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Supreme Court of Zambia - 1997 March

3 judgments
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3 judgments
March 1997
Attorney General v Mwale (Appeal 79 of 96) [1997] ZMSC 35 (27 March 1997)
Civil servant with accrued pensionable rights wrongfully terminated; court awards pension/gratuity, 12 months’ salary plus fringe benefits and MPUNDU damages.
  • 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.
27 March 1997
Whiteson Silwamba v Kitwe City Council (Appeal 133 of 1996) [1997] ZMSC 1 (5 March 1997)
Court refused transfer to Lusaka but ordered the untried appeal to be heard in Kitwe by another judge.
  • 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.
5 March 1997
Industrial Gases Limited v Waraf Transport Limited & Another (Appeal 77 of 1996) [1997] ZMSC 9 (3 March 1997)
Employer remains vicariously liable for employee’s negligent driving despite employee’s false licence representation; only maize award reduced.
  • 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
3 March 1997