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Citation
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Judgment date
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| August 2023 |
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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.
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16 August 2023 |
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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.
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11 August 2023 |
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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.
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5 August 2023 |
| July 2023 |
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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.
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27 July 2023 |
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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.
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25 July 2023 |
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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.
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24 July 2023 |
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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.
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12 July 2023 |
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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.
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11 July 2023 |
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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.
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10 July 2023 |
| June 2023 |
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Plaintiffs’ challenges to loan terms and requests for consolidation and injunction dismissed; defendant’s counterclaim succeeds with foreclosure nisi and judgment for K8,543,087.16.
Contract law – loan and collateral agreements – signature binds parties; consumer claims – unfair trading and extortionate terms not established; remedies – enforcement of signed credit contracts, foreclosure nisi, refusal to appoint receiver; awards – judgment for lender, nominal damages, interest and costs.
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29 June 2023 |
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Court orders valuation/sale and unequal apportionment of matrimonial assets, awards mortgaged Salama Park to petitioner and preserves pensions.
Matrimonial property – meaning of family property – contributions in money, material or in kind – property adjustment under Matrimonial Causes Act; Deed of Gift and effect on family property; valuation and sale of jointly acquired property; treatment of pension, gratuity, NAPSA and shares; apportionment of movable assets and liabilities.
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29 June 2023 |
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Court apportioned matrimonial assets: valuator sale/buy‑out for jointly titled land (Lusaka West 70/30), awarded mortgaged flats to petitioner, ordered transfers and itemised allocations.
Family property — property adjustment on divorce — non‑financial contributions (material/in kind) create equitable interest — valuation and sale or buy‑out options — treatment of gifts/transfers executed before/during proceedings — pensions, gratuities, shares and savings retained by their respective owners — need for finality and clean break.
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29 June 2023 |
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Plaintiff proved signed acknowledgements and recovered ZMW583,338.72; defendant ordered to pay within 90 days or collateral may be sold.
Civil recovery – village banking groups – enforceability of signed acknowledgements of debt; company limited by guarantee promoting savings; evidence and non-appearance; remedies including payment, interest and enforcement of pledged collateral.
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29 June 2023 |
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Court rejected remorse and youth mitigation, imposing life and lengthy concurrent and consecutive sentences for sustained abduction and rape.
Sentencing hearing; remorse and genuine contrition; youth and drug history as mitigation; gender-based violence; seriousness of prolonged abduction and continuous rape; concurrent vs consecutive sentences; imposition of life imprisonment for aggravated rape.
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29 June 2023 |
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Probation dismissals require statutory assessment and hearing; failure renders dismissal unfair, unlawful and compensable.
Employment law – probation – statutory procedural requirements (assessment, communication, right to be heard) – management status vs unionised employee – re‑designation under Minimum Wages and Conditions of Employment (General) Order – prohibition on contracting out of mandatory Employment Code provisions – remedies: damages, statutory underpayments, severance, interest.
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22 June 2023 |
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A legal practitioner’s failure to account client funds justified striking off; later reconciliation did not prevent discipline.
Legal practitioners – Professional misconduct – Failure to account for client funds – Service and notice to practitioner – Substituted service – Reconciliation not a bar to disciplinary sanction – Striking off roll.
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16 June 2023 |
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Court authorised an administrator to sell estate land under s19(2) after beneficiaries' consent and publication, with no objections.
Intestate Succession Act s19(2) – Administrator's power to sell estate property – Grant of Letters of Administration – Beneficiaries' consent – Publication of notice – No objections.
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15 June 2023 |
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Leave to appeal from Industrial Relations Division is unnecessary; appeal out of time granted and execution stayed pending appeal.
Civil procedure — Appeals from Industrial Relations Division — automatic right of appeal under Court of Appeal Act; extension of time to file appeal — discretionary relief on sufficient cause; stay of execution and stop sale of seized goods pending appeal to prevent nugatory relief.
