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Citation
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Judgment date
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| August 2002 |
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Assessment of libel damages: assessor must consider imputations and plaintiffs’ standing; court increased awards to K10 million each.
Defamation (libel) – assessment of damages – assessor must not re-open liability at assessment after default judgment – must consider imputations and plaintiffs’ standing – quantum of general damages – interest and costs.
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29 August 2002 |
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Non‑Zambian civil servants qualifying under Lands Act s.3 may buy government pool houses subject to Presidential consent; authorities must advise applicants accordingly.
Lands Act s.3; sale of government pool houses; eligibility of non‑Zambian civil servants; Presidential consent; duty to advise applicants; procedural fairness in allocation of state housing.
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28 August 2002 |
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Appellate court reversed reinstatement, holding dismissal for alleged forgery was justified due to trial court's misapprehension of evidence.
Employment law – Dishonest conduct/forgery of payroll documents – Reinstatement as a rare remedy – Appellate review of factual findings; misapprehension of evidence.
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28 August 2002 |
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Mutual breaches of a loan agreement (waiver by premature disbursement and borrower's failure to raise share capital) preclude specific performance; remedial accounting ordered.
Contract law – loan agreement – waiver by disbursement before condition precedent fulfilled – mutual breach – refusal of specific performance – wrongful disbursement and procurement of equipment without borrower’s consent – restitutionary/accounting remedies; costs each party to bear own costs.
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27 August 2002 |
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Whether a later union-management agreement overrides earlier collective-agreement entitlements claimed by the appellants.
Labour law — Collective agreement variation — Union representation and mandate — Retrenchment/retirement package calculations — Appealability limited by Section 97 Industrial and Labour Relations Act — Suspension of long service bonus.
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27 August 2002 |
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Supreme Court upheld K15,000,000 damages for wrongful dismissal and refused reinstatement due to workplace hostility.
Employment law – wrongful/unfair dismissal – assessment of damages where dismissal declared null and void – credibility findings – reinstatement refused because of workplace hostility – award of K15,000,000 upheld.
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27 August 2002 |
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Appeal dismissed: single eyewitness identification held reliable despite parade date confusion.
Criminal law – aggravated robbery – identification evidence – single identifying witness – R v Turnbull guidance – prior acquaintance and opportunity to observe – identification parade date inconsistency
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20 August 2002 |
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Appeal allowed where trial judge discharged interlocutory injunction without deciding substantive tenancy and rent claims; case remitted for re-hearing.
Landlord and Tenant (Business Premises) Act – application for new tenancy and rent determination – interlocutory injunction – discharge after reserved ruling – failure to decide substantive reliefs – remittal for re-hearing.
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8 August 2002 |
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Appellants' aggravated robbery convictions upheld on cumulative direct and circumstantial evidence despite limited forensic linkage.
Criminal law – Aggravated robbery – Identification evidence – Circumstantial evidence – Ballistics (weapon functionality) – Forensic gaps (no cartridge comparison/fingerprints) – Appellate review of credibility findings.
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6 August 2002 |
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No valid sale where price and area were not agreed; intending purchaser entitled to compensation for improvements.
Property — Contract for sale of land — Agreement on price and hectarage essential; absence of agreement vitiates sale
Equity — Improvements by intending purchaser — protection against unjust enrichment; entitlement to compensation despite disputed title
Evidence — alteration of contract and inconsistent documentary evidence undermine claim
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5 August 2002 |
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Appellant’s personal injury awards increased for loss of earnings, medical transport and pain and suffering; interest and costs awarded.
Personal injury — assessment of damages — loss of earnings and mitigation — proof of business takings; medical and transport expenses — admissible invoices; pain and suffering — disability percentage and quantum; interest — bank short-term deposit then lending rate; costs to successful appellant.
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2 August 2002 |
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No liability where statutes imposed no specific duty and public assurances were rescue measures, not negligent misstatements.
Banking law – Central Bank statutory duties – Banking and Financial Services Act – scope of supervisory powers; Tort — negligent misrepresentation — public assurances as rescue measures — causation and loss; Requirement of pleaded specific statutory duty; Repayment of deposits and absence of actionable injury.
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2 August 2002 |