|
Citation
|
Judgment date
|
| December 2000 |
|
|
An unpaid seller’s lien is limited to the unpaid price; detention of fully-paid goods is wrongful and costs should reflect the parties’ relative successes.
Sale of Goods Act – unpaid seller’s lien – limited to unpaid price – cannot cover storage, usurious interest or resale loss – wrongful detention of fully-paid goods; discretion to award interest absent express agreement; costs follow event — parties to bear own costs where each succeeds to differing extents.
|
31 December 2000 |
|
Court held regular allowances are not part of "basic salary" for calculating redundancy pay; only notice-period allowances awarded.
Employment law – redundancy pay – meaning of "basic salary"/"basic pay" – regular allowances (hardship, housing, transport, education, canteen) excluded from basic salary by contract and conditions of service – entitlement limited to notice-period allowances.
|
28 December 2000 |
|
|
28 December 2000 |
|
Conflicting affidavits in originating summons require oral evidence; High Court order quashed and matter remitted.
Rent Act – originating summons – where affidavits materially conflict court must adjourn into open court for viva voce evidence – necessity to give reasons for conclusions – remittal for rehearing.
|
14 December 2000 |
|
Dismissal for misappropriation upheld despite citation error; evidence and procedures found sufficient, appeal dismissed with costs.
Employment law — dismissal for misappropriation — disciplinary provisions Clauses 20:1-15 vs 20:1-18 — Disciplinary Code Sections 8 & 10 — recovery from terminal benefits — proof on balance of probabilities — natural justice observed.
|
14 December 2000 |
|
Where affidavits conflict on tenancy occupancy, the court must order viva voce evidence; High Court order quashed and remitted.
Rent Act – originating summons – tenancy and repossession – conflicting affidavits on occupation – necessity to adjourn for viva voce evidence or summary hearing – duty to give reasons – judgment quashed and matter remitted for de novo hearing.
|
13 December 2000 |
|
An employer lawfully dismissed a cashier for misappropriation and validly deducted the sums from his terminal benefits.
Employment law – dismissal for misappropriation – disciplinary code application – recovery from terminal benefits – balance of probabilities – master/servant termination – natural justice observed.
|
13 December 2000 |
|
|
12 December 2000 |
|
|
11 December 2000 |
|
Respondent’s repeated application of 'love portions' after protest satisfied unreasonable behaviour on balance of probabilities, allowing divorce.
Matrimonial Causes Act s.1(2)(b) – unreasonable behaviour – standard of proof is balance of probabilities – application of love portions may render cohabitation unreasonable – appellate intervention for misdirection on facts and law.
|
5 December 2000 |
|
A genuine belief in witchcraft may be an extenuating factor reducing a murder death sentence to imprisonment.
Criminal law – Murder – Sentencing – Extenuating circumstances – Genuine belief in witchcraft – Trial court misdirection – Reduction of death sentence to long-term imprisonment – Medical evidence for mitigation.
|
5 December 2000 |
|
Court reduced concurrent 20-year manslaughter sentences to 15 years for failure to give plea credit and consider youth.
Sentencing appeal – manslaughter – failure to give credit for plea – youth and mitigation not adequately considered – inappropriate reasoning treating offence as between murder and manslaughter – excessive sentence.
|
5 December 2000 |
|
Where the appellant permanently left the matrimonial home, the administrator properly treated the house as distributable to minors.
Succession — intestate administration — matrimonial home and minority interest — widow's occupation rights where divorce pending — administrator's duty to act in best interests of minor children — distribution of estate.
|
5 December 2000 |
|
Dismissal for drunkenness and misuse of company property upheld where prior similar misconduct and lack of explanation justified discipline.
Employment law – dismissal for misconduct (drunk on duty; misuse of company property) – natural justice (opportunity to be heard) – relevance of prior misconduct – appellate review of findings of fact.
|
5 December 2000 |
|
Court allowed appeal, enlarging post-divorce property/maintenance relief, applying customary law and equity, and nullifying evasive transfers.
