Results.
44 judgments found.
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| December 1997 |
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Whether summary dismissal was lawful where the appellant absented himself and the disciplinary code lacked statutory force.
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Employment law — Summary dismissal — Absence/desertion — Grievance and Disciplinary Code not gazetted — Master and servant relationship — Resignation ineffective after disciplinary proceedings commenced
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29 December 1997 |
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Redundancies implemented without required Works Council approval were void; affected employees awarded damages instead of reinstatement.
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Employment law — Redundancy — Statutory requirement of Works Council approval (s.108(1)(e) Industrial Relations Act No.36/1990) — failure to obtain prior approval renders redundancies void — accrued rights preserved despite repeal by 1993 Act — remedy where reinstatement impracticable: damages (12 months' pay) with interest — evidentiary weight of minutes and belated approval.
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12 December 1997 |
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Reinstatement ordered where dismissal for alleged dishonesty was unproven and procedural fairness absent.
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Employment law — Wrongful dismissal — Procedural fairness and particulars in disciplinary proceedings — Reinstatement as remedy — Special circumstances where allegations unproven and dismissal carries stigma — Public institution duty to fair play
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9 December 1997 |
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Appellants' identification was upheld based on prior acquaintance evidence; convictions and sentences were affirmed.
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Criminal law — eyewitness identification — mistaken identity — identification parade — reliability and corroboration of identification evidence; appeal against sentence — manifest excess.
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4 December 1997 |
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The appellant's challenge to an aggravated robbery conviction failed; possession of the firearm and recovered money established guilt.
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Criminal law — Aggravated robbery — Identity and possession — Recovery of stolen money and firearm — Evaluation of credibility and ballistic evidence — Appeal dismissed.
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4 December 1997 |
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Applicant's late request for a new tenancy was legally incompetent; Supreme Court cannot vary its final judgment for such substantive errors.
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Civil procedure — correction of judgments — Rule 78: permissible correction limited to clerical errors or accidental slips; not mistakes of law.\nLandlord and Tenant (Business Premises) Act — requests for new tenancy — a late request after expiry of notice is legally incompetent.\nAppeal procedure — omission of consolidated pleadings does not necessarily vitiate a judgment where statutory requirements are not met.
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2 December 1997 |
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Court reduced concurrent robbery sentences from 20 to 15 years for leniency and refused petitioners’ application to review prior rulings absent new grounds.
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Criminal law — Sentencing — Leniency for remorse; reduction of sentence. Constitutional/original jurisdiction — Power of Supreme Court to review its own decisions when sitting as court of first instance; adoption of High Court Order 39 review principles; review permitted only for clerical error, accidental slip, failure to express intention, or material new evidence not previously discoverable; fuller re-argument not a ground for review
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2 December 1997 |
| November 1997 |
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Applicant's signed documents prepared by common advocate satisfied Statute of Frauds; respondent entitled to specific performance.
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Statute of Frauds (s.4) — memorandum and signature; agency/common advocate — effect of documents prepared at vendor's instruction; enforceability of unsigned contracts; specific performance for sale of land; adequacy of damages.
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19 November 1997 |
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Conviction upheld under recent-possession doctrine where appellant gave inconsistent explanations for possession; sentence affirmed.
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Criminal law — Aggravated robbery — Doctrine of recent possession — Circumstantial evidence — Inference from inconsistent explanations — Sentence for violent gang robbery.
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18 November 1997 |
| October 1997 |
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Appellate court upheld aggravated robbery conviction despite witness contradictions, finding corroboration and rejecting mistaken-identity defence.
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Criminal law — Aggravated robbery — Evidence of identification — Conflicting eyewitness accounts — Corroboration and acting in concert — Appellate review of trial judge’s assessment — Standard of proof beyond reasonable doubt — Forensic absence not necessarily fatal.
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21 October 1997 |
| September 1997 |
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An unappealed Industrial Relations Court judgment on redundancy is enforceable; employer ordered to comply with original award.
