Skip to document content Skip to main menu Skip to search

Principal Registry Lusaka - 2023 May

2 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
2 judgments
May 2023
Simasiku Simukuka v Lusaka City Council and Anor (2014/HP/1261) [2023] ZMHC 30 (29 May 2023)
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.
29 May 2023
Gabriel Mangamu Musonda v ZESCO Ltd (2010/HP/1268) [2023] ZMHC 79 (23 May 2023)
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.
23 May 2023