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Supreme Court of Zambia - 2002 October

3 judgments
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3 judgments
October 2002
Christopher Mokola Muwana v Attorney General (APPEAL NO. 149A of 2000) [2002] ZMSC 166 (15 October 2002)
Court increased damages for wrongful military dismissal, declared commission cancellation wrongful but declined reinstatement; awarded K22 million and high interest.
  • Administrative law — wrongful dismissal from military service — exemplary and general damages — quantum of damages for wrongful dismissal of an officer; Constitutional discretion — cancellation of commission by President — wrongful exercise where based on false reports; Remedies — damages preferred where reinstatement is impracticable; Interest — substitution of nominal rate for substantial pre-judgment interest.
15 October 2002
Muwana v Attorney General (Appeal 149 of 2000) [2002] ZMSC 162 (15 October 2002)
Wrongful dismissal of an officer attracts substantial exemplary and general damages; cancellation of commission may be remedied by damages rather than reinstatement.
  • Wrongful dismissal; exemplary and general damages for commissioned officer; cancellation of military commission by President; reinstatement v. damages; high interest on judgment; refund of security for costs.
15 October 2002
Zambia Co-operative Federation Ltd v Lungu (Appeal 185 of 2000) [2002] ZMSC 163 (15 October 2002)
Court upheld unfair dismissal finding and non-negligence but reduced damages to two years' salary with interest at short-term deposit rate.
  • Employment law — wrongful dismissal — disciplinary procedure and impartiality — negligence in accepting forged security — measure of damages for wrongful dismissal where statutory minimum-wage instrument does not apply — interest on award.
15 October 2002