Supreme Court of Zambia - 1995 February

5 judgments
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Results. 5 judgments found.

5 judgments
February 1995
Probationary fixed-term employment cannot be terminated by notice in breach of employment regulations; discrimination not established under section 129.
  • Employment law — probationary fixed-term contracts — Employment (Special Provisions) Regulations 4(1) — dismissal without prior approval of proper officer — discrimination under s129 (sex, social status) — remedies: damages v reinstatement
27 February 1995
Commissioner’s intention controls first land grants to squatters; erroneous first certificates may be rectified under s.11.
  • Land law — disposition to squatters — power of Commissioner of Lands to determine allocation and limit extent of grants — first certificate of title — rectification of register under s.11 Lands and Deeds Registry Act — effect on rights of other squatters
22 February 1995
Interim injunctions restraining employer repossession of company house and car were discharged; reinstatement unlikely and damages adequate.
  • Employment law — interim injunctions — reinstatement as exceptional remedy — irreparable harm — company housing and vehicle not necessarily non-compensable; procedural complaints deferred to final judgment
22 February 1995
Oral notice of a reinstatement claim can waive pleading defects, but reinstatement requires exceptional circumstances and was not ordered.
  • Employment law — Wrongful dismissal — Reinstatement — Pleading requirements under Order 18 — Oral notice and waiver of objection — Exceptional circumstances required for reinstatement
15 February 1995
Judicial review inappropriate for private political-party tribunals; relief should be sought by writ for declaration and injunction.
  • Civil procedure — judicial review — scope limited to tribunals exercising public-law functions — political party domestic tribunals are private — challenge to expulsion seeking declaration/injunction should be by writ — court may order proceedings to continue as if begun by writ
2 February 1995