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Supreme Court of Zambia - 1990 September

4 judgments
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4 judgments
September 1990
Zambia State Insurance Corporation Limited v Mulikelela (S.C.Z. Judgment 9 of 1990) [1990] ZMSC 17 (26 September 1990)
Interlocutory injunctions in wrongful dismissal require clear right and irreparable harm; reinstatement is rare.
  • Injunctions — interlocutory relief in wrongful dismissal cases — requirement of clear right and necessity to prevent irreparable harm — reinstatement as rare, exceptional remedy
26 September 1990
Stone Enock Mutambo v Agness Mhango and Anor (Appeal No. 22 of 1989) [1990] ZMSC 21 (13 September 1990)
Appeal allowed: wrongful eviction claim not barred by res judicata; matter remitted for trial and costs to follow.
  • Civil procedure — Res judicata — Wrongful eviction claim not barred where it was never tried; misleading pleadings may still disclose viable causes of action; remittal to trial court — Abuse of process — Re-litigation of unresolved issues not abusive.
13 September 1990
Koni v Attorney General (S.C.Z. Appeal 7 of 1990) [1990] ZMSC 15 (10 September 1990)
Appellate review raised and increased damages for inadequately assessed pain, loss of amenities and earnings, and awarded interest.
  • Assessment of damages — appellate interference — standards for setting aside awards; personal injury — adequacy of general damages for pain and suffering and loss of amenities; special damages — proof by taxi operator without documentary records; mitigation of loss — reasonableness of not employing a driver; interest on damages
10 September 1990
Barclays Bank of Zambia Limited v Ian Peter Smith (Appeal No. 11/90) [1990] ZMSC 20 (4 September 1990)
Default judgment obtained under a defective writ set aside; respondent must repay amounts and bear appellant's costs.
  • Civil procedure — Defective writ/incorrectly entitled and served writ — Default judgment set aside — Repayment of sums paid under set-aside judgment — Leave to amend writ — Costs awarded against respondent.
4 September 1990