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13 June 2023 |
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Court authorises administrators to sell estate land under s19(2) following title proof, publication and beneficiaries’ consent.
Intestate Succession Act s19(2) – Administrator’s authority to sell estate property – requirement of court authority – proof of estate title – publication of notice – beneficiaries’ consent – absence of objections.
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9 June 2023 |
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Court stayed proceedings pending determination of the defendant's application to set aside a consent judgment and consolidate actions.
Civil procedure — Stay of proceedings — Order 3 rule 2 High Court Rules — Consent judgment affecting same subject property — Non-joinder and setting aside consent judgment — Consolidation to avoid multiplicity of actions.
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1 June 2023 |
| May 2023 |
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Failure to serve a Section 13 notice of intention to re-enter rendered the council's repossession and reallocation invalid.
Property law – lands re-entry and repossession – Section 13 Lands Act – requirement to serve notice of intention to cause certificate of re-entry and afford three months to make representations – service by registered post – invalidity of re-entry without compliance; reliefs including cancellation of allocation, direction to effect transfer swap, and assessment of improvements to prevent unjust enrichment.
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29 May 2023 |
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Claim of constructive/unfair dismissal failed: plaintiff never resigned and lacked evidence to prove emoluments or statutory termination.
Employment law – constructive dismissal requires resignation or notice in response to employer's repudiation; suspension is not termination – unfair dismissal requires statutory breach – courts should not award pay for unworked suspension periods without conditions of service (risk of unjust enrichment) – court-ordered termination subject to statutory referral procedures – interlocutory relief under Order 3 Rule 2 requires an enabling provision.
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23 May 2023 |
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Whether a notice of intention to arbitrate suffices to commence arbitration and avoid six-year limitation.
Arbitration jurisdiction; notice of intention to arbitrate; construction of contractual dispute-resolution clause (Clauses 8.1 & 10.2); commencement of arbitral proceedings (UNCITRAL Article 3); limitation — Limitation Act 1939 (six years); court review of interim jurisdictional ruling under Arbitration Act Article 16(3).
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11 May 2023 |
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Plaintiff’s 0.5% success-fee claim dismissed; entitled to 0.140% only upon first project financing drawdown.
Agency / letter of authorisation – contract by conduct – quantum meruit considered but contract by conduct found – success fee conditional on project financing/first drawdown – prior payments characterised as consultancy/commission – claim for 0.5% dismissed; entitlement to 0.140% accrues after first drawdown.
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8 May 2023 |
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Court granted a mandatory interim order compelling the university to secure inspected, fit learning spaces to protect students' right to education.
Education rights – over‑enrolment and inadequate learning facilities – mandatory interlocutory injunction – exceptional remedy – irreparable harm – best interests of the child – balance of convenience.
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8 May 2023 |
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Arbitration rules govern award registration and service; court registration cannot alter an arbitral award—share‑register amendment set aside.
Arbitration law – Registration and enforcement of foreign arbitral awards – Arbitration Act and Arbitration (Court Proceedings) Rules govern registration and service – service out of jurisdiction under Rule 19 – mandatory 90‑day set‑aside period (Rule 17) is formal requirement but omission is curable – Court’s complementary role to arbitration does not permit altering an award (orders directing amendment of share register set aside).
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4 May 2023 |
| April 2023 |
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30 April 2023 |
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Warrants of seizure (s58) differ from restriction notices (s60); CPC governs warrants and proof on oath need not be a filed affidavit.
Anti-Corruption Act s58 (warrant of seizure) vs s60 (restriction notice) – Distinct effects; Criminal Procedure Code governs warrants obtained in investigations; proof on oath to magistrate suffices (no filed affidavit required); lower court misapplied civil filing rules; appellate competence where appeal arises from non-criminal-origin proceedings.
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21 April 2023 |
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Written sale with buy-back option, not a loan; plaintiff failed to prove repayment, specific performance and damages awarded to defendant; repayment ordered net of damages.
