Results.
13 judgments found.
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| September 2002 |
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Where an employee commits a dismissible offence, procedural breaches do not invalidate dismissal or confer retirement benefits.
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Employment law — dismissal — procedural irregularity and breach of natural justice — where offence warrants dismissal, failure to follow procedure does not invalidate dismissal; entitlement to retirement benefits following dismissal
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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.
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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 payable only on amounts drawn; bank fees cannot be capitalised to attract interest.
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Banking — Overdrafts — Interest chargeable only on amounts actually utilised; legal, arrangement and administrative charges not capitalisable into interest-bearing principal — Banking and Financial Services Act (Cost of Borrowing) Reg. 2 excludes such charges from cost of borrowing
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26 September 2002 |
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Claimant must prove quantum of loss; a hire‑rate schedule and default alone did not justify full damages, only token award.
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Damages (negligence) — burden of proof for quantum — special damages must be proved by claimant — default judgment does not dispense with proof of loss — token damages where minimal corroborative 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.
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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.
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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 property and lump-sum claims in divorce proceedings survive a spouse's death; appeals from High Court chambers orders require leave.
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Civil procedure — Appeals — leave required for appeals from High Court Chambers orders; Family law — divorce ancillary relief — distinction between maintenance (may abate) and lump-sum/property claims (survive death); Married Women’s Property Act and Law Reform (Miscellaneous Provisions) Act; Order 15 Rules; Maconochie authority
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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 litigation.
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Civil procedure — Enforcement of Supreme Court orders — Process of court runs throughout Zambia — Supreme Court judgments to be executed and enforced in High Court — No running litigation in Supreme Court — Sequestration and contempt applications to be dealt with by trial judge
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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.
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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 who knew the accused can sustain conviction; accomplice liability for murder requires knowledge of lethal weapon use.
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Criminal law — Identification by a single witness who knew the accused — adequacy and reliability; Identification and inconsistencies — when minor discrepancies are not fatal; Criminal law — common purpose — requirement that accomplice foresee use of lethal weapon; Sentencing — substitution of death sentence where extenuating circumstances present
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2 September 2002 |
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Appeal allowed: Rule 5 hearing fees are discretionary and interlocutory; default judgment set aside for lack of proof of summons.
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Commercial list procedure — Order 53 Practice Direction — Rule 5 (hearing fees) — discretionary sanction; Rule 5 applies to interlocutory applications only — Rule 6 (scheduling conference) — requirement of proper service; Review under Order 39 — requires fresh material evidence; Default judgment — improper where procedural prerequisites not proved
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2 September 2002 |
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Amendments adding a statute-barred claim are disallowed unless the new claim arises from the same facts or peculiar circumstances exist.
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Civil procedure — Amendment of writ — Order 20 Rule 5 — Addition/substitution of new cause of action only if arising from same or substantially same facts; Statute-barred claims — amendments defeating limitation defence disallowed except in peculiar circumstances; Negotiations generally do not toll limitation unless there is representation or agreement to that effect
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2 September 2002 |