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Citation
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Judgment date
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| December 2001 |
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A written exculpatory letter can satisfy hearing requirements; failure to communicate absence may justify summary dismissal.
Employment law – dismissal – disciplinary hearing – written exculpatory letter as hearing – natural justice – failure to communicate absence – gross negligence – summary dismissal – procedural irregularity not prejudicial.
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28 December 2001 |
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Acceptance of a council's offer to purchase converted the tenancy into a vendor–purchaser relationship, entitling the applicant to specific performance.
Property law – council housing – offer to purchase; effect on existing tenancy; vendor–purchaser relationship; subletting; Rent Act s13(1)(g); specific performance.
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28 December 2001 |
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Appeal dismissed: trial court rightly found defendant caused collision and defamed plaintiff; travel-costs award set aside.
Road traffic accident — causation and credibility determinations; Defamation — allegation of corruption, publication and damages; Special damages — proof by quotations and foreseeability; Appellate review of factual findings.
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28 December 2001 |
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Eviction upheld where statutory notice existed and tenants failed to challenge arrears or call key witnesses.
Tenancy law — Eviction and distress — Validity of notice (letter dated 19/12/1994) — Rent arrears — Burden of proof and adverse effect of failing to call key witnesses — Act No.12 of 1994 empowering levy of distress.
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28 December 2001 |
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An accepted offer to purchase supersedes tenancy; vendor-purchaser relationship applies and subletting prohibition in tenancy no longer binds.
Property law – Offer to purchase council house – Effect of accepted offer and deposit on tenancy – Whether tenancy conditions (including prohibition on subletting) persist – Vendor–purchaser relationship superseding landlord–tenant – Specific performance.
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27 December 2001 |
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Acceptance of an offer to purchase converts landlord‑tenant status into vendor‑purchaser; sale terms, not tenancy rules, govern rescission.
Land law – Offer to purchase council house – Effect on tenancy – Acceptance by deposit converts landlord‑tenant into vendor‑purchaser relationship – Subletting without council consent – Rescission of sale and entitlement to specific performance.
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27 December 2001 |
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The tribunal lacked jurisdiction over this employment‑linked pool‑house sale; specific performance against the State is impermissible.
Land law — Sale of government pool houses; interpretation of Cabinet circular/preamble — scheme intended to empower Zambian nationals; Lands Tribunal jurisdiction — limited where dispute is essentially employment/condition of service; State Proceedings Act s.16(1) — specific performance not available against the State; Section 3 Lands Act — non‑Zambians require compliance (presidential consent).
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17 December 2001 |
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Well-lit eyewitness identification and medical evidence upheld convictions for aggravated robbery and attempted murder; appeals dismissed.
Criminal law – aggravated robbery and attempted murder – eyewitness identification – adequacy of opportunity to observe in well-lit conditions – fairness of identification parade – sufficiency of evidence despite absence of recovered stolen money or cartridge.
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16 December 2001 |
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A bank circular limiting bureau transactions did not bar the applicant’s claim for repayment; ex turpi causa was inapplicable.
Bank regulation – Bureau de change transaction limits – Illegality and ex turpi causa – Restitution of payments – Agency/vicarious liability – Regulatory circular addressed to institutions not the public – Fraud: insufficiency of evidence.
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13 December 2001 |
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Whether the bank could recover interest overpayments credited through employee fraud and whether customers could claim innocent reliance.
Banking law – Overpayment of interest – Fraud by bank employees – Change-of-position defence – Mistake versus fraud – Evidential basis for factual findings.
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12 December 2001 |
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Alleged illegality in a currency purchase did not bar recovery where the buyer lacked knowledge and title to the money remained intact.
Contract law – Illegality – ex turpi causa non oritur actio – knowledge and shared intent requirement; Bank of Zambia circular limiting bureaux de change transactions; restitution of money paid; employee acting in scope of employment.
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12 December 2001 |
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Where two judges of a three-judge panel agree, their majority judgment stands even if the third judge dies before delivery.
Civil procedure – appellate panels – effect of death of a judge after hearing but before judgment – majority of remaining judges may deliver judgment; rehearing only required if deadlock.
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12 December 2001 |
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An existing hotel must obtain a separate licence to operate a discotheque; discotheques are not integral to hotel management.
Administrative law – Licensing – Tourism Act ss.2, 13, 22 – Transitional exemption for existing hotels – Whether discotheques within hotels require separate licences – Discotheques not integral to core hotel business; analogous to separately licensed casinos and bars.
