Skip to document content Skip to main menu Skip to search

Supreme Court of Zambia - 2003 January

4 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
4 judgments
Citation
Judgment date
January 2003
Attorney General v Shah (Appeal 152 of 2001) [2003] ZMSC 107 (16 January 2003)
Whether court may order State to provide timeframe for satisfying judgment debt rather than using Section 21 certificate.
State Proceedings Act – s21(1),(4) – statutory certificate as mode of enforcing judgment debt against the State; s30(4) – court power to grant mandamus; execution against the State; functus officio; Stickrose considered.
 16 January 2003
Florite Limited v Robert Kunda Chimambo (SCZ/8/144/2002) [2003] ZMSC 184 (10 January 2003)
Delay in filing the record, reasonably explained, did not justify dismissal for want of prosecution.
Civil procedure – dismissal for want of prosecution – Rule 55 – delay in filing record of appeal – reasonable explanation for delay – interlocutory applications and unavailability of judge’s notes – prejudice insufficient to warrant dismissal.
 10 January 2003
F.D Kankomba and Ors v Chilanga Cement PLC (SCZ 30 of 2002) [2003] ZMSC 151 (8 January 2003)
Change of shareholding does not constitute change of employer; the applicants failed to prove entitlement to prior benefits.
Employment law – change of shareholding v. change of employer – Section 35 Employment Act – entitlement to retire on prior terms – burden of proof – merging of allowances into salary – factual assessment of superiority/inferiority of new conditions.
 8 January 2003
Kankomba & Others v Chilanga Cement PLC (SCZ 30 of 2002) [2003] ZMSC 1 (7 January 2003)
Change of shareholding does not constitute change of employer; section 35 Employment Act not engaged; appeal dismissed.
Employment law – change of shareholding vs change of employer – applicability of s.35 Employment Act; conditions of service – alleged less favourable changes; entitlement to retirement benefits under Statutory Instrument No.99; proof of loss; fusion of allowances into salary.
 7 January 2003