Results.
7 judgments found.
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| 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 |