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Citation
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Judgment date
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| September 2002 |
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Proven misconduct justifying dismissal prevents procedural defects from rendering dismissal null or creating entitlement to retirement benefits.
Employment law – dismissal – procedural irregularity and natural justice – established misconduct – procedural defects do not automatically render dismissal null – entitlement to retirement benefits where dismissal is proper.
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29 September 2002 |
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A bank may charge interest only on amounts actually drawn; fees cannot be capitalised to attract interest.
Banking law – overdraft interest – interest only on amounts actually drawn; cost of borrowing regulations – arrangement, administrative and commission fees not capitalisable into interest-bearing principal.
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27 September 2002 |
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Interest on an overdraft is chargeable only on amounts actually drawn; ancillary bank charges cannot be capitalized to attract interest.
Banking — Overdrafts — Interest charged only on amounts actually utilized; unutilized facility not interest-bearing — Legal, arrangement and administrative charges cannot be capitalized to attract interest — Banking and Financial Services Act (Cost of Borrowing) Regulations (SI 179/95), Reg.2.
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26 September 2002 |
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Claimant must prove loss of business; a hire-rate schedule alone is insufficient, so only token damages awarded.
Damages – negligence – burden of proof for quantum – special damages must be proved – mere hire-rate schedule insufficient to prove loss of business – token award appropriate where minimal evidence exists.
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26 September 2002 |
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A termination letter deeming the contract “matured” does not entitle the employee to unserved‑term pay; damages limited to contractual notice.
Employment law – Contract termination – Effect of phrase “deemed as having matured” – Measure of damages for premature termination limited to contractual notice or salary in lieu – No entitlement to full unserved term where contract prescribes notice remedy.
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13 September 2002 |
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Treating a fixed-term contract as "deemed matured" terminates it; damages confined to contractual notice, not full unserved term.
Contract termination — interpretation of "deemed as having matured" — fixed-term employment — measure of damages limited to contractual notice/payment in lieu — full unserved term not automatically payable.
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13 September 2002 |
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Ancillary relief in divorce may survive the respondent’s death; appeals from High Court Chambers orders require leave.
Civil procedure – Appeals from High Court in Chambers – leave required (Supreme Court Act s.24(1)); Family law – Ancillary relief in divorce – survivability on death of party; Distinction between periodic maintenance and lump-sum/property adjustment; Rules of Supreme Court Order 15/7/10; Married Women’s Property Act 1882; Law Reform (Miscellaneous Provisions) Act s.2(1).
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11 September 2002 |
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Supreme Court orders must be enforced in the High Court; the Supreme Court does not conduct running enforcement proceedings.
Civil procedure – Enforcement of Supreme Court orders – s.9 Supreme Court of Zambia Act – Supreme Court judgments executed in High Court – no running litigation in Supreme Court – sequestration and contempt applications.
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8 September 2002 |
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Appeal dismissed for raising factual issues only; employee entitled to salary equalization and recalculated redundancy; interest adjusted.
Employment law – equal pay for equal work – disparity following termination of secondment – entitlement to salary equalization and recalculation of redundancy; Appeals from Industrial Relations Court – jurisdiction under section 97 requires point of law or mixed law and fact; Post‑judgment interest – adjusted to Bank of Zambia lending rate.
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3 September 2002 |
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3 September 2002 |
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Single eyewitness identification can sustain murder conviction, but lack of shared intent precludes murder for a co-assailant.
Identification – single eyewitness who knew the accused prior can suffice; Identification – inconsistencies not necessarily fatal. Criminal law – common purpose; absence of shared intent to use a weapon precludes murder
Sentencing – death sentence set aside where extenuating circumstances warrant imprisonment
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2 September 2002 |
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Whether Order 53 Rule 5 mandates hearing-fee payment and justified entry of default judgment against the applicant.
Commercial list — Order 53 (Practice Direction) — Rule 5 (hearing fee) and Rule 6 (scheduling conference/notice) — scope limited to interlocutory applications — Order 39 review requires fresh evidence — entry of default judgment.
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2 September 2002 |
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Court disallowed post‑limitation amendment introducing a distinct wrongful‑dismissal claim; negotiations did not toll limitation.
Civil procedure – Amendment of pleadings under Order 20 Rule 5 – Addition/substitution of causes of action allowed only if arising from same or substantially same facts – Statute‑barred causes cannot be introduced by amendment save in peculiar or exceptional circumstances – Negotiations do not ordinarily toll limitation period.
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2 September 2002 |