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Citation
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Judgment date
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| December 2023 |
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Court stayed proceedings and referred the applicant's pension computation dispute to arbitration under the fund's arbitration clause.
Arbitration – stay of court proceedings under s.10 Arbitration Act – construction and scope of arbitration clause in pension trust rules – applicability to former members – disputes over computation of defined-benefit portable benefits – actuarial valuation – whether arbitrator may determine matters implicating statutory interpretation.
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29 December 2023 |
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Emails proposing/accepting a payment plan and a part payment can constitute a clear implied admission, justifying judgment on admission.
Civil procedure — Judgment on admission — Admissions may be express or implied but must be clear and unequivocal — Payment plan emails and part payment can constitute implied admission of debt — Failure to apply to amend affidavit containing alleged typographical error.
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29 December 2023 |
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Challenge dismissed: business rescue resolution lapsed for failure to comply with statutory notice and filing requirements.
Corporate Insolvency Act 2017 – Section 21 notice and filing requirements – lapsing of business rescue resolution for non-compliance – affected persons' participation and business rescue plan adoption (Sections 41–43) – appointment of business rescue administrator rendered academic where resolution lapsed.
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29 December 2023 |
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Court ordered specific performance for shop possession but dismissed damages claim; costs awarded and leave to appeal granted.
Contract law — oral agreement to allocate market shops — payment and issuance of certificates — reallocation and variation of agreement — specific performance appropriate; damages for loss of business dismissed; admissibility of unpleaded evidence where not objected to.
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29 December 2023 |
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Court declined applicant's request to file a writ during vacation, holding rules permit issuance only in the last eleven days.
Civil procedure – High Court Rules – Order 2 Rule 4 – issuance of summons during vacations limited to last eleven days – 'direction of the court' pertains to pleadings not leave to issue summons – Order 49 Rule 3(1) merely designates vacations.
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29 December 2023 |
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A bona fide purchaser for value without notice prevails; repudiation and settlement preclude specific performance; vendor liable for refund and damages.
Property law – Sale of land – bona fide purchaser for value without notice; equitable notice (actual and constructive); specific performance unavailable where vendor repudiates and purchaser accepts refund; caveat – entitlement and wrongful lodgment; remedy: damages and refund.
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29 December 2023 |
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Employee awarded accrued leave, gratuity, pay for days worked and notice pay; claim for future salaries dismissed.
Employment law — contractual leave pay; statutory calculation of leave benefits; contractual gratuity (25% of basic pay); salary arrears for days worked; future salary claims as unjust enrichment; notice pay; hearing in absentia where respondent aware.
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26 December 2023 |
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Complainant failed to prove an employment relationship; employment claims dismissed and hire counter-claim dismissed for lack of jurisdiction.
Employment status — employee vs independent contractor — control test and whether work is integral to employer's business — burden of proof in employment claims — jurisdictional limits of Industrial Relations Court for commercial hire disputes.
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20 December 2023 |
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Summary dismissal for gross misconduct upheld; damages and pension claims dismissed, leave to appeal granted.
Employment law — wrongful v unfair dismissal; disciplinary procedure and natural justice; summary dismissal for gross misconduct; discrimination claims burden; entitlement to terminal benefits requires pension contributions.
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15 December 2023 |
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Summary dismissal for alleged dishonesty upheld; plaintiff awarded accrued gratuity, leave, acting allowance, certain unpaid salary and K6,900.
Employment law – suspension, disciplinary procedure and right to be heard – summary dismissal for dishonesty – entitlement to accrued benefits (gratuity for completed years, accrued leave, acting allowance, unpaid salary) – appeal procedure under internal code.
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15 December 2023 |
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Default judgment refused; Attorney General must be joined and ownership must be proved at trial before vehicle release.
Civil procedure — Default judgment — Relief against state organs — Joinder of Attorney General required where police custody of property is implicated — Necessity of declaration of ownership and trial to determine entitlement.
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15 December 2023 |
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Subordinate court lacked jurisdiction to determine land-title dispute without all parties' consent; appeal allowed and case transferred to High Court.
Subordinate Courts Act s23 — jurisdictional condition precedent — disputes involving title/ownership of land require consent of all interested parties — absence of consent renders proceedings a nullity; magistrate must ascertain jurisdiction before deciding preliminary issues.