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Employment law — redundancy — enforcement of unappealed Industrial Relations Court judgment — interpretation of collective agreement — employer's non‑compliance with court order.
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30 September 1997 |
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Failure to plead wrongful seizure abandons that cause of action; interpleader, not a direct action, is the remedy for third-party seizures.
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Practice — Statement of claim must disclose cause of action; omission on statement of claim constitutes abandonment
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Execution — Seizure under regularly issued writ not wrongful even if goods belong to third party; third-party remedy is interpleader (Order XLI r.53–56 / High Court equivalent)
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21 September 1997 |
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Time was not of the essence; vendor’s rescission was invalid and specific performance was properly ordered.
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Contract for sale of land — time of the essence — completion after state consent — notice to complete — parol evidence/statute of frauds — oral variation unenforceable — specific performance ordered.
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11 September 1997 |
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Appellant’s presence in vehicle with stolen goods shortly after violent robbery upheld; sentence increased above minimum.
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Criminal law — Aggravated robbery — Presence in vehicle with stolen property shortly after offence — inference of guilty knowledge — credibility of accused’s explanation; Sentence — minimum prescribed term — increased where robbery was violent and carried out by gang.
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10 September 1997 |
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Council unlawfully demolished a building after failing to follow its By-Law notice procedures and time limits.
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Municipal law — Building permits — By-Law 57(1)(c) mandatory; By-Law 60(3) permits commencement after 30 days' silence; By-Law 67(2) requires specific written notice before demolition — council liable for demolition contrary to its own by-laws
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10 September 1997 |
| August 1997 |
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Where circumstantial evidence permits competing inferences, lingering doubts must be resolved for the accused, quashing unsafe manslaughter convictions.
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Criminal law — Circumstantial evidence — Drawing of inferences — Where two or more inferences possible adopt the one favourable to accused — Lingering doubts resolved in favour of accused — Conviction unsafe where linkage and identity uncertain
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11 August 1997 |
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An application under s4/Rule 48 must be brought before a single judge's extended time expires; late applications are misconceived.
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Appeal — extension of time — application to full court against single judge's decision — Section 4(1)(b) and Rule 48(4) — timing of application; once single judge's order has taken effect full court cannot vary or reverse it
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11 August 1997 |
| July 1997 |
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Court may order blood/DNA tests to determine paternity relevant to presidential qualification, applying English law where Zambian law is silent.
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Constitutional law — presidential eligibility — parentage; Applicability of English law via High Court Act s.10 in default of local law; Family Law Reform Act 1969 (s.20, s.21) and Order 112 — power to direct blood/DNA tests; consent is for giving effect to direction, not a precondition; power to join non‑party for testing.
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23 July 1997 |
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Whether the appellant was a juvenile at the time of the murder affecting confirmation of the death sentence.
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Criminal law — Murder (s.200 Penal Code) — Death penalty — Juvenile status and age assessment by medical report — Killing in course of felony — Absence of extenuating circumstances.
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15 July 1997 |
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An employer’s unilateral reduction of a basic employment term without consent terminates the contract and entitles the employee to redundancy benefits.
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Employment law — Unilateral variation of basic terms — Effect of employer reducing salary without employee consent — termination and redundancy entitlement; Calculation of terminal benefits on pre-variation terms; Company car sale under conditions of service; BP Africa bonus payable pro rata.
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14 July 1997 |
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Failure to follow disciplinary code and to produce evidence rendered the dismissal wrongful; reinstatement is an exceptional remedy.
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Employment law — wrongful dismissal — procedural fairness — failure to follow disciplinary code — denial/ non‑production of evidence (security fuel book) — reinstatement as exceptional remedy
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13 July 1997 |
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Appeal dismissed: no evidence of discriminatory downgrading and premature retirement issue cannot be reconsidered on appeal.
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Employment law — grading of appointment — alleged incorrect grade and claimed entitlement to higher scale; discrimination on social status — requirement of evidential proof; premature retirement — issue struck out below cannot be reopened on appeal; acceptance of offer and terms of appointment.
