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Supreme Court of Zambia - 1985 July

3 judgments
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3 judgments
July 1985
Miyanda v Attorney-General (S.C.Z. Judgment 21 of 1985) [1985] ZMSC 19 (30 July 1985)
Attestation as cadet can vest accrued statutory protection against summary dismissal; damages (with interest) awarded, not reinstatement.
  • Employment law — accrued rights under a repealed statute — attestation as cadet vests contingent contractual/statutory protections — procedural safeguards before dismissal survive where conditions for acquisition were set in motion — discretionary relief: declaration v damages — assessment of damages and interest
30 July 1985
Wise v EF Hervey Limited (S.C.Z. Judgment 18 of 1985) [1985] ZMSC 18 (14 July 1985)
A counter-claim consisting only of a schedule of values without material facts does not disclose a cause of action and must be struck off.
  • Civil procedure — Pleadings — Cause of action — Necessity to plead material facts — Bare schedules of damages insufficient — When statutory, equitable or contractual bases are relied on, material facts must be alleged
14 July 1985
Appollo Refrigeration Services Co Ltd v Farmers House Ltd (S.C.Z. Judgment 19 of 1985) [1985] ZMSC 17 (4 July 1985)
Landlord’s possession claim must be begun by writ; new landlord may rely on prior landlord’s notice to quit; amendment allowed, three‑month stay.
  • Procedure — Landlord and tenant claims for possession of business premises must be commenced by writ (Order 6 High Court Rules); originating notice of motion inappropriate under Landlord and Tenant (Business Premises) Act. New landlord may rely on notice to quit served by previous landlord where intentions (e.g. redevelopment) are similar. Amendment to cure procedural defect permissible where no prejudice arises. Stay of execution granted
4 July 1985