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12 December 2023 |
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12 December 2023 |
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Whether a later suit challenging election validity is barred by res judicata when prior proceedings addressed only disqualification.
Civil procedure – res judicata and abuse of court process – requirement that same cause of action and same parties must have had an opportunity to recover – distinction between proceedings on disqualification and separate challenges to election validity – appeal to judge in chambers as fresh application.
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12 December 2023 |
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Applicant proved respondent's unpaid diesel debt; court awarded K210,500 with interest and dismissed other damages claims.
Contract formation – sale of goods (diesel) – proof on balance of probabilities; Default/delay – hearing in defendant's absence under Order XXXV r.3; Assessment of outstanding debt and ledger evidence; Interest on judgment and costs; Failure to prove ancillary breach/damages claims.
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12 December 2023 |
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Fixed‑term employee wrongly dismissed during alleged probation is entitled to contractual liquidated damages (full gratuity).
Employment law — fixed‑term contract v. probation — whether fixed‑term Grade Z10 appointment attracted probation; wrongful/unfair termination for lack of reasons and hearing; enforceability of contractual liquidated damages clause (full gratuity at 35%).
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11 December 2023 |
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Termination during probation was lawful where assessment outcomes were communicated and statute/contract do not require a particular form.
Employment law – Probationary employment – Section 27 Employment Code Act 2019 – mandatory assessment and communication before probation expiry – statute does not prescribe manner of communication – oral communication may suffice where contract is silent – termination with 24‑hour notice during probation lawful – burden to prove failure to communicate.
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11 December 2023 |
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A live-in domestic worker was held entitled to accrued leave, severance (from transition date), separation package and notice pay from the respondent employer.
Employment law — Domestic worker — Employer liability where worker serves in matrimonial home — Application of Minimum Wages and Conditions of Employment (Domestic Workers) Order and Employment Code Act — Accrued leave pay, prorated severance, separation package and notice pay.
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8 December 2023 |
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Forensic and circumstantial evidence established that the accused intentionally suffocated and buried a born‑alive infant, meriting a murder conviction.
Criminal law – Murder – elements: death, unlawful act/omission, causation, malice aforethought – Circumstantial evidence – Forensic pathology and histology establishing born-alive status and asphyxia – Infanticide/mental disturbance assessed and rejected.
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8 December 2023 |
| November 2023 |
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Summary dismissal for being drunk on duty upheld based on reliable blood-alcohol evidence and proper disciplinary procedure.
Employment law – unfair dismissal – drunk on duty – employer's evidential burden (s.52(5) Employment Code Act) – reliability of blood alcohol test and medical interpretation – disciplinary procedure and right to be heard.
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30 November 2023 |
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Application to revoke probate dismissed; executors ordered to render accounts of estate administration.
Probate revocation — Wills Act s.51 grounds — duty to render accounts s.45(1)(c)(ii) — testate v intestate — corporate personality and piercing veil — locus standi to challenge administration.
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28 November 2023 |
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Complainant awarded leave pay, K270,000 salary arrears and access to retrieve goods; counterclaims dismissed and costs awarded.
Employment law – unpaid salary arrears and accrued leave – proof and admissible quantum; claim inflation at trial; counter‑claims dismissed for want of prosecution; costs for unreasonable conduct under Rule 44; trial in absence after proper service; interest at commercial bank deposit and Bank of Zambia lending rates.
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23 November 2023 |
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Whether a duplicate certificate issued in error defeats a registered proprietor's title and supports damages for lost business.
Land law – Certificate of title conclusive under s.33; duplicate certificate issued in error; challenge only on fraud or impropriety; proof required for interference with possession and damages.
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23 November 2023 |
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Unauthenticated foreign Power of Attorney rendered affidavit irregular; court expunged it but allowed amendment and re-swearing to cure.
Authentication of foreign documents – Power of Attorney executed abroad must be authenticated under s3 Authentication of Documents Act; defective affidavit expunged – irregularity curable by amendment and re-swearing (Order 5 r14 High Court Rules); misnomer/correction of party name; Order 2 r1-2 Rules of Supreme Court (irregularities) and Order 3 r2 High Court Rules (interlocutory powers); costs to applicant; leave to appeal granted.
