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Citation
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Judgment date
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| June 2000 |
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Statutory immunity shields sheriffs; estoppel cannot defeat statutory protections or transfer execution liability to the State.
Civil procedure – Sheriffs Act s.14 – statutory immunity of sheriff and officers – execution taken on demand of party issuing process – liability of judgment creditor for irregular execution – estoppel cannot be set up against a statute.
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29 June 2000 |
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Employer liable to pay contractual retirement benefits where retirement notices were based on mistake and pension rules differed.
Employment law – Retirement and pension – Conflict between collective agreement retirement provisions and pension fund rules – Employer’s liability for promised contractual retirement benefits – Wrongful retirement based on mistake of fact – Measure of damages – Repatriation benefits – Statutory Instrument No.99 of 1994.
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20 June 2000 |
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An irrevocable pension option incorporated into conditions of service cannot be abrogated by a later statute absent express provision; applicant entitled to damages.
Employment law – conditions of service – irrevocable pension option – accrued rights – statutory amendment not to affect rights acquired unless express abrogation; Interpretation and General Provisions Act protection of accrued rights; damages for wrongful termination usually range up to two years’ salary.
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12 June 2000 |
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Appeals from the Industrial Relations Court must raise a point of law or mixed law and fact; findings of fact alone are not appealable.
Industrial and Labour Relations Act s97 – Appeals to Supreme Court limited to points of law or mixed law and fact – Findings of fact by Industrial Relations Court not appealable in absence of legal issue – Alleged union-related discrimination raising factual findings only.
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7 June 2000 |
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An appointment conditional on board ratification does not create a binding employment contract absent ratification.
Administrative law – Conditional appointment – Letter stating appointment "pending reconstitution of the Board" – Requirement of board ratification before contract arises; Contract law – formation of contract of service – condition precedent; Judicial review – remedies where no valid appointment; Contempt – improper correspondence disparaging bench.
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7 June 2000 |
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An appeal from a High Court appellate decision cannot proceed without statutory leave; the premature appeal was struck out.
Appeal procedure – Leave to appeal required from High Court judge or, if refused, from Supreme Court – No inherent jurisdiction to bypass statutory leave – Premature appeal struck out – Costs awarded.
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7 June 2000 |
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Appellate court reduced a 12-year manslaughter sentence to six years, giving credit for guilty plea and first-offender status.
Criminal law – Sentencing – Manslaughter – Whether sentence excessive – Credit for guilty plea and for first-offender status – Appellate interference with sentence; domestic violence not condoned.
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6 June 2000 |
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A conditional appointment requiring board ratification does not create a contract where the board was never constituted and did not ratify.
Contract law – validity of appointment letters – condition precedent of board reconstitution and ratification – no constituted board, no ratification, no contract of employment.
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6 June 2000 |
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Intoxication did not negate intent; appeal against murder conviction and mandatory sentence dismissed.
Criminal law – Murder by arson – Intoxication and mens rea – Child eyewitness testimony – Mandatory sentence for murder.
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6 June 2000 |
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A parent and its wholly owned subsidiary were treated as one economic entity, validating subsidiary employees’ house‑sale claims; appeal dismissed.
Company law – corporate veil – parent and wholly owned subsidiary treated as one economic entity; Employment law – entitlement of sitting tenants to purchase parastatal houses; Findings of fact – appellate interference limited to points of law or mixed law and fact; Remedy – enforcement and alternative relief to be considered by trial court.
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6 June 2000 |
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Appeal allowed: trial court's finding of unfair retrenchment was unreasonable and unsupported by the evidence.
Industrial relations – retrenchment – unfair dismissal – reinstatement – appellate review of findings of fact as questions of law where findings are unsupported or unreasonable – misapprehension of evidence.
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6 June 2000 |
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A court cannot order division of matrimonial property while the marriage still subsists, even if spouses are separated.
Family law – Matrimonial property – Married Women’s Property Act 1882 s.17 – Applicability when no dispute as to title – Customary law marriage – Division of matrimonial property during subsistence of marriage not competent.
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5 June 2000 |
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Appeal allowed and costs awarded because the case was identical to a recently decided appeal whose reasoning was adopted.
Civil appeal – reliance on precedent where issues are identical – court adopts reasoning in earlier decision (Choka v Chilufya) – appeal allowed with costs.
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5 June 2000 |
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A share sale does not itself terminate employment; unilateral unacceptable changes may constitute repudiation entitling employees to terminal benefits.
Company law – Change of shareholders does not create a new employer; corporate entity remains bound by existing employment contracts. Employment law – Unilateral unacceptable variation of essential terms may constitute repudiation and entitle employees to terminal benefits. Quia timet relief – Preventive declarations based on apprehension of future breach are premature absent an actual terminating event.
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5 June 2000 |
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Council adoption of salary recommendations does not itself conclude a collective agreement; a formal agreement with the union is required.
Administrative law / labour law – University Act s.40 – Salaries and Conditions of Service Committee – Whether Council adoption of committee recommendations constitutes a concluded agreement with an appropriate union or association – Requirement of bilateral/concluded agreement; role of government funding in implementation.
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1 June 2000 |