Property law – contract of sale with buy-back option – interpretation of written agreements; inadmissibility of extrinsic evidence to contradict clear contract terms; caveat and remedy under Lands and Deeds Registry Act; specific performance for contracts of land; unjust enrichment and repayment of monies paid towards a buy-back.
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21 April 2023 |
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Court held the parties executed a sale with a buy-back option, not a loan, denying caveat removal and granting specific performance.
Property law – contract of sale with buy-back option vs. secured loan; construction of written agreements; admissibility of extrinsic evidence; caveat removal; specific performance; assessment of redemption/extension charges.
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21 April 2023 |
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Seizure notices under the Anti‑Money Laundering Act must be served and justified by the State’s reasonable belief; otherwise they are invalid.
Seizure of property — Prohibition and Prevention of Money Laundering Act, s.15 — burden of proof on authorised officer to demonstrate reasonable belief of proceeds of crime; requirement of service of seizure notice to affected person; seizure notice validity interpreted as six months (s.18); right to be heard and presumption of innocence; High Court jurisdiction to entertain challenges to seizures.
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21 April 2023 |
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Third‑party restriction notices under section 61 take effect upon service on the third party; banks must comply.
Anti‑Corruption Act s60 v s61 — third‑party restriction notices — service on bank — effect from service on third party — bank’s duty to comply; customer‑banker relationship; lawful exercise of investigative powers.
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20 April 2023 |
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Eyewitness identification proved murder beyond reasonable doubt despite missing physical exhibits and allegations of investigative shortcomings.
Criminal law – murder – proof beyond reasonable doubt – eyewitness identification and identification parade – partisan witnesses and corroboration – missing exhibits and dereliction of duty – defence of self‑defence not pleaded.
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5 April 2023 |
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Sitting tenants (including subsidiary and seconded employees) have first priority to purchase houses; wrongly issued titles may be cancelled.
Property law — parastatal house disposals — sitting tenant priority to purchase; irregular conveyancing in face of injunctions and caveats; cancellation of wrongfully issued titles; equitable protection for bona fide purchasers for value; dismissal of counterclaim.
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1 April 2023 |
| March 2023 |
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Contract suspension under an express clause upheld; plaintiff failed to prove claimed losses; defendant's K12,792 counterclaim succeeds.
Contract law – distributorship – suspension versus termination – clause permitting suspension for non-payment; civil burden of proof – claimant must prove special losses with transaction-specific evidence; weight of reconciliation documents and unsigned communications; counterclaim established by final reconciliation.
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29 March 2023 |
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Court dismissed insurers' application to refer dispute to arbitration and rejected enforceability challenge based on a repealed Insurance Act.
Arbitration clause — Order 14A preliminary determination — choice of forum — forum non conveniens — contested factual disputes and allegations of fraud — jurisdictional limits — enforceability under Insurance Act (repealed provision) — dismissal of premature challenge.
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29 March 2023 |
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21 March 2023 |
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Committee’s annulment of all elections using unadopted draft rules and without hearing affected persons was unlawful and quashed.
Administrative law – judicial review – internal disciplinary/electoral bodies – amenability to review (Datafin) – excess of jurisdiction – use of unpromulgated draft rules – breach of natural justice – Wednesbury unreasonableness.
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6 March 2023 |
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Plaintiff's premature rescission barred specific performance; deposit refundable; defendant awarded nominal damages and assessed legal fees.
Contract law – rescission and anticipatory breach – premature rescission bars specific performance; withholding deposits and unilateral deductions require contractual authority or judicial determination – damages and legal fees recoverable but must be proved/assessed.
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6 March 2023 |
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Whether the applicant's challenge to a public body's suspension must proceed by judicial review with leave or by writ.
Administrative law — Judicial review v. ordinary civil action; leave requirement (Order 53); Order 14A and Order 33 (preliminary issues/strike out); declarations and damages; procedural impropriety, illegality, irrationality; when full trial/viva voce evidence is required.
