18 September 2023)
High Court may set aside an irregular writ of execution issued prematurely and applying interest not awarded by the appellate court.
  • Civil procedure — execution of appellate judgment — setting aside praecipe and writ of fieri facias for irregularity; jurisdiction of High Court over enforcement matters; three-day rule and requirement of leave for immediate execution; piercing corporate veil — liability for execution; unauthorized interest on writ.
18 September 2023
Pemba Lapidaries Limited and Anor v Industrial Credit Company and Ors (2019/HP/1720) [2023] ZMHC 77 (18 September 2023)
High Court set aside a writ of fieri facias for procedural irregularities despite appellate judgment piercing the corporate veil.
  • Execution of judgment — setting aside praecipe and writ of fieri facias for irregularity; Order XLVII Rule 5(2) (three‑day rule) and leave for immediate execution; endorsement of assessed judgment sum; inclusion of unordained interest; piercing corporate veil and personal liability; High Court jurisdiction to adjudicate enforcement irregularities.
18 September 2023
The People v Siwakwi and Ors (HP/0148/2023) [2023] ZMHC 11 (14 September 2023)
No prima facie case: flawed identification parade, unreliable testimony and uncorroborated hearsay led to acquittal.
  • Criminal procedure — No case to answer — Section 291 CPC — Prima facie case — Identification evidence and parade — Improper parade/contamination — Hearsay/intelligence inadmissible if informers not produced — Corroboration, chain of custody and forensic evidence — Aggravated robbery.
14 September 2023
Arm Secure Limited v Astro Holdings Limited and Ors (2021/HPC/0200) [2023] ZMHC 73 (7 September 2023)
A stay pending appeal requires realistic prospects of success and special circumstances; unsupported factual challenges are insufficient.
  • Civil procedure — Stay of execution pending appeal — Appeal does not operate as automatic stay — Stay granted only on good and convincing reasons/special circumstances — Prospects of success must be realistic — Appellate interference with trial findings of fact requires perversity, absence of evidence or misapprehension of facts.
7 September 2023
Tinashe Timothy Gandize v Newrest Zambia Limited (COMP / IRCLK/245 / 2021) [2023] ZMHC 53 (6 September 2023)
Complainant entitled to accrued leave and salary, but not statutory gratuity absent a qualifying long-term contract.
  • Employment law — jurisdiction to file complaint out of time; accrued benefits payable despite dismissal; gratuity under Employment Code Act 2019 applies to long-term contracts only; distinction between permanent and long-term contracts; non-retroactivity/contractual entitlement to gratuity.
6 September 2023
Mutinta Hanyinde (Suing as widow and Administratrix of the Estate of the late Borniface Chimpembele) v Josephine Chapipa and Ors (2023/HPF/301) [2023] ZMHC 87 (1 September 2023)
Court granted leave to appeal out of time, stressing sufficient cause, promptness and that ex curia talks do not stop time.
  • Civil procedure — leave to appeal out of time; sufficient cause; discretion; ex curia discussions do not stop time; promptness and prejudice; Article 118(2)(e) not a procedural shield.
1 September 2023