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12 December 2001 |
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A purchaser can recover money paid for a currency transaction that breached a regulatory directive absent shared illegal intent.
Banking/regulatory directive – alleged illegality under Bank of Zambia circular limiting bureau de change transactions – applicability of ex turpi causa non oritur actio – recovery of money paid under failed currency transaction – vicarious liability for cashier’s acts.
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12 December 2001 |
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An electricity supplier is not strictly liable for equipment damage from phase loss; consumers must take protective precautions.
Tort — Negligence — supplier’s duty co‑extensive with consumer’s duty; supplier not an insurer; strict liability inapplicable to electricity supply failures; appellate restraint on disturbing trial findings.
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12 December 2001 |
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Counter-offer rejected original offer so no binding sale; redundancy amendment not retrospective; hearing in defendant's absence permissible.
Contract law — offer and acceptance; counter-offer rejects original offer; court cannot impose new contractual terms. Employment law — amendment not retrospective; s.26B(3) of Employment (Amendment) Act 1997 inapplicable to pre-enactment redundancies. Civil procedure — absence of defendant; Order 35 Rule 3 permits hearing in defendant's absence; failure to attend does not automatically invalidate judgment.
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6 December 2001 |
| November 2001 |
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A money judgment alone does not confer a registrable interest to support a caveat on already-caveated land.
Lands and Deeds Registry Act — caveats — registrable interest (s76) — money judgment not a registrable interest; effect of existing caveat (s79) — Registrar’s duty not to accept entries affecting estate while caveat in force; timing of lodgement; insufficiency of evidence to prove wrongful removal of caveat.
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30 November 2001 |
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Appellant failed to show a prima facie defence to set aside default judgment; vendor entitled to rescind for non-completion and claim possession and mesne profits.
Civil procedure — Default judgment — Application to set aside — Exercise of judicial discretion — Requirement to show plausible defence on merits; Contract law — Notice to complete and failure to pay — Vendor’s right to rescind, retake possession and claim mesne profits; Evidence — Allegation of hearsay insufficient without showing prejudice; Appellate review — Interference only for misdirection or wrong principle of law.
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29 November 2001 |
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Lands Tribunal cannot cancel title; non‑Zambian permanent residents need presidential consent to buy government pool houses.
Land law – Lands Tribunal jurisdiction – cancellation of certificates of title – sale of government pool houses – eligibility under Handbook – non‑Zambian permanent resident – presidential consent required.
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28 November 2001 |
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Sale agreement supersedes tenancy; appellant entitled to specific performance; respondent could not rescind sale for tenancy breach.
Contract of sale v. tenancy – acceptance and deposit convert landlord–tenant relationship into vendor–purchaser relationship; tenancy agreement superseded; alleged unauthorised subletting cannot be relied on to rescind a subsisting sale contract; remedy: specific performance.
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22 November 2001 |
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Extension of time to lodge record denied as futile where the property had already been subject to prior proceedings and execution.
Civil procedure — Extension of time to file record of appeal — Setting aside interlocutory order — Non‑attendance at hearing — Futility/otiose relief where subject matter already subject of prior proceedings and execution.
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6 November 2001 |
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Employees retrenched in 1992 were entitled to contractual salary appraisals, pension employer contributions and repatriation allowances; full 300% increment claim failed.
Employment law – retrenchment and redundancy – contractual conditions of service – unilateral variation prohibited; salary appraisals entitlement; pension employer contributions; repatriation allowances on termination; salary increment timing and notice period.
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6 November 2001 |
| October 2001 |
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Appeal allowed due to failure to join/serve a defendant and failure to address pleaded fraud affecting title; retrial ordered.
Civil procedure – parties and service – natural justice – failure to join or serve a defendant – fraud affecting title – trial judge’s failure to consider pleaded issues – retrial ordered.
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19 October 2001 |
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Change of counsel and hearsay objections did not excuse delay; commission clause did not grant rights to other distributors' sales.
Contract law — distribution agreement; interpretation of commission clause — exclusivity vs. non-exclusive distributor; civil procedure — refusal of adjournment for late change of counsel; amendment of pleadings; admissibility of company-record-based evidence from a receiver/representative (not hearsay).
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19 October 2001 |
| September 2001 |
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Applicant entitled to gratuity of 25% of gross salary for entire service period; "salary" for long service bonus means basic pay.