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4 March 2023 |
| February 2023 |
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Court held receivers’ appointment void for failure to satisfy debenture notice/crystallisation prerequisites; conveyances tainted but some titles protected.
Company/Receivership – validity of receiver appointment – continuing floating debenture – crystallisation and notice required; Debenture law – events of default and seven‑day execution rule; Property law – void conveyance by invalid receiver; Bona fide purchaser doctrine and lis pendens; Reliefs – declaratory reliefs, rescission, damages (nominal awarded).
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28 February 2023 |
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Leave to appeal granted; stay refused because the judgment did not grant an enforceable remedy and the arbitral award was not stayable; writ of fieri facias set aside.
Arbitration: leave to appeal; stay of execution — judgment dismissing challenge to arbitral award not stayable; arbitral awards become enforceable as court orders once set-aside period expires or application refused; courts lack jurisdiction to stay awards they did not render; registration and enforcement of awards to be pursued in same court/process; irregular writ of fieri facias set aside.
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28 February 2023 |
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Summary determination under Order 14A refused where disputed oral loan, certificate status and vehicle sale issues required a full trial.
Procedure — Order 14A (summary determination) — procedural prerequisites and suitability for determination; Contract law — enforceability of oral money‑lender agreements post Money Lenders Act; Security v sale — whether vehicle sale was collateral; Interest — validity of 30% per month; Evidence — disputes of fact require full trial.
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22 February 2023 |
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Whether Cabinet Circular No.3/2001 binds statutory bodies and entitles seconded civil servants to equivalent employment terms.
Administrative law – Cabinet Office Circulars – binding effect on statutory bodies; Employment/contract law – secondment – clause 2(g) interpretation; Remedies – assessment of back pay, interest and costs.
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21 February 2023 |
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Employer failed to prove bona fide operational requirements; terminations were unfair and damages awarded (five months' salary each).
Employment law – redundancy v. termination – operational requirements – burden of proof on employer under s.52(5) Employment Code Act – unfair/unlawful dismissal – damages.
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13 February 2023 |
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Employer dismissed employees without charge or hearing; dismissals held wrongful and unfair, awarding 24 months' salary as damages.
Employment law – Employment status – wrongful and unfair dismissal – breach of natural justice and s.52(3) Employment Code Act – damages (24 months’ salary) – suspension without pay – costs for unreasonable delay.
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10 February 2023 |
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Employment performed in Zambia is governed by Zambian law; summary dismissal without a hearing is unfair and attracts damages.
Employment law – Governing law for contracts performed in Zambia – Incorporation of external terms – Wrongful v. unfair dismissal – Requirement to give valid reasons and hearing before summary dismissal – Remedies: damages, notice pay, return of employer property – Counterclaim must be pleaded.
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3 February 2023 |
| January 2023 |
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Plaintiff failed to prove claimed hire charges; parties’ conduct showed payment was due only for actual days worked.
Contract interpretation — hire of plant equipment — admissibility of surrounding circumstances and conduct to determine commercial intention — burden of proof in civil claims — whether charges payable per actual days worked or for entire custody period.
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31 January 2023 |
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Claims challenging a provisional liquidator’s acts, including alleged illegality of remuneration, must be pursued within the pending winding up proceedings.
Corporate insolvency – Liquidation – Jurisdiction to challenge acts of liquidator – Disputes as to remuneration, account and alleged misfeasance must be raised in winding up proceedings; multiplicity of actions disapproved.
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27 January 2023 |
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Whether rejection of the applicant's nomination and subsequent timing issues rendered the by-election void.
Electoral law — nomination challenges (Article 52(4)) — nullification grounds (s.97(2)(b) EPA) — nullification vs disqualification (Art.72(4)) — effect of lapse of 21‑day period — Article 52(6) resignations and fresh nominations — abuse of process.
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24 January 2023 |