Results.
108 judgments found.
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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.
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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.
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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.
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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.
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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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Acceptance of a council’s offer to sell (deposit paid) converts landlord–tenant into vendor–purchaser; sale governed by the offer’s terms.
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Property law — Offer to purchase municipal house — Effect of payment of deposit — Whether tenancy conditions and Rent Act continue to apply after acceptance of offer — Vendor–purchaser relationship superseding landlord–tenant relationship — Rescission and specific performance
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27 December 2001 |
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An accepted offer to purchase supersedes tenancy; sale creates vendor‑purchaser relationship and can only be rescinded for breach.
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Land law — Offer to purchase superseding tenancy — Effect of payment of deposit — Vendor–purchaser relationship arising on acceptance — Subletting and applicability of tenancy conditions — Rescission only for breach of sale terms — Specific performance
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27 December 2001 |
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Whether a Lands Tribunal could order specific performance and allow a non‑Zambian civil servant to buy a government pool house under a policy empowering Zambians.
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Land law — Sale of government pool houses — Civil Service Home Ownership Scheme — Eligibility restricted to Zambian nationals by Cabinet circulars — Lands Tribunal jurisdiction limited to land disputes under the Lands Act — Specific performance against the State prohibited by State Proceedings Act s.16(1)
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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.
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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.
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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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Bank may recover fraudulently credited interest where evidence shows customers did not innocently rely on mistaken credits.
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Banking law — fraudulent crediting of interest by bank employees — recovery of overpayments — distinction between mistake and fraud; change-of-position/estoppel defence; necessity of evidence to support factual findings
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12 December 2001 |
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A purchaser may recover funds paid despite a regulatory breach unless both parties shared knowledge or intent of illegality.
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Contract — Illegality — Application of ex turpi causa where both parties aware of illegality — Regulatory circular limiting bureau de change transactions — Recovery of money paid where purchaser unaware of directive — Employee acting in course of employment binds employer
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12 December 2001 |
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Remaining judges may deliver a majority judgment after a colleague’s death unless the surviving judges are evenly divided.
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Civil procedure — Effect of a judge’s death before judgment — Majority rulings by remaining judges — Rehearing required only if remaining judges are evenly divided — Supreme Court Act s.3(2)
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12 December 2001 |
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An existing hotel must obtain a separate licence to operate a discotheque under the Tourism Act.
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Administrative law — Licensing — Tourism Act (ss.2, 13, 22) — Definition of tourist enterprises includes discotheques — Whether existing hotels exempt from separate disco licences — Discotheque not integral to hotel management — Grace period for existing tourist enterprises
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12 December 2001 |
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A central bank directive limiting exchange transactions did not make the whole sale illegal; purchaser could recover his money.
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Contract/Restitution — Illegality — Bank of Zambia circular limiting bureau de change transactions to US$5,000 — whether circular renders whole transaction illegal — ex turpi causa non oritur actio inapplicable where parties not both aware or intending illegality — unjust enrichment prevented
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12 December 2001 |
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An electricity supplier is not strictly liable for equipment damage from power fluctuations; consumers must take protective precautions.
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Tort — negligence — electricity supplier’s duty — supplier not an insurer; duty co‑extensive with consumer’s duty to protect equipment; strict liability (Rylands) inapplicable; appellate restraint on findings of fact
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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.
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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.
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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.
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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 may buy land but require presidential written consent.
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Land law — Lands Tribunal jurisdiction — Certificate of title cancellation — Presidential consent for non‑Zambian land acquisition — Eligibility under Handbook on Civil Service House Ownership Scheme
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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A principal appointed agent while the bank was solvent remains bound by the agent’s debiting of third‑party accounts; remedy lies against the agent.
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Agency — statutory appointment under section 84 Income Tax Act — agent’s insolvency — unpaid manager’s cheque — principal’s liability for agent’s acts — remedy against agent for failure to remit — indemnity under s84(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.
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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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Agent named in recitals was nevertheless personally liable where contract parties and payment clause made the agent the contracting party.
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Contract — agency: agent’s liability where principal named; recitals versus operative contract terms; interpretation of written agreement; agreed facts and treatment of 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 overruled a technical objection, substituted 10% interest for an 18% dollar award, and ordered Kwacha payment converted at K2,675.05/USD for set‑off.
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Civil procedure — preliminary objection — omission of leave order from record not fatal where order exists; Interest — appropriate rate for dollar‑denominated judgment; cannot apply Kwacha lending rates to US dollar debt; payment into court in Kwacha to be converted at rate on payment out and set off
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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.
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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.
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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.
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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 |