Family law – divorce – property adjustment and maintenance – application of Ushi customary law alongside English-derived matrimonial provisions – equity and repugnancy clause – transfers to company to defeat spouse’s claim – appellate intervention where findings lack evidential support.
|
4 December 2000 |
|
Dismissal for drunkenness on duty and misuse of company property upheld; no breach of natural justice found.
Labour law - dismissal for being drunk on duty and misuse of company property - natural justice (opportunity to exculpate) - relevance of prior misconduct - appealability of findings of fact.
|
4 December 2000 |
|
Applicant's allegation of persistent occult practices held to constitute unreasonable behaviour causing irretrievable breakdown.
Domestic relations — Divorce — Unreasonable behaviour — Use of love portions/occult remedies introduced into spouse's food — Whether conduct renders cohabitation unreasonable and causes irretrievable breakdown.
|
4 December 2000 |
| November 2000 |
|
|
Whether the respondent could recover foreign‑currency debt for FX purchased but unremitted, despite Paris Club and enforcement arguments.
Commercial law – foreign exchange – purchase of FX and ‘pipeline’ unremitted funds – whether obligation was kwacha‑denominated or an acknowledged foreign‑currency debt – effect of debt‑rescheduling/Paris Club arrangements on enforceability of creditor’s claim.
|
30 November 2000 |
|
Unilateral reduction of salary without consent terminates employment; terminal benefits calculated on the increased salary.
Employment law – unilateral reduction of salary – variation of fundamental term without consent terminates contract – employee deemed redundant or on early retirement – terminal benefits computed on pre-variation (increased) salary.
|
23 November 2000 |
|
Failure to inspect disputed land and hear surveyor/Council evidence warranted quashing of the tribunal’s orders and a retrial.
Civil procedure – appellate review – necessity of locus inspection and expert/official evidence in land dispute where survey and numbering of plots contested; allocation by political committee and locus standi; quashing and remitting for rehearing.
|
14 November 2000 |
|
A revisionary order prejudicing an accused is invalid unless the accused has had an opportunity to make written representations under Section 338(2).
Criminal procedure — Revision under Section 338 CPC — Requirement to afford accused opportunity to make written representations before making any prejudicial order; Evidence — Identification and recovery of stolen property supporting conviction for theft from the person and five-year sentence.
|
7 November 2000 |
|
Appellate court upheld conviction where trial judge reasonably rejected the accused's explanation for possession of a recently stolen bicycle.
Criminal law — Theft from the person — Recent possession of stolen property — Accused's explanation of purchase at market — Credibility assessment — Appellate review of factual findings (perverse/no evidence/misapprehension test).
|
7 November 2000 |
|
Appellate court reduced a 15-year murder sentence to 10 years due to mitigating factors and backdated it to the arrest date.
Criminal law – Murder – Sentence – Appellate interference – Reduction of excessive sentence – Mitigation: first offender, no weapon, remorse – Backdating sentence to date of arrest.
|
7 November 2000 |
|
The appellant, a non‑Zambian, acquired co‑ownership before 1 April 1985 and is entitled to registration and equal share of rentals.
Land law – ownership by non‑Zambians – effect of Land (Conversion of Titles) (Amendment) Act 1985 s13A(1) – protection of pre‑existing interests – rectification of title; co‑ownership as tenants in common; accounting for rents.
|
2 November 2000 |
|
Wrongful freezing of depositor funds placed in suspense account excludes them from bank liquidation and warrants release to depositors.
Banking law – seizure and freezing of depositor funds – suspense account – exclusion from liquidation estate – priority of seized deposits – scope of s.107(1).
|
2 November 2000 |
|
A Ministry circular reserving official residences and barring officers from buying more than one council house lawfully defeated the applicant’s purchase application.
Administrative law – Ministry circular on sale of council houses – effect and immediate application; Local government – designation of official residences; Restriction on officers purchasing more than one council house; Council decisions cannot override binding parent Ministry circulars.
|
2 November 2000 |
|
Funds unlawfully seized and held in a suspense account do not form part of a bank’s liquidation estate.