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20 November 2023 |
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An unqualified person cannot sue in their own name on behalf of another using a power of attorney; action dismissed.
Legal Practitioners Act s.42(1) – locus standi – power of attorney – whether unqualified persons may litigate in their own name for principals – abuse of court process – incurable procedural irregularity – substitution of parties under Order XIV rule 1.
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20 November 2023 |
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Plaintiff acquitted after ten months; false imprisonment proven but malicious prosecution and claimed special losses not established.
False imprisonment — prosecution without reasonable and probable cause — malicious prosecution requires proof of malice — failure to prove special damages for alleged stolen property — award of general, aggravated and exemplary damages — costs and interest; damages assessment referred.
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17 November 2023 |
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A respondent’s bare denials are deemed admissions permitting judgment on admission unless respondent proves payments.
Civil procedure — Judgment on admission — Order 53 Rule 6(2)-(5) — Bare or general denials deemed admissions — Proof of payment — Pleading particulars for damages — Interest from date of demand.
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16 November 2023 |
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Caveator's contract and payments created an equitable interest sufficient to justify maintaining the caveat; removal application dismissed.
Lands and Deeds Registry Act – caveat – section 76 permitting caveat by person claiming interest – equitable/contractual interest (deposit/contract of sale) creates special interest justifying caveat – burden on caveator to show cause under sections 81/82 – removal application dismissed.
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9 November 2023 |
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3 November 2023 |
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A plaintiff who seizes goods through a private bailiff cannot recover for their loss when the agent removed the goods and accountability is lacking.
Civil procedure – execution by private bailiff – agency:principle of responsibilty for acts of an agent; Receivership – custody of assets – police involvement and chain of custody; Negligence and breach of duty to safeguard goods – evidentiary requirement and hearsay; Remedies – claim for value of missing stock and counterclaim for unpaid contract price.
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2 November 2023 |
| October 2023 |
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Employee deemed confirmed after probation; termination by redundancy was unlawful and unfair—six months' salary awarded.
Employment law – redundancy vs retrenchment; confirmation after probation; employer duty to give notice and consult under Employment Code (s55); right of re‑employment after redundancy (s57); requirement for genuine reorganisation, selection criteria and board authorisation; measure of damages for unlawful/unfair dismissal.
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26 October 2023 |
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Application to compel Registrar to execute conveyance dismissed because an existing stay of execution remained in force.
Conveyancing — Section 14 High Court Act — appointment of Registrar to execute conveyance documents — requirement of prior judgment and refusal to comply — effect of stay of execution by a lower tribunal.
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23 October 2023 |
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Plaintiff proved purchase and possession; declared owner; Deputy Registrar cannot be appointed before defendant's refusal to comply.
Property law — Sale and assignment — Proof of contract, payment and possession; Declaration of ownership; Conveyancing and State consent to assign; Section 14 High Court Act — nomination of Deputy Registrar to execute documents only after refusal to comply with judgment; Default judgment principles — plaintiff's burden of proof remains despite defendant's absence.
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23 October 2023 |
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Plaintiff proven purchaser in possession entitled to declaration of ownership and an order compelling defendant to effect transfer; vesting order refused pending non-compliance.
Property law – contract of sale and payment – possession as evidence of title claim – transfer of registered title – High Court Act s.14 and vesting orders – burden of proof in undefended actions.
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23 October 2023 |
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19 October 2023 |
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Filing suit during Michaelmas Vacation without leave deprived the court of jurisdiction; matter dismissed, plaintiff may recommence.
Civil procedure — vacation filings — Michaelmas Vacation — requirement of leave to commence process — jurisdictional effect of non-compliance with High Court Rules — defect not curable retrospectively.
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3 October 2023 |
| September 2023 |
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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.
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30 September 2023 |
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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.
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22 September 2023 |
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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.
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18 September 2023 |
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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.
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18 September 2023 |
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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.
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14 September 2023 |
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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.
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7 September 2023 |
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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.
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6 September 2023 |
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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.
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1 September 2023 |
| August 2023 |
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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.
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29 August 2023 |
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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.
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28 August 2023 |
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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.
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24 August 2023 |
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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.
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21 August 2023 |
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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.
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18 August 2023 |
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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.
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16 August 2023 |