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Citation
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Judgment date
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| March 2002 |
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Appeal allowed where trial court's finding of exoneration was perverse, report showed supervisory negligence.
Employment law — unfair dismissal — disciplinary dismissal for gross negligence — supervisory negligence in money order frauds — appellate intervention where trial court's factual finding is perverse or unsupported by evidence.
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5 March 2002 |
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Unexplained year-long delay justified refusal of out-of-time review; interest on claim runs from date of the writ.
Civil procedure – review out of time – inordinate delay – leave to apply for review; Interest – commencement date – interest on claim in foreign currency runs from date of writ to date of judgment (Shanzi; Bank of Zambia v Anderson).
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5 March 2002 |
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Whether summary dismissal justifies damages beyond contractual benefits to compensate distress and difficulty obtaining similar work.
Wrongful dismissal – Measure of damages – Contractual or reasonable notice as normal measure – Departure permitted for traumatic/summary dismissals – Award of non-pecuniary (Mpundu-type) damages – Excessive award of two years’ earnings reduced to six months.
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5 March 2002 |
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Employer terminated employee on extended study leave without hearing; dismissal harsh but damages not justified given employer's benefit.
Employment law – study leave and sponsorship – termination for failure to return from study leave – procedural fairness/natural justice – entitlement to recover training costs – damages for wrongful dismissal.
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5 March 2002 |
| February 2002 |
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Court reduced an inflated loss-of-business award due to unreliable projections and confirmed ancillary replacement costs.
Assessment of damages; loss-of-business projections; reliability of amended affidavits; mitigation of loss; limiting period of damages; interest on awarded damages.
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27 February 2002 |
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Judgment on admission may be entered at Scheduling Conference, but proper service and opportunity to amend defence are required for procedural fairness.
Commercial procedure – Practice Direction 2 – Defence must specifically traverse each allegation; general denials insufficient – Scheduling Conference – court may enter judgment on admission at Scheduling Conference without separate motion – service of notice and procedural fairness required before entering judgment in absentia.
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25 February 2002 |
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The court upheld retirement for misconduct, finding the applicant's procedural complaints insufficient to overturn credibility-based findings.
Administrative law – judicial review of retirement in the public interest; procedural fairness – right to be heard and show-cause procedures; procurement law – tender procedures and alleged breach of Zambia National Tender Board Act s.19; appellate deference to trial judge’s credibility findings.
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20 February 2002 |
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An agreement to agree is not a binding lease, but equity allows reimbursement for improvements requested by the prospective tenant.
Contract law – agreement to agree versus concluded lease; State consent under Land (Conversion of Titles) Act; conditional contracts; equitable relief and quantum meruit for improvements; mesne profits/damages for loss of rent not recoverable where no binding lease.
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20 February 2002 |
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A judgment creditor who takes possession but willfully fails to realize income may be required to account and have an inquiry credit the debtor; defective elegit/charging orders and private sale were set aside.
Civil procedure – Enforcement of money judgment – Charging orders and elegit – Requirement to follow Order 50 RSC, Order 88 RSC and elegit practice (Order 42) – Mortgagee-like duties when in possession – Inquiry and credit where judgment creditor willfully fails to realize income – Irregular sale quashed.
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19 February 2002 |
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The instructing client remains primarily liable for lawyers' fees even if a third party later assumes conduct or benefits.
Professional services – recovery of legal fees – instructing client primarily liable – third party takeover does not extinguish instructing client's liability – counsel’s duty of candour – trial adjournment refusal.
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19 February 2002 |
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Insufficient proof of value requires reassessment of damages; costs deprivation of a successful party requires clear, blameworthy reasons.
Damages – pecuniary damages – proof of value – where evidence of value is inadequate, refer assessment to Deputy Registrar – discretion to deprive successful party of costs must be judicially exercised with explicable reasons.
