Supreme Court of Zambia - 2000 May

6 judgments
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Results. 6 judgments found.

6 judgments
May 2000
Unilateral adverse change to redundancy terms without consent terminates employment and preserves prior separation benefits.
  • Employment law — unilateral adverse variation of employment terms — redundancy benefits — whether treated as fundamental term — effect of privatization on employer obligations — consent and acquiescence
31 May 2000
Appeal dismissed: summary dismissal for dishonesty upheld; Supreme Court cannot entertain pure factual appeals under section 97.
  • Employment law — summary dismissal for dishonesty; discrimination — differential sanctions justified where offences differ; appellate jurisdiction — s.97 limits appeals to points of law or mixed law and fact.
16 May 2000
An unqualified shareholder directive to merge allowances is binding; directors cannot qualify it and inability to pay is no defence.
  • Company law — Shareholder supremacy — Unqualified shareholder directive to merge allowances into salary binds holding company and subsidiaries; directors/managers cannot qualify shareholder decisions; inability to pay not a defence to entitlement; court may order staged payment scheme in public interest
15 May 2000
Appeal dismissed where defendants failed to enter appearance and unreasonably delayed prosecution, justifying the default judgment.
  • Civil procedure — default judgment — failure to enter appearance — unreasonable delay and ‘‘sleeping on rights’’ — application to set aside refused; Fatal Accidents Act claim.
9 May 2000
Interlocutory injunction improperly granted as it conflicted with statutory banking liquidation procedures; appeal allowed, injunction discharged.
  • Banking law — compulsory liquidation under Banking and Financial Services Act — interlocutory injunction — conflict with special statutory liquidation procedure — Companies Act s.399 — principles for granting interlocutory injunctions — limits on injunctive relief against the State.
9 May 2000
Master of the Supreme Court lacked jurisdiction to tax High Court costs; the allocatur was set aside.
  • Civil Procedure — Taxation of Costs — Jurisdiction to tax costs incurred in another court — Master of the Supreme Court not a Taxing Officer for High Court costs — High Court Rules Order 40; Supreme Court Act Order 15
2 May 2000