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Supreme Court of Zambia - 2003 January

4 judgments
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4 judgments
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)
A change in majority shareholding does not constitute a change of employer triggering section 35 entitlements.
  • Employment law — change of shareholding does not equal change of employer — section 35 Employment Act inapplicable; burden of proof for entitlement to retirement benefits; alleged inferior conditions of service not established
7 January 2003