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19 February 2002 |
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A plaintiff must prove the market value of lost goods; absent proof, courts should refer quantum for assessment rather than fix arbitrary damages.
Damages — Pecuniary loss — Necessity to prove market value at time of loss — In absence of specific evidence referral for assessment preferable to arbitrary global award; Costs — discretion to deprive successful party must be judicial and based on explicable blameworthy conduct.
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19 February 2002 |
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Where proof of loss is inadequate, damages should be assessed by the Deputy Registrar; costs deprivation requires blameworthy conduct.
Landlord and tenant – Business premises – unlawful lock-up and alleged conversion/damage of goods – proof of value – where evidence inadequate matter to be referred to Deputy Registrar for assessment – measure of damages for conversion – costs discretion requires blameworthy conduct.
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19 February 2002 |
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Appeals allowed: contractual termination by payment in lieu upheld; erroneous order permitting re-entry and distress set aside with costs.
Employment law – termination by payment in lieu of notice – contractual terms in appointment letter and employee manual govern; Civil procedure – discrepancy between oral ruling and formal order; re-entry and distress – invalid re-entry/execution under erroneous order; costs.
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15 February 2002 |
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A clearing agent who bonds transit exports is liable for duties and fines where purported exports are fraudulent; licence suspension was lawful.
Customs and Excise — Clearing agent bonds — Liability under s.183 for duties, VAT, interest and fines where removals in transit are fraudulent — Licence suspension pending payment lawful — Foreseeable business risk — Connivance by revenue employee no bar to agent's liability.
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14 February 2002 |
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A trade mark cannot be expunged without following statutory procedures; passing-off hinges on likelihood of deception to ordinary customers.
Trade marks — Expunction/rectification procedure — must follow Trade Marks Act (ss.37,38); registration prima facie evidence (s.57); s.9(4) limits infringement between registered proprietors; passing-off independent — test is likelihood of deception to the ordinary average customer.
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8 February 2002 |
| January 2002 |
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Specific performance ordered where evidence conclusively established payment of the deposit despite the trial judge’s contrary finding.
Specific performance – contract for sale of land – payment of deposit – sufficiency of evidence and appellate interference with trial judge’s factual finding – possession and improvements by purchaser.
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25 January 2002 |
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Appeal dismissed: court upheld trial judge's resurvey/demarcation to give effect to ambiguous land bequests.
Wills — ambiguous bequests as to land extent — reliance on contemporaneous approved survey diagram — role of trial judge's site inspection and factual findings — appellate reluctance to disturb demarcation and resurvey orders.
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17 January 2002 |
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Judicial review cannot be used to challenge Acts of Parliament amending the Constitution; Parliament may alter the Constitution subject to Article 79 procedures.
Constitutional law – constitutional amendment – Article 79 – parliamentary power to alter Constitution; judicial review not available to challenge Acts of Parliament; basic-structure doctrine distinguished and not recognized in Zambian law; referendum requirement for Part III (fundamental rights).
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12 January 2002 |
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Judicial review is "process" under s.164; the Act’s mandatory three‑month limit bars late actions against customs officers.
Customs and Excise – meaning of "process" in s.164 – whether judicial review falls within s.164(1) – Commissioner‑General/Controller as "officer" – s.164(4) three‑month limitation mandatory, no judicial extension under Order 53.
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11 January 2002 |
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The Supreme Court lacks jurisdiction to stay execution of its own final judgment pending separate High Court proceedings.
Civil procedure — Stay of execution — Supreme Court has no jurisdiction to stay its own final judgment; statutory stay under rule 18 only applies while appeal pending.
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4 January 2002 |
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High Court lacks jurisdiction to arrest an ongoing presidential election; judicial review requires a concrete decision and cannot stay declaration.
Constitutional law – Presidential election – Jurisdiction of courts – Article 41 and Electoral Act – Judicial review – Requirement of reviewable decision – Returning Officer’s duties and lack of discretion to delay declaration.
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1 January 2002 |