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High Court of Zambia - 2023

107 judgments
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107 judgments
January 2023
Lusambo v Kanengo and Ors (HP/EP 3 of 2022) [2023] ZMHC 2 (24 January 2023)
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.
24 January 2023
Malanji v Mulenga and Ors (2022/HP /EP /0002) [2023] ZMHC 10 (24 January 2023)
Whether rejecting a re-nomination after nullification voids a by-election.
  • Electoral law — nominations — Returning Officer’s power to accept/reject under Article 52(2) and Reg 18(7) — nullification ≠ automatic disqualification — High Court stay and 21‑day rule — section 97(2)(b) standard for voiding election — fresh nominations issue pending Constitutional Court.
24 January 2023
Dr. Alvert N. Ng'andu v Zambia Center for Accountancy Studies (COMP NO/IRCLK/189 /2018) [2023] ZMHC 48 (23 January 2023)
Whether pre-renewal appraisal or vacation leave created implied contractual rights or a legitimate expectation of renewal.
  • Employment law — fixed-term contract renewal — implied terms from established workplace practice — business efficacy test; legitimate expectation — vacation leave and contract termination date; enforceability of grievance procedure post-termination; remedies for non-renewal.
23 January 2023
Muma v Hundredfold Harvest Farm Ltd and Ors (HN 176 of 2021) [2023] ZMHC 1 (23 January 2023)
Counsel whose signature appears on competing title deeds was recused as a likely witness; right to counsel is not absolute.
  • Professional conduct — recusal — practitioner likely to be witness due to register/signature on competing title deeds — application of Legal Practitioners Act and Rule 33(1)(d) — right to counsel not absolute.
23 January 2023
Solomon Obrian Mazila and Anor v Mwalin Investments Limited (2022/HN/IR/21) [2023] ZMHC 54 (20 January 2023)
Employer's financial inability did not establish redundancy; employees entitled to notice pay, accrued leave and gratuity post-Act commencement.
  • Employment law — redundancy v operational requirements — section 55 Employment Code Act — notice entitlement (s.53) — accrued leave — gratuity entitlement under Employment Code Act (25% for long-term contract period) — assessment by Deputy Registrar — interest and costs.
20 January 2023
Solomon Obrian Mazila and Anor v Mwalin Investments Limited (2022/HN/IR/21) [2023] ZMHC 55 (20 January 2023)
Termination for employer financial difficulty is not automatic redundancy; employees entitled to notice pay, accrued leave and post‑Act gratuity.
  • Employment law — termination — redundancy v operational/financial reasons — application to oral contracts; notice entitlement; payment for accrued leave; gratuity under Employment Code Act s73; assessment by Deputy Registrar; interest; leave to appeal.
20 January 2023
Kaindu Natural Resources Trust and Ors v Malamfu and Ors (HP 121 of 2021) [2023] ZMHC 4 (13 January 2023)
Application to disqualify counsel for former-client conflict dismissed for lack of real risk of misuse of confidential information.
  • Legal practitioners — Conflict of interest — Former-client conflict — Duty of confidentiality survives retainer — Disqualification requires real risk of misuse of confidential information — Non-client cannot assert another party’s legal professional privilege.
13 January 2023