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Supreme Court of Zambia - 1996 March

3 judgments
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3 judgments
March 1996
Zambia Privatization Agency v Matale (Appeal 96 of 1995) [1996] ZMSC 27 (15 March 1996)
Payment in lieu of notice lawfully terminates a fixed-term employment; damages limited to reasonable notice (six months on these facts).
  • Employment law — fixed-term contract — termination by payment in lieu of notice — reasonable notice as measure of damages in absence of express clause — discrimination under s108 requires proof of statutory grounds — industrial relations court may consider other pleaded grounds.
15 March 1996
Kapita v People (SCZ Appeal 52 of 1995) [1996] ZMSC 36 (5 March 1996)
Applicant's claim of lawful use of force and accidental discharge rejected; conviction and death sentence upheld.
  • Criminal law — Murder — Use of force in effecting arrest (Police Act s24(1)(c)) — Defence of accidental discharge — Credibility of eyewitnesses — Postmortem wound consistency — Sentencing — extinuating circumstances.
5 March 1996
Tropics Ltd v Vaithheeswaran (SCZ 3 of 1996) [1996] ZMSC 30 (5 March 1996)
Whether employer was estopped from denying an unauthorised increase in an expatriate's inducement allowance.
  • Agency and authority — whether local director could bind employer to increased expatriate inducement allowance; estoppel — requirements and limits; evidential assessment of oral and documentary proof; Bank approval not dispositive.
5 March 1996