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Citation
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Judgment date
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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.
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.
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.
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.
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.
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.
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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Title deeds obtained by misleading authorities and cheating the lawful occupant may be cancelled and mesne profits awarded.
Land law – Title deeds – Cancellation for fraud; beneficial occupation and priority to acquire title; failure of local authorities to investigate title; entitlement to mesne profits and costs.
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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.
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.
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.
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; only persons showing sufficient interest may be joined and public interest guides interlocutory relief.
Civil procedure — Judicial review — Adoption of Order 53 RSC under High Court Act — Parties and sufficient interest to be joined — Judicial review focuses on legality not merits — Interlocutory relief/stay in judicial review; public interest consideration.
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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.
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 |