Employment contract interpretation – gratuity versus long service bonus – whether gratuity is annual or per year of service; contractual distinction between "salary" and "gross salary" – meaning of "salary" for long service bonus; computation of contractual benefits.
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27 September 2001 |
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The appellant remains liable where its appointed agent collected taxpayer funds despite the agent’s later insolvency.
Agency law – statutory appointment under Section 84 Income Tax Act – agent’s acts binding principal – effect of agent insolvency – indemnity under s84(2) – unpaid manager’s cheque and debited client accounts.
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27 September 2001 |
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An agent’s collection and debits bind the principal; agent insolvency does not absolve principal from consequences of agent’s conduct.
Agency law – appointment under s.84 Income Tax Act – agent’s collection of taxpayer funds – agent insolvency/liquidation – effect on principal’s liability – unpaid manager’s cheque – indemnity under s.84(2).
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23 September 2001 |
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Whether a charge registered post-receivership secures a loan and confers preferential creditor status under the Banking Act.
Banking and Financial Services Act — receivership — validity and ranking of charge registered during receivership (s98) — duty to prepare inventory (s97) — enforcement and order of preference (s99, s107) — tracing of loan funds — unjust enrichment.
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21 September 2001 |
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An agent who signs and contracts in its own name remains personally liable despite recitals naming a principal.
Contract law – Agency – Agent contracting in own name remains personally liable unless liability is negated; recitals insufficient to make third party principal; interpretation of payment clause; agreed facts and separate third-party proceedings.
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18 September 2001 |
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Whether 1993 ZIMCO Conditions applied and whether a 20% discount could be imposed without employees' consent.
Employment law – Conditions of Service – Applicability of ZIMCO 1993 Conditions to subsidiary employees – Incorporation of allowances into basic pay – Unilateral reduction of terminal benefits – employee consent required for less favourable terms.
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12 September 2001 |
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A fixed‑term tenancy renewable only by mutual consent falls outside Act protection, so no entitlement to a new tenancy.
Landlord and Tenant (Business Premises) Act, Cap 193 – s.9 (future fixed‑term tenancy) – exclusion from Act’s protection – s.4(1) (application for new tenancy) – fixed two‑year term renewable only by mutual consent – not a protected tenancy.
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12 September 2001 |
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Appellant entitled to retrenchment package under the managing director's circular and corrigendum; later circular could not reduce benefits retrospectively.
Employment law – retrenchment packages – interpretation of circulars and corrigendum – retrospective effect – variation of conditions of service – entitlement to enhanced formula; award of difference, interest and costs.
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12 September 2001 |
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Court found inordinate delay but accepted genuine organisational confusion as an explanation for some delay.
Civil procedure – application to set aside dismissal for want of prosecution – inordinate delay in lodging record of appeal – responsibility of legal representatives – excusable delay due to organisational confusion.
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12 September 2001 |
| August 2001 |
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Whether employer’s post-reinstatement conduct amounted to constructive dismissal and whether secondment without consent breached Employment Act.
Employment law — Constructive dismissal — Reinstatement where former post abolished — Secondment versus transfer of service — Section 35 Employment Act — Appellate restraint on findings of fact and credibility.
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16 August 2001 |
| July 2001 |
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Appeal abandoned; summary judgment stands and six percent per annum interest on the loan is confirmed.
Civil procedure — Summary judgment (Order 30) — Review of summary judgment — Points not raised at summary judgment stage — Abandonment of appeal — Interest on judgment (6% per annum).
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21 July 2001 |
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Court may join a party after judgment under inherent jurisdiction and section 13 to avoid multiplicity of actions.
Joinder of parties – Post-judgment joinder – Order 14 Rule 5(1) High Court Act – Section 13 High Court Act – Inherent jurisdiction to avoid multiplicity of actions
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19 July 2001 |
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Full Court reinstated appeal and extended time due to conflicting proceedings and counsel’s procedural abuse.
Civil procedure – single-judge orders – Section 4(1)(b) Supreme Court Act and Rule 48(4) – effect and reopening of “unless” dismissal for want of prosecution – concurrent proceedings (appeal and High Court review) – abuse of process and procedural irregularity – reinstatement of appeal and extension of time.
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5 July 2001 |
| June 2001 |
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Police liable for negligent shooting where officers failed to give adequate warning or mount a proper roadblock; appeal dismissed.
