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Supreme Court of Zambia - 1995 May

3 judgments
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3 judgments
May 1995
ANZ Grindlays Bank (Zambia) Limited v Chrispin Kaona (S.C.Z. JUDGMENT NO. 12 OF 1995) [1995] ZMSC 54 (12 May 1995)
Wrongful dismissal after lawful union meeting attendance warrants damages, not reinstatement; res judicata did not bar individual relief.
  • Employment law — wrongful dismissal — permission to attend union meeting — res judicata — section 108 discrimination — discretion to order reinstatement or damages.
12 May 1995
Development Bank of Zambia v Mangele Farms Limited (S.C.Z. Judgment 8 of 1995) [1995] ZMSC 16 (9 May 1995)
Damages for conversion are assessed at judgment/assessment date; interest above the statutory 6% cap is ultra vires.
  • Civil damages — detinue/conversion — valuation assessed at date of judgment/assessment; Interest on judgment debts — Judgment Act 6% cap cannot be exceeded by statutory instrument (ultra vires); unjust enrichment and need for evidence of goods' condition when awarding replacement value
9 May 1995
Zambia National Broadcasting Corpopration Limited v Tembo & Others (S.C.Z. Judgment 9 of 1995) [1995] ZMSC 19 (9 May 1995)
Invalid acting appointment meant wrongful dismissal; discrimination on political grounds warranted compensation (one year’s salary), not reinstatement.
  • Employment law — Industrial and Labour Relations Act s108 — Political opinion/affiliation discrimination — Validity of acting appointment to dismiss — Discretion as to reinstatement — Duty to mitigate and assessment of damages
9 May 1995