Company law – Bank liquidation – Freezing/seizure of depositor’s account – Funds held in suspense account no longer part of bank’s estate – Unlawful seizure – Depositor’s status and priority – Section 107 inapplicable to excluded funds.
|
1 November 2000 |
|
The respondent lawfully refused the applicant’s house purchase because a ministerial circular barred officers buying multiple council houses.
Administrative law; municipal housing sales; ministerial circular superseding local decisions; prohibition on officers purchasing more than one council house; reservation of official residences; writ of certiorari to challenge council refusal.
|
1 November 2000 |
|
Pre‑1985 land interests of non‑Zambians preserved; registration and equal apportionment of rentals ordered.
Conveyancing – tenants in common – effect of post‑acquisition statutory restrictions on non‑Zambian ownership – saving provision preserves pre‑1985 interests.
|
1 November 2000 |
|
An applicant with an affected proprietary interest may be joined as plaintiff without written consent; agent’s affidavit suffices.
Civil procedure – Joinder of plaintiff – Order 15 Rule 6(4) RSC – written consent limited to applications by others – applicant-initiated joinder permissible – corporate agent affidavits acceptable – joinder permitted where court’s decision affects applicant’s interest even if interest acquired after commencement.
|
1 November 2000 |
| October 2000 |
|
|
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.
|
31 October 2000 |
|
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.
|
28 October 2000 |
|
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.
|
25 October 2000 |
|
|
18 October 2000 |
|
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.
|
17 October 2000 |
|
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.
|
17 October 2000 |
|
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.
|
16 October 2000 |
|
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.
|
13 October 2000 |
|
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.
|
12 October 2000 |
|
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.
|
6 October 2000 |
|
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.
|
5 October 2000 |
|
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.
|
4 October 2000 |
|
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.
|
3 October 2000 |
| September 2000 |
|
|
A caretaker’s surreptitious purchase of tenancy is fraud and may be set aside, justifying cancellation of the title.
Tenancy law – subtenancy/caretaker occupation – surreptitious transfer of tenancy – fraud in acquisition – cancellation/setting aside of title deeds – laches argument rejected.
|
24 September 2000 |
|
A notice to complete need not be in any form; specific performance denied where the respondent comes to equity with unclean hands.
Land law – Notice to complete – No prescribed form required; rescission valid where notice requires performance by a date. Civil procedure/Equity – Specific performance – barred by unclean hands where claimant’s agent procured duplicate titles by fraud. Receiver authority – vendor entitled to sell after valid rescission.
|
14 September 2000 |
|
Court allowed joinder and granted out-of-time leave to appeal, but refused security for costs for non-compliance with Order 59.
Civil procedure — Joinder of administrator — requirement to file letters of administration; Leave to appeal out of time — granted with filing directions; Preliminary objection to bench composition — withdrawn; Security for costs — refusal for non-compliance with Order 59 (promptness, cost estimate, special circumstances).
|
14 September 2000 |
|
|
12 September 2000 |
|
Appeal allowed and retrial ordered where boundary determination rested on inconclusive evidence and absent surveyor's report.
Civil procedure — Boundary dispute — Site visit impeded by flooding — Absence of surveyor’s report — Evidence inconclusive — Retrial ordered — Beacons essential to boundary determination.
|
10 September 2000 |
|
Procedural defaults and hearsay do not bar trial of triable issues; default judgment quashed and matter remitted for trial.
Civil procedure – setting aside default judgment – triable issues preferred to procedural technicalities; defective/hearsay affidavit not determinative; Intestate Succession Act – recognition of polygamous marriage – administrator appointment dispute – requires full trial.
|
7 September 2000 |
|
Appellate court declined to disturb a Deputy Registrar’s damages assessment despite limited evidentiary support.
Labour law – assessment of damages – appellate interference – evaluation of evidence and judicial discretion in awarding unpaid salary progression and distress damages.
|
7 September 2000 |