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11 July 1997 |
| June 1997 |
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Court refused order for DNA/blood tests: English Family Law Reform Act 1969 cannot be used to compel a non-party in a presidential petition.
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Constitutional election petition — parentage in issue — Family Law Reform Act 1969 (procedural) — applicability in Zambia where domestic law is silent — statutory machinery limited to parties — no power to direct tests of non-party witness — common law cannot physically compel adult testing.
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24 June 1997 |
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Whether employer conduct and part payments bound it to an extra-contractual termination package despite a written contract.
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Employment law — Termination — Extra-contractual severance agreements — Acceptance by conduct and silence; Evidence and credibility — appellate interference; Interest — pre-judgment interest period and rates; Currency components — Kwacha (average short-term bank deposit rate) and USD (7%).
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3 June 1997 |
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Court allowed appeal: adult employed daughter was not a statutory "dependant"; High Court's variation and non‑joined orders set aside.
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Wills and Administration of Testate Estates Act — s.20(1) variation of will — statutory "dependant" and "child" definitions — joinder of parties — limits on court altering testamentary dispositions — improper appointment of additional administrator.
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3 June 1997 |
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Industrial Relations Court's broad jurisdiction permits merits-based unfair dismissal findings; mitigation guides compensation awards.
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Industrial Relations Court — wide jurisdiction under s.85 — not bound by pleading technicalities — may probe reasons for dismissal; appellate review limited to points of law; mitigation and Mubanga principle guide compensation for unfair dismissal
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2 June 1997 |
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Court held will-variation power limited to statutory dependants; orders for non-parties and extra administrator set aside.
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Probate — Variation of wills — s.20 Wills and Administration of Testate Estates Act 1989 — definition of "dependant" and "child" — joinder of parties — limits on court's power to rewrite a will — appointment of additional administrator
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2 June 1997 |
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Bank approval of a higher allowance does not estop an employer from denying an unauthorized pay increase.
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Practice — Estoppel; Employment contracts — authority to fix terms; Third-party (central bank) approval not creating contractual entitlement; Bank application not an offer to employee
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2 June 1997 |
| May 1997 |
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Whether dismissal constituted unlawful discrimination under s.108 (social status) and the sufficiency of ballistic expert evidence to rebut employee’s account.
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Industrial Relations Act s.108 — meaning of "social status" — discrimination — evidentiary assessment of ballistic expert evidence — appropriateness of reinstatement remedy.
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29 May 1997 |
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Bank may charge agreed compound interest, but penal interest is unlawful; arrangement fee awarded; recalculation required.
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Banking law — Interest — Compound interest permissible only by express agreement or acquiescence; Penal (punitive) interest is not customary in Zambia and is unenforceable as a common‑law penalty (and is statutorily banned); arrangement fee awarded; recalculation of compound interest ordered.
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28 May 1997 |
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Court refused petitioners' application to review orders excluding subpoena and witness character evidence against the respondent.
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Constitutional jurisdiction — Supreme Court sitting as court of first instance — power to review own decisions (adoption of Order 39) — limited grounds for review (clerical error, accidental slip, failure to express intention, newly discovered material evidence) — admissibility of character/propensity evidence — subpoena duces tecum — exclusion of witness evidence.
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27 May 1997 |
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Whether the Supreme Court can review its own rulings in original jurisdiction and whether peripheral evidence is relevant in a presidential petition.
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Constitutional jurisdiction — Supreme Court’s power to review its own rulings when sitting in original jurisdiction; relevance of academic records and evidence of trade-union constitution amendments in presidential election petitions; application of Order 39 review grounds and Thynne exceptions.
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27 May 1997 |
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Damages for mental distress and inconvenience are recoverable for wrongful refusal to employ; transport costs may be estimated on meagre evidence.
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Damages — breach of employment contract — award for inconvenience and mental torture recoverable; transport/upkeep may be estimated on meagre evidence; advocate-sworn affidavits in contentious matters undesirable
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15 May 1997 |
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A High Court cannot stay execution of a final Supreme Court judgment; such stays are void.
