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Principal Registry Lusaka - 2020 August

4 judgments
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4 judgments
Citation
Judgment date
August 2020
Solomon Siame v First Quantum Mining and Operations Limited (2018/HP/0689) [2020] ZMHC 459 (31 August 2020)
Employer breached duty to provide a safe wash bay; plaintiff awarded damages; contributory negligence unsuccessful.
Employer duty of care – workplace safety and supervision – inadequate wash‑bay controls and signage – breach of duty – causation – contributory negligence rejected – Mines and Minerals Act strict liability applies to registered holder only – assessment of damages (pain and suffering, permanent incapacity, loss of prospective earnings).
 31 August 2020
National Pension Scheme Authority and Charles Milupi and News Diggers Media Limited (2020/HP/0216) [2020] ZMHC 474 (17 August 2020)
A statutory public body cannot sue for defamation based on corruption allegations; action dismissed for want of cause of action.
Defamation — capacity of statutory/public bodies to sue; Malicious falsehood — imputations of corruption against corporate bodies; Strike out for failure to disclose cause of action; Application of English common law in Zambia.
 17 August 2020
The People v Lameck Shambana and Ors (HP /105/2020) [2020] ZMHC 452 (12 August 2020)
Whether self‑defence negated murder and whether prosecution proved common intention against the accused.
Criminal law – murder – requirement to prove death, causation and malice aforethought beyond reasonable doubt – self‑defence as negating malice; suspect/ interested witness – danger of false implication and need for corroboration; common intention (s.22 Penal Code) – requirement of evidence linking co‑accused to the probable consequence of the unlawful purpose.
 12 August 2020
Seventhday Adventist Association in Zambia Registered Trustee v Apostles Church (2010/HP/446) [2020] ZMHC 478 (7 August 2020)
A defendant may apply to set aside a default judgment despite judicial remarks deeming the matter closed; Registrar erred.
Civil procedure – setting aside default judgment – distinction between default of appearance/defence and after‑trial default judgments – Orders XII r.2 and XX r.3 HCR (and Order 19 r.9 RSC) permit setting aside without the seven‑day limit in Order 35 r.2 RSC – judge’s observational remarks do not oust jurisdiction to hear set‑aside application.
 7 August 2020