Tort — State liability for police shooting; negligence for failure to give adequate warning or mount proper roadblock; credibility of witnesses and appellate restraint on disturbing factual findings; Fatal Accidents Act claim.
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27 June 2001 |
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Appeal dismissed: trial findings that the applicant’s employee committed fraud and respondent not liable were upheld.
Civil evidence — credibility and findings of fact — appellate interference limited by Nkhata criteria; theft by employee and weight of documentary evidence; validity/weight of written admission; counter-claim based on admitted receipts and refunds.
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27 June 2001 |
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Employee wrongfully retired early but entitled only to ADS7 benefits calculated as at 31 December 1991.
Employment law – wrongful early retirement – collective agreements and applicable conditions of service – entitlement to promoted scale where no promotion occurred – interpretation of effective date for calculating terminal benefits – appeals on findings of fact (s.97 Industrial and Labour Relations Act).
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27 June 2001 |
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An employer cannot rely on contractual notice to conceal bad-faith terminations; Industrial Relations Court may award substantial compensation.
Employment law – unfair dismissal – restructuring and retrenchment – sham termination – contractual notice clauses – Industrial Relations Court may look behind notice to ascertain true reason – substantial justice and compensation for wrongful termination.
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27 June 2001 |
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Termination on notice was unlawful where employees cleared of allegations were dismissed without reasons or hearing; compensation upheld.
Employment law – unlawful dismissal – delving behind contractual notice – section 85(4) Industrial and Labour Relations Act – natural justice – compensation for wrongful termination – reinstatement discretionary.
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27 June 2001 |
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Appeal allowed: trial court wrongly revoked receiver, failed to decide counter-claim, and erred in ordering specific performance and manager appointment.
Companies Act s109 – Gazette publication of receiver appointment (Registrar's duty) – Effectiveness of receiver's appointment on acceptance – Jurisdictional use of originating summons in contentious matters – Specific performance to appoint manager – Counter-claim for repayment and damages.
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27 June 2001 |
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Whether a mortgagee bank was liable to pay estate-agent commission absent any agreement — appeal dismissed.
Agency – estate agent appointment – whether agency can be inferred from conduct; Contract – commission agreement – absence of agreement by mortgagee bank; Quantum meruit – when claim lies against third party holding sale proceeds.
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26 June 2001 |
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The slip rule cannot be used to reopen a final judgment; fraud allegations require a fresh original action.
Civil procedure — Slip rule (clerical correction) — limited to accidental slips or omissions; cannot be used to re-open or alter final judgments on merits. Finality of judgments — no rehearing or stay of execution once judgment entered. Fraud alleged to have procured a judgment — remedy is a fresh original action to set aside the judgment (Flower v Lloyd).
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26 June 2001 |
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Appeal dismissed: employer complied with disciplinary procedures and rules of natural justice; no evidence of coercion or misleading.
Employment law – Disciplinary procedure – Compliance with collective agreement and natural justice – Allegations of coercion and misleading by union officials – Burden of proof on challenge to disciplinary findings.
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26 June 2001 |
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Court reduced an 18% interest on a US dollar judgment to 10% and ordered conversion at the payment-out exchange rate.
Civil procedure – preliminary objection – omission from record of appeal – technical omission not fatal if leave order in fact exists; Interest – appropriate rate for dollar-denominated judgment where none specified – appellate substitution of reasonable rate; Currency conversion – funds paid into court in Kwacha to be converted at exchange rate on payment out; Exchange-rate risk – liability determined by timing of payment out.
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25 June 2001 |
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Commissioner's discretionary allocation of land was not procedurally improper or Wednesbury-unreasonable; appeal dismissed.
Administrative law — Judicial review — Procedural impropriety; Irrationality/Wednesbury unreasonableness; District council recommendations advisory; Discretion of Commissioner of Lands.
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7 June 2001 |
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Court reduced an excessive 25-year manslaughter sentence to 5 years, giving credit for a guilty plea and youth.
Criminal law - Manslaughter - Sentencing - Credit for guilty plea and remorse - Excessive sentence - Use of lethal weapon in drunken quarrel - Young offender.
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5 June 2001 |
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Appeal partially allowed: credibility findings upheld, but awarded commissions reduced to amounts proven by evidence.
Agency and privity – finder’s fee and transport commission – quantum must be proved; appellate review of credibility findings – reluctance to disturb trial judge absent serious error; award varied to amounts supported by evidence.
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5 June 2001 |