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Principal Registry Lusaka - 2024 February

12 judgments

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12 judgments


February 2024
Rosemary Chisowa v Stanlous Chisowa (2022/HPF/D095) [2024] ZMHC 377 (29 February 2024) Decree Nisi granted on two years' separation with consent; court determined undefended divorce on affidavits under Order 30 Rule 6A. Divorce — Decree Nisi — two years' separation with consent — undefended divorce on affidavit evidence — Order 30 Rule 6A High Court Rules (Amendment) 2020 — inapplicability of English Family Proceedings/Matrimonial Rules — custody and maintenance — property settlement referral to mediation.	29 February 2024
Vincent Mando v Garda World Zambia Limited (Comp No. IRCLK/ 175/2022) [2024] ZMHC 31 (27 February 2024) Fleet Mechanic not covered by Shop Workers Order; awarded statutory gratuity under Employment Code Act; salary and leave claims dismissed. Employment law — Minimum Wages and Conditions of Employment (Shop Workers) Order — scope and applicability — worker categories; Employment Code Act 2019 — gratuity mandatory under s.73 for long-term contracts; Contractual entitlement to allowances; Procedural conduct — failure to attend hearing and costs.	27 February 2024
Dorothy Phiri Soko v National Pension Scheme Authority (COMP NO./296/2021) [2024] ZMHC 36 (23 February 2024) Employer's late non-renewal, tied to flawed disciplinary process, breached legitimate expectation; damages awarded (12 months' salary). Employment law — fixed-term contract non-renewal — legitimate expectation and promissory estoppel — procedural fairness in disciplinary proceedings — wrongful and unfair termination — remedy: damages (12 months' salary) not reinstatement.	23 February 2024
Chen Caiping v Solomon Chemicals Enterprises Limited and Solomon Ng'ambi (2024/HP/0030) [2024] ZMHC 70 (22 February 2024) Court set aside default judgment and granted leave to defend, requiring defence to be filed within 14 days. Civil procedure — setting aside default judgment — discretionary power — requirements: bona fides, reasonable explanation for default, absence of mala fides — defence on the merits/triable issue — no mini‑trial; consider evidence likely at trial.	22 February 2024
Dansiano Phiri v Afronet Trading Limited (T/A Fresh Dream Bakery) (COMP/IRCLK/ 283/2021) [2024] ZMHC 33 (20 February 2024) The applicant awarded leave pay, salary arrears and statutory severance; severance accrues from May 2020 and is not a pension benefit. Employment law — leave pay — employer admission to indebtedness; Employment Code Act 2019 s.54 — severance/gratuity for permanent employees; accrual of statutory severance from end of transition (May 2020); distinction between severance and pension benefits for payroll retention; acceptance of employer-signed computations as evidence; costs for unreasonable non-appearance.	20 February 2024
Robust Trailers & Bodies Limited v Professor Nkandu Luo (2021/HP/1149) [2024] ZMHC 394 (18 February 2024) The applicant’s appeal filed outside the seven‑day period under Order XXX rule 10 was time‑barred and dismissed for want of jurisdiction. Civil procedure — Appeals from Registrar — Time limits under Order XXX rule 10 HCR — Effect of non‑compliance and want of jurisdiction — Procedure — Strict adherence to rules of Court — Time‑barred appeals cannot be entertained — Extensions of time — Requirement for prior leave or extension by Registrar/Judge	18 February 2024
John Banda v John London Cars (Import & Export Limited) (2023/HPIR/0107) [2024] ZMHC 34 (16 February 2024) Applicant awarded salary underpayments and statutory gratuity due to employer’s non-compliance with minimum wage requirements. Labour law — Minimum wages and protected employees — Contractual pay below statutory minimum void to extent of contravention — Statutory gratuity for long-term contracts — Proof and pleading requirements for leave claims — Costs for non-appearance.	16 February 2024
Chabo Kyalusanza v Horizon Properties Limited and Others (2024/HP/0688) [2024] ZMHC 395 (12 February 2024) Application to file a reply out of time refused due to inordinate delay, unsatisfactory excuse and prejudice to the defendants. Civil procedure — extension of time — Order XIX Rule 2 — non-compliance with directions — delay, inadequate excuse (advocate illness), prejudice to respondent — Access Bank precedent; discretion to refuse late filings	12 February 2024
Cynthia Mompwa Mpikwa v James Jamu Koni (2022/HPF/D232) [2024] ZMHC 378 (7 February 2024) Court varied prior custody order after children's expressed preferences, awarding custody to the respondent and discharging the injunction. Matrimonial law — custody variation — children’s views and best interests — review/variation of court judgments (Order 39) — ex parte matrimonial injunction discharged.	7 February 2024
Kainant Investments Limited v Mutemwa Mutemwa (2021/HP/ 1501) [2024] ZMHC 75 (7 February 2024) Under Debtors Act s4 the court found evidence of means to pay and issued a suspended 30‑day committal order pending payment. Debtors Act s4 — committal for default; proof of means to pay — documentary evidence and reasonable inference; Order 3 Rule 2 inapplicable post-judgment; suspended custodial committal; bank payment instruction as evidence.	7 February 2024
Mwaka Nakazwe Munthali v John Richard Munthali (2023/HPF/D650) [2024] ZMHC 380 (5 February 2024) Decree Nisi granted on consent where two-year continuous separation proved; property settlement referred to mediation. Family law — Matrimonial Causes Act (Sections 8, 9(1)(d), 41) — irretrievable breakdown due to two-year separation — consented Decree Nisi — referral of property settlement to mediation under High Court Rules (Order 31 Rule 4).	5 February 2024
Chiteke Kapepula v Malama Mushinga and Another (2024/HP/0028) [2024] ZMHC 397 (1 February 2024) Court granted mutual interim injunctions to preserve disputed land pending trial, finding a serious question to be tried. Interim injunctions — American Cyanamid test — serious question to be tried — preservation of subject matter — mutual/reciprocal injunctions — leave to appeal granted	1 February 2024