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Supreme Court of Zambia - 1985 November

2 judgments
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2 judgments
November 1985
Ozokwo v Attorney-General (S.C.Z. Judgment 25 of 1985) [1985] ZMSC 21 (14 November 1985)
Airfare damages should reflect the rate when paid; gratuity is calculated on basic salary excluding non-private practice allowance.
  • Damages — inflation and realistic recompense — airfares to be paid at rate applicable when payment is made; Employment contract — construction of "salary"/"emoluments" and exclusion of non-private practice allowance from gratuity base
14 November 1985
Patel v Patel (S.C.Z. Judgment 26 of 1985) [1985] ZMSC 22 (14 November 1985)
A two-year nationwide restraint preventing the respondent from working in Zambia is unreasonable; airfare payment is not a valid justification.
  • Restraint of trade — employment contract — reasonableness of temporal and geographic limits — employer’s interest in trade secrets and connections — public sector employment does not necessarily threaten employer’s interests — payment of employee’s air fare not a reasonable justification — damages for breach; counter-claim for unpaid salary and leave pay
14 November 1985