Results.
13 judgments found.
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| April 2003 |
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A clear, unambiguous contractual limitation clause limits liability even where an alleged fundamental breach occurred.
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Contract law — exclusion and limitation clauses — effect of alleged fundamental breach — clause construction dictates applicability — Securicor; Suisse Atlantique; Photo Production; George Mitchell.
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24 April 2003 |
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Medical retirement was valid without a prior Medical Board, but employer must pay the remaining two months' notice with interest.
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Employment law — medical retirement — whether medical board recommendation is a condition precedent — notice/pay in lieu on retirement — applicability of Employment (Special Provisions) Act and Regulations — award of interest discretionary under Law Reform Act — exemplary damages.
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17 April 2003 |
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Appeal dismissed: respondent's accepted offer and payment vested ownership; applicant had no entitlement to the house.
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Property law — sale of employer-owned housing — eligibility under employer housing policy — acceptance and payment confers ownership — employer not obliged to offer house to deceased's estate — evidentiary weight of contemporaneous documents.
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17 April 2003 |
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Whether a collective agreement signed after retrenchment but effective from an earlier date bound the appellants.
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14 April 2003 |
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Whether terminal benefits under the collective agreement are payable regardless of exit or only per Administrative Rules to privatisation date.
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Collective agreements — interpretation of Clause 55 ("Service in Trust") — terminal benefits payable only in accordance with Administrative Rules up to privatisation date — court erred in importing words not in clause — precedential distinction — costs: successful party should not be condemned without reasons.
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8 April 2003 |
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A 12-year sentence for attempted murder with a firearm was upheld as not excessive; age was not an extenuating factor.
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Criminal law — Attempted murder — Sentence — Use of a firearm — Age as extenuating circumstance — Section 201(1)(b) Penal Code — Inapplicability of manslaughter comparisons.
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8 April 2003 |
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Appeal against 12-year sentence for attempted murder dismissed; age and manslaughter comparisons not mitigating factors.
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Criminal law — Attempted murder — sentence — use of firearm and intention to kill — severity of offence; Mitigation — ages and personal circumstances not extenuating for attempted murder; Section 201(1)(b) relevance to murder only; Manslaughter and attempted murder are legally distinct — sentence comparison inappropriate.
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8 April 2003 |
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A title fraudulently procured can be set aside; occupant-beneficiary entitled to title, mesne profits and costs.
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Land law — Title deeds — Fraudulent procurement of title — Standard of proof for fraud in civil cases — Duty of local authority and Registrar to investigate occupation — Entitlement to mesne profits
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5 April 2003 |
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Order 53 RSC governs judicial review in Zambia; interested persons must themselves show sufficient interest to be joined or heard.
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Judicial review procedure — Adoption of Order 53 RSC under High Court Act — Inapplicability of High Court Rules Orders 14 and 18 to judicial review — Joinder/participation: requirement that prospective intervenors themselves show sufficient interest — Judicial review concerned with legality and procedure, not merits of tribunal’s clearance — Stay of proceedings to prevent nugatory litigation and protect public interest.
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4 April 2003 |
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A non‑Zambian appellant was entitled to pensionable benefits where authorities authorized and backdated his appointment.
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Employment law — Non‑Zambians — Pension and gratuity entitlement — Backdated appointment and re‑gazettement — No prohibition in 1975 Pensions/Employment laws — Precedent applied (Tshabalala).
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4 April 2003 |
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Appeal dismissed: factual findings upholding demotion and dismissal were supported and appeal was incompetent under Section 97.
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Employment law — demotion and withdrawal of benefits; disciplinary dismissal for alleged misappropriation and unauthorised salary increment; appellate jurisdiction — Section 97 Industrial and Labour Relations Act limits appeals to points of law or mixed law and fact; findings of fact supported by evidence.
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4 April 2003 |
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Order 53 RSC governs judicial review; joinder requires a personal sufficient interest and stays/interim relief consider public interest.
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Civil Procedure — Judicial review procedure — Order 53 RSC governs in absence of domestic rule — Orders 14 & 18 High Court Rules inapplicable — Joinder/Interested parties require personal sufficient interest — Judicial review concerns process not merits — Interlocutory injunction/stay available; public interest relevant
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3 April 2003 |
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No enforceable allocation where the appellant neither contracted nor developed the farm and the transfer lacked required State consent.
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Land allocation — absence of a concluded contract — development conditions for allocation — repossession for non-development — purported transfer requiring State/Presidential consent under Land (Conversion of Titles) Act.
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3 April 2003 |