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Citation
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Judgment date
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| July 2003 |
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Whether the appellant’s demotion after a disciplinary hearing was lawful and open to judicial re-evaluation.
Employment law – Disciplinary procedure – Failure to follow lawful instructions – Penalty of summary dismissal – Employer’s discretion to impose lesser penalty for mitigating circumstances – Appellate review limited where procedure followed – Trial court misdirection treating disciplinary record as hearsay.
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29 July 2003 |
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Respondent's application for security for costs on appeal refused because appeal raised substantive issues affecting costs.
Civil procedure – Security for costs – Rule 56 Supreme Court Act – interlocutory appeal involving substantive issues – discretion to refuse security despite unpaid taxed costs.
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25 July 2003 |
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Whether the respondent is liable for low-voltage pump damage and for disconnecting supply where the appellant failed to file a cessation form.
Electricity supply — Low voltage damage — Act of God/natural equipment failure — Onus of proof — Section 9 Electricity Act — Wrongful disconnection — Cessation form — Contractual obligations — Appeal on facts.
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25 July 2003 |
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An appeal challenging the Industrial Relations Court’s factual findings is not competent under section 95 of the Industrial and Labour Relations Act.
Industrial and Labour Relations Act s95 – appealability – appeals against findings of fact by Industrial Relations Court barred; factual evaluation of wrongful dismissal claim not reviewable on appeal; appellate jurisdiction and costs discretion.
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25 July 2003 |
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An appeal challenging factual findings of the Industrial Relations Court was dismissed for lack of jurisdiction under section 95 of the Industrial and Labour Relations Act.
Industrial and Labour Relations Act s95 — Appeal against findings of fact — Appellate jurisdiction — Appeals from Industrial Relations Court limited to questions of law; findings of fact not re-opened by Supreme Court.
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25 July 2003 |
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25 July 2003 |
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Application for rehearing under Rule 71(2) dismissed; court satisfied service given and no slip in judgment regarding currency valuation.
Civil procedure — Application for rehearing under Rule 71(2) — Alleged accidental slip or omission — Service of process and notice of hearing — Hearing in absence — Amendment of statement of claim — Currency valuation of judgment.
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25 July 2003 |
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A stay pending appeal was refused because the applicant failed to show exceptional circumstances or irreparable harm.
Civil procedure – Stay of execution – interim injunction discharged – equitable relief – requirement of exceptional circumstances or real risk of miscarriage of justice – irreparable harm – heavily contested factual disputes.
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24 July 2003 |
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Alienation of customary land without the mandatory s3(4) consultations and approvals is void; appeal dismissed with costs.
Lands Act s3(4) – customary land – mandatory consultation with chief, local authority and persons whose interests may be affected – failure to obtain village committee approval renders alienation null and void; appellate deference to trial court credibility findings.
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24 July 2003 |
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Alienation of customary land without village committee approval under s.3(4) Lands Act is null and void.
Lands Act (Cap. 184) s.3(4) – customary land alienation – requirement to consult chief, local authority and persons whose interests may be affected – failure to obtain village committee approval renders alienation and certificate of title null and void – precedents: Siwale v Siwale; Mupwaya v Mbaimbi; Still Water Farms Ltd v Mpongwe District Council.
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24 July 2003 |
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Leave under s.317 is procedural; a procedural dismissal does not bar a renewed application and is not res judicata.
Company law – Section 317 Companies Act – leave to sue a company in liquidation – procedural/supervisory function – dismissal on procedural grounds not res judicata – court may permit fresh or amended application.
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23 July 2003 |
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Leave under Section 317 to sue a company in liquidation is procedural and not barred by res judicata.
Company law — Liquidation — Section 317 Companies Act — leave to proceed against a company in liquidation is procedural; not determinative of merits; res judicata inapplicable.
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22 July 2003 |
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An interim injunction was properly continued where the applicant, a sitting tenant with unpaid terminal benefits, showed a clear right to relief.
Interim injunctions — continuation of ex-parte injunction — clear right to relief — sitting tenant status and unpaid terminal benefits — discretionary remedy — appeal dismissed.
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18 July 2003 |
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18 July 2003 |
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Whether redundancy payments rank ahead of secured creditors for garnishee execution and whether garnishee nisi should be made absolute.
Companies law – priority of claims – section 346(1)(d) – Employment law – redundancy payments – priority vis-à-vis secured creditors – garnishee nisi and absolute – execution pending assessment of judgment debt.
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17 July 2003 |
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Appellants awarded pre-judgment interest and costs where the lower court withheld interest without giving reasons.
Interest — Pre-judgment interest — Court's discretion to award interest — Requirement to give reasons for withholding interest — Rate: Bank of Zambia average short-term deposit rate — Costs taxed in default.
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11 July 2003 |
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The appellants were awarded pre-judgment interest at the Bank of Zambia average short-term deposit rate due to lack of reasons for denial.
Labour/industrial law – award of back pay and benefits – pre-judgment interest – judicial discretion to award interest – requirement to give reasons when denying interest – rate: Bank of Zambia average short-term deposit rate.
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11 July 2003 |
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Voluntarily retired employee awarded employer pension contributions where similarly placed employees were paid; interest fixed at Bank of Zambia rates.
Employment law – pension scheme entitlements – voluntary retirement vs early retirement – equitable treatment where employer paid similarly placed employees; Interest – appropriate rate for judgment debts – Bank of Zambia short-term deposit rate to judgment, current lending rate thereafter; Civil procedure – appellate review of Industrial Relations Court factual findings.
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4 July 2003 |
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Applicant cannot use the slip rule to raise a new point (award of interest) not argued on appeal; application dismissed with costs.
Civil procedure – Slip rule (Rule 78) – omission – cannot be used to introduce new grounds not raised on appeal; award of interest; costs.
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1 July 2003 |