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Citation
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Judgment date
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| October 2000 |
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Appellant admitted the debt, failed agreed instalments, and having slept on rights, cannot avoid enforcement; appeal dismissed.
Civil law – Judgment under Order XIII – application to set aside and interlocutory stays – agreed instalment payments and failure to comply – delay/sleeping on rights and finality of litigation.
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31 October 2000 |
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Rule 78 is limited to correcting clerical slips and cannot be used to re-hear or reopen an appeal.
Civil procedure – Rule 78 Supreme Court Rules – correction of clerical errors versus substantive re-hearing – jurisdiction to reopen or review the Court’s own judgment – finality of litigation.
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28 October 2000 |
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Ex parte appointment of a receiver requires prompt inter partes hearing; appeal allowed and matter remitted.
Commercial law – recovery of debt – appointment of receiver – ex parte v. inter partes procedure – Order 30 Rule 1 – procedural fairness and right to be heard – conversion of stay application into inter partes hearing is misdirection.
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25 October 2000 |
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Where material facts and essential documents are disputed, a court must order a trial rather than decide on written submissions.
Employment law — termination/early retirement — redundancy versus pension scheme entitlements — ZIMCO corporate terms v LASF — procedural requirement to order trial where material facts and documents are disputed.
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18 October 2000 |
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Outsider may rely on company representative’s authority; wrongful termination damages limited to contractual notice period, not full term.
Company law – ostensible authority of company representative; Employment law – employer’s repudiation and non‑consensual substitution of contract; Contract damages – liquidated damages vs penalty; assessment on contractual notice period.
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17 October 2000 |
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Appeal dismissed; convictions for aiding escape and theft by public servant upheld due to inconsistent defence and overwhelming evidence.
Criminal law – aiding escape from lawful custody – credibility of accused – theft by public servant – possession and disposal of exhibits – evaluation of conflicting testimony.
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17 October 2000 |
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Belief in witchcraft can be an extenuating circumstance; village committees are not 'persons in authority' under Judges' Rules.
Criminal law – causation and medical evidence in homicide; Judges' Rules – inapplicability to village committees/headmen; admissibility of confessions; witchcraft belief as extenuation at sentencing; forensic analyst evidence (malathion) in poisoning.
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16 October 2000 |
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Pre-judgment interest follows Anderson principle; mitigation period irrelevant; 20% pre-judgment, 6% post-judgment.
Interest on judgment — Pre-judgment interest rate and period — Bank of Zambia v Caroline Anderson applied — Mitigation period for repair irrelevant to interest calculation — Post-judgment interest 6% preserved.
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13 October 2000 |
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Pre-judgment interest should follow established principles; mitigation period does not limit pre-judgment interest.
Civil procedure – Award of interest on damages for loss of use – Appropriate pre-judgment interest rate – Mitigation period irrelevant to interest calculation – Application of Bank of Zambia v Caroline Anderson.
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12 October 2000 |
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Damages for a destroyed vehicle are assessed at value on date of loss; claimant must prove write-off and mitigate.
Civil damages — loss of chattel — measure is market value at date of loss — post-loss quotations irrelevant — claimant must prove write-off — duty to mitigate — failure to mitigate reduces award; interest and costs.
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6 October 2000 |
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Damages for an aged write-off vehicle must reflect repairability, salvageable parts, and the claimant's duty to mitigate.
Civil procedure – assessment of damages for motor vehicle write-off – meaning of 'beyond economic repair' – duty to mitigate – consideration of salvage value and vehicle age in quantification of loss.
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5 October 2000 |
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Internal publications accusing the respondent of theft were unjustified; liability upheld but damages reduced on appeal.
Defamation (libel) – justification (truth) defence – burden on defendant to prove allegations; internal circulars and memoranda as publications; qualified privilege not pleaded; quantum of damages; conduct short of theft may be reprehensible but not necessarily dishonest.
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4 October 2000 |
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Appeal dismissed: eyewitness identification and post‑mortem report upheld; inconsistencies and non‑production of firearm not fatal.
Criminal law – Identification evidence and identification parades – Allegation of staged parade; reliability of eyewitness identification in daylight. Criminal procedure – Section 191A admission of post mortem reports; calling the doctor to give oral evidence
Evidence – Material contradictions in dates and non‑production of exhibits (firearm) and their effect on safety of conviction
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3 October 2000 |