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Citation
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Judgment date
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| May 2003 |
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Whether the appellant could claim compound interest or was bound by a 67% simple interest rate agreed with the respondent.
Contract law – Loan agreements – Interest: distinction between compound and simple interest; requirement of express agreement for compound interest; appellate review of factual findings based on affidavit and documentary evidence; reliance on exhibited letters to establish prevailing interest rates.
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28 May 2003 |
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Whether compound interest applied and proper simple interest rate on reconstituted loan; appellate review of factual findings.
Contract/Loan agreements – Interest – In absence of express agreement, compound interest disallowed; simple interest applies – Determination of appropriate rate by weighing affidavit evidence and exhibits – Appellate review limited where factual findings are supported by evidence.
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28 May 2003 |
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Consolidation is proper where actions share common issues; counsel who engage in forum shopping may be ordered to pay costs.
Civil procedure – Consolidation of actions – Common questions of law or fact – Rationale to avoid multiplicity and save costs – Forum shopping and abuse of process – Duplication of actions – Costs may be awarded against counsel who deliberately engage in forum shopping.
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28 May 2003 |
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A bank is not liable for perfectly simulated forgeries absent negligence; customer precluded for failing to detect internal fraud.
Banking law – forged cheques – standard of care: ordinary bank verification, not expert-level scrutiny; negligence test: whether facts should have put banker on inquiry – estoppel/adoption by customer – Bills of Exchange Act 1882 s.24.
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27 May 2003 |
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A party’s public comments on pending court evidence amounted to contempt; fined three million Kwacha or three months imprisonment.
Contempt of court – prejudicial public comment on pending litigation – party to proceedings abusing press statements – administration of justice – Attorney-General v Times Newspapers applied.
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15 May 2003 |
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A party's public comments prejudging evidence in ongoing proceedings constitute contempt and attract fine or imprisonment.
Contempt of court – publication prejudging pending litigation; 'trial by newspaper' – comments on evidence before a court; party to proceedings – aggravated conduct; sanction: fine with committal alternative.
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15 May 2003 |
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Early retirement under a lawful reorganisation upheld; no accrued right to buy staff housing; appeal dismissed, no costs.
Employment law – early retirement and reorganisation – service regulation permitting discharge for abolition/re-organisation; Conditions of service vs. pension scheme integration; Procedural compliance in staff restructuring; Staff housing – entitlement to purchase on cessation of employment; Evidence – reliance on unpleaded claims and parties’ own evidence for mesne profits.
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15 May 2003 |
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Early retirement pursuant to organizational restructuring upheld; no accrued right to purchase employer house; appeal dismissed.
Employment law – early retirement under restructuring – Service Regulations (abolition/reorganisation clause) – contractual pension scheme and employer consent – accrued right to purchase employer housing – mesne profits evidence and pleading requirements.
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15 May 2003 |
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The applicant’s challenge failed: a writ may be accompanied by a full statement of claim instead of endorsement.
Civil procedure – Writ of summons – Endorsement of claim – Order VI r1(1) High Court Rules (S.I
No. 11 of 1997) – A writ may be endorsed with or accompanied by a full statement of claim – setting aside writ for non-endorsement
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14 May 2003 |
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A writ accompanied by a full statement of claim is valid; non‑endorsement alone does not justify setting aside.
Civil procedure — Writ of summons — Endorsement versus annexure of statement of claim — Order VI Rule 1(1) High Court Rules (as amended by SI No. 71 of 1997) permits commencement by writ endorsed with or accompanied by full statement of claim — non‑endorsement alone not an irregularity warranting setting aside writ.
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14 May 2003 |
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An unregistered collective agreement not approved by the Minister has no legal effect; appeal allowed with costs.
Collective agreements — Registration and Ministerial approval — Sections 68, 70, 71 Industrial and Labour Relations Act — Unregistered collective agreement has no legal force — Labour Commissioner’s limited role — Minister’s discretion to refuse registration where implementation is not feasible.
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14 May 2003 |
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No valid contract for 775 hectares due to discrepancies, but appellant entitled to compensation for bona fide improvements.
Property law – Sale of land – Essential terms (price and area) – Lack of agreement defeats contract; Equity – Unjust enrichment – Compensation for bona fide improvements by an intending purchaser; Unclean hands – limits on equitable relief.
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14 May 2003 |
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Interim mandatory injunction to reconnect electricity set aside where respondent was in arrears and had dishonoured payment cheques.
Civil procedure — Interim/mandatory injunctions — Equitable discretion — Electricity supply and disconnection — Non-payment and dishonoured cheques — Balance of convenience.
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14 May 2003 |
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Suspension of a Member for comments made outside Parliament violated constitutional freedom of expression; oath does not justify such suspension.
Constitutional law – freedom of expression (Article 20) – limits and derogations – Oath of Allegiance – parliamentary privilege and contempt – High Court jurisdiction to review Parliamentary disciplinary decisions – National Assembly (Powers and Privileges) Act, Cap 12.
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13 May 2003 |
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A collective agreement not approved under the Act has no legal force and cannot be enforced against the employer.
Employment law – Industrial and Labour Relations Act (ss. 68, 70, 71) – registration/approval requirement for collective agreements – effect of non-registration – Minister’s powers; role of Labour Commissioner; enforceability of unapproved collective agreements.
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13 May 2003 |
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An MP’s extraparliamentary opinion unrelated to parliamentary proceedings cannot be disciplined; the oath does not override freedom of expression.
Constitutional law – Freedom of expression (Art.20) – Parliamentary privilege – Contempt of Parliament – Oath of allegiance – National Assembly (Powers and Privileges) Act Cap.12 – Extraparliamentary speech – Judicial review of parliamentary disciplinary action.
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12 May 2003 |
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An appellate court will not disturb trial credibility findings absent manifest misdirection; appeal dismissed with costs.
Civil procedure – Appeal – Findings of fact and credibility – Appellate restraint where trial court assesses demeanour; to interfere only if manifestly misdirected; oral contract; payment in kind; double express charge.
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12 May 2003 |
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Appellate court refuses to disturb trial court's credibility findings on an oral contract and double express charge; appeal dismissed.
Civil procedure — Appeal from findings of fact — Appellate court will not interfere with trial court's credibility assessments absent manifest misdirection; oral contract and agreed double express charge upheld.
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12 May 2003 |
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Appeal allowed: writ was not irregular, issues are triable, and mesne profits were prematurely ordered before ownership determined.
Civil procedure – setting aside writ – locus standi – triable issues vs summary disposal under Order 2 – mesne profits premature prior to determination of ownership.
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9 May 2003 |