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Judgment — Finality of Supreme Court decisions — Stay of execution — High Court lacks jurisdiction to stay execution of a final Supreme Court judgment — Proper remedy is application to full Court under Supreme Court Act and Rules
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11 May 1997 |
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A properly conducted disciplinary dismissal will not be set aside absent unfairness; statements showing an employer's decision are not hearsay.
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Employment law — unfair dismissal — disciplinary procedure under collective agreement — court’s role to assess fairness, not rehear disciplinary findings — hearsay rule: statements admissible to show they were made and considered — standard required of employers: genuine belief, reasonable grounds, reasonable investigation.
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4 May 1997 |
| April 1997 |
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Failure to prove service of hearing notice required setting aside the possession order and remitting the matter for further hearing.
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Civil procedure — Service of notice of hearing — Order 35 r.3 (proof of service required before hearing in defendant's absence); Originating summons — disposal on affidavits vs. adjournment into open court; Possession of mortgaged property — order set aside for procedural defect.
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10 April 1997 |
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Statutory electricity supplier’s regulatory powers and absence of an agreement preclude private ownership of a supplied transformer.
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Electricity law — ownership of distribution plant — whether payments for construction/connection transfer title — statutory vesting of supply and plant in public electricity supplier (s.5(a)(v)) — remedies for alleged unlawful use.
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3 April 1997 |
| March 1997 |
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Civil servant with accrued pensionable rights wrongfully terminated; court awards pension/gratuity, 12 months’ salary plus fringe benefits and MPUNDU damages.
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Public employment — accrued/vested rights — statutory amendment of terms of service — wrongful termination for breach of accrued pensionable rights — remedies: pension/gratuity, general damages, MPUNDU damages — mitigation of loss.
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27 March 1997 |
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Court refused transfer to Lusaka but ordered the untried appeal to be heard in Kitwe by another judge.
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Civil procedure — transfer of proceedings — application to transfer appeal to different registry — no good grounds for transfer; remedy where original appeal untried — rehearing by another judge in original forum.
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5 March 1997 |
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Employer remains vicariously liable for employee’s negligent driving despite employee’s false licence representation; only maize award reduced.
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Vicarious liability — employer liable for employee’s torts committed in course of employment despite employee’s fraudulent misrepresentation of qualifications; appellate restraint in reviewing trial court’s damage assessments; sufficiency of evidence for special damages; valuation of vehicle and discretionary interest
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3 March 1997 |
| February 1997 |
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Whether the appellant was a Zambian citizen and thus immune from deportation under section 26(2) of the Immigration and Deportation Act.
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Immigration and Deportation Act s.26(2) — Deportation of non-citizen — Citizenship by birth/descent — Burden and weight of oral and documentary evidence — Credibility findings and appellate review of primary facts.
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7 February 1997 |
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Where nationality is disputed, documentary registration particulars and credible local evidence can outweigh an appellant’s contrary testimony, permitting lawful deportation.
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Immigration law — Citizenship by descent — Proof of nationality — Weight of registration particulars and witness credibility — Deportation and detention under Immigration and Deportation Act s.26(2) — Presidential grant of citizenship (Citizenship Act s.13(1)).
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7 February 1997 |
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Payment in lieu of notice lawfully terminates a fixed-term employment; damages assessed by reasonable notice (six months here).
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Labour law — Termination of employment — Fixed-term contracts — Payment in lieu of notice validly terminates contract where no express termination clause; damages measured by reasonable notice (six months here) — Discrimination under s.108 not established — Statutory meeting irregularity did not render termination unlawful where pay in lieu effected termination
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2 February 1997 |
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Criminal defamation of the President under s.69 held compatible with freedom of expression and non-discriminatory.
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Constitutional law — Criminal defamation of Head of State — Validity of s.69 Penal Code vis-à-vis Article 20 (freedom of expression) and Article 23 (non-discrimination); overbreadth/vagueness, proportionality and "law" requirement
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2 February 1997 |