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Principal Registry Lusaka - 2023 July

3 judgments
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3 judgments
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Judgment date
July 2023
Cameron v Cameron (2022/HPF/D0028) [2023] ZMHC 102 (27 July 2023)
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.
 27 July 2023
Chingati Msiska (Suing in his capacity as Secretary General of Zambia Union of Financial Institute of Allied workers) and Ors v Yescash Zambia Limited (COMP No. IRC LK/332/2019) [2023] ZMHC 38 (25 July 2023)
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.
 25 July 2023
Xpress Food Limited v Huajiang Investments Limited and Anor (2023 /HP/ 0850) [2023] ZMHC 91 (12 July 2023)
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.
 12 July 2023