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Supreme Court of Zambia - 2000 July

5 judgments
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5 judgments
Citation
Judgment date
July 2000
Harja Import and Export Ltd v Zambia Revenue Authority (Appeal 48 of 1998) [2000] ZMSC 109 (18 July 2000)
Appellant cannot use slip rule to avoid statutory Tariff Court remedy under Section 204; appeal dismissed with costs.
Customs law — Section 204 (Customs and Excise Act) — statutory Tariff Court remedy for classification disputes — limits on judicial review; Civil procedure — slip rule (clerical error/accidental omission) — finality of appellate decisions — no re‑hearing absent exceptional circumstances (Pinochet distinguished); burden on appellant to prove compliance with statutory preconditions.
 18 July 2000
Bank of Zambia v Nyambe (SCZ Appeal 59 of 1997) [2000] ZMSC 157 (13 July 2000)
Whether the respondents May 1993 letter was a resignation or a valid election for redundancy; court held redundancy entitlement.
Employment law - Restructuring and redundancy - Whether communication amounted to resignation or exercise of redundancy option - Intention and factual findings - Evidence and non-response to letters as evidentiary weight - Remedies: redundancy pay, interest and costs.
 13 July 2000
Kawabwa Tea Company Limited v Musonda & 15 Others (Appeal 129 of 1999) [2000] ZMSC 87 (12 July 2000)
12 July 2000
Gideon Habenge and Anor v People (SCZ Appeal 172 of 1998) [2000] ZMSC 127 (11 July 2000)
Appeal dismissed; eyewitness evidence and trial judge’s credibility findings upheld, convictions and sentences affirmed.
Criminal law – murder and attempted murder – credibility of eyewitnesses – corroboration by independent witnesses – conspiracy and joint common purpose – rejection of accidental discharge, self-defence, property and provocation defences – failure to call witness does not always attract favourable inference.
 11 July 2000
Godfrey Lebi Mwamba v Post and Telecommunication Corporation Ltd (SCZ Appeal 64 of 1996) [2000] ZMSC 115 (2 July 2000)
Employer not liable for overseas study costs where sponsorship was unauthorised and employee left without authority.
Employment law – employer liability for overseas scholarship costs – requirement of managerial sanction; Administrative irregularity and unauthorised travel – effect on employer responsibility; Evidence of collusion in procurement of sponsorship; Relevance of dismissal/cessation of master-servant relationship to claims for educational expenses.
 2 July 2000