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Supreme Court of Zambia - 1995 June

5 judgments
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5 judgments
June 1995
Kabimba v Attorney General & Another (S.C.Z. Judgment 13 of 1996) [1995] ZMSC 23 (21 June 1995)
A stay in judicial review is not an injunction and may be granted despite statutory prohibitions on injunctive relief against the State.
  • Practice — Stay of proceedings in judicial review — Distinction between stay and injunction — State Proceedings Act prohibition on injunctions against the State — Order 53 (judicial review) — Interim relief pending appeal
21 June 1995
Fely's Enterprises Limited v Zambia Breweries Limited (Appeal No. 32 of 1995) [1995] ZMSC 57 (20 June 1995)
Section 24 bars appeals to the Supreme Court from a High Court judge's grant of unconditional leave to defend.
  • Civil procedure — Appeals — Effect of section 24 of the Supreme Court Act — Bar on appeals from a High Court judge's grant of unconditional leave to defend — Finality of judge's discretionary order.
20 June 1995
Landmark Ltd and Anor v Phiri (SCZ 11 of 1995) [1995] ZMSC 50 (8 June 1995)
Damages must be assessed by reference to the vehicle's value at the date of the accident; reassessment ordered.
  • Damages assessment — motor vehicle — correct date for valuation (date of accident v. date of assessment) — insufficiency of valuation evidence — remittal for reassessment — costs reserved.
8 June 1995
Nkhoma v Miyanda - National Secretary of TheMovement for Multiparty Democracy (S.C.Z. 61 of 1994) [1995] ZMSC 21 (7 June 1995)
A party regulation imposing a residential qualification was ultra vires the applicant's constitutional right to be elected; declarations and injunction granted.
  • Party constitution — construction of Article 9(d) — ordinary meaning vs. implied residency qualification — Regulation 4(m) ultra vires — provincial chairmen ex officio membership of National Executive Committee — golden rule of statutory construction
7 June 1995
Development Bank of Zambia v Mambo (S.C.Z. Judgment 13 of 1995) [1995] ZMSC 20 (6 June 1995)
Retrospective salary increases do not alter a settled payment in lieu of notice absent fresh consideration.
  • Contract law — damages on breach — computation of salary in lieu of notice where employer later grants a retrospective pay increase; payment in lieu discharges liability; notice cannot be backdated
6 June 1995