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Citation
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Judgment date
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| September 2003 |
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Application to correct judgment under Rule 78 denied; retrial order was intentional, not an accidental slip.
Civil procedure — Correction of judgments — Rule 78 and inherent jurisdiction — Scope limited to accidental slips expressing manifest intention — Cannot vary judgment for errors of law or mere dissatisfaction — Power to order new trial (s.25 Supreme Court Act) — Distinction from rescission where procedural unfairness or bias established.
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16 September 2003 |
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The applicant's slip-rule bid to replace an ordered retrial with dismissal was refused for lack of any accidental error.
Civil procedure – Rule 78 (slip rule) – correction of accidental errors or omissions in judgment – inherent jurisdiction to vary orders – limits on varying a deliberate appellate decision – severance of issues and ordering of retrial.
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15 September 2003 |
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Appellant awarded assessed exchange-loss converted to pounds with LIBOR interest where contract was not a Kwacha transaction.
Contract and currency – assessment of exchange-loss arising from devaluation – consent order directing Deputy Registrar – transaction held not to be Kwacha transaction – acceptance of uncontradicted expert quantification – conversion to Pounds and LIBOR interest ordered.
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9 September 2003 |
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Appeal dismissed: Board‑approved negotiated redundancy package valid; unauthorized allowance increases not payable; interest discretionary.
Employment law – redundancy/retrenchment – validity and effect of Board‑approved packages – statutory requirement for Board approval of salary/allowance variations – discretion to award interest – pleadings and scope of appeal – repayment of pension contributions and repatriation allowances.
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9 September 2003 |
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Where liability is found but special damages are unproven, assessment may be remitted to the Deputy Registrar.
Civil procedure — Order 39 review applications — requirement to show evidence is fresh (ZCCM v Moffat Sinkala) — proof of special damages — referral to Deputy Registrar for assessment where liability established but special damages unproven.
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9 September 2003 |
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Resignation to avoid disciplinary dismissal is not constructive dismissal; statute limits pensionary recovery to refund of member contributions.
Employment law – resignation to avoid disciplinary dismissal does not constitute constructive dismissal; LASF Act s32 limits benefits for resignation to avoid dismissal to refund of member's contributions; entitlement to retirement/pension depends on pensionable age and statutory amendments; withholding terminal benefits and counter-claim procedural requirements.
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6 September 2003 |
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Appeals dismissed: insufficient evidence for extra allowances and judgment satisfied by execution; separate action was abuse of process.
Civil procedure — assessment of damages; execution as satisfaction of judgment; entitlement to allowances — requirement of evidence; abuse of process — multiplicity of actions on same subject; incorporation of perquisites into salary depends on contractual/administrative directives.
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5 September 2003 |
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3 September 2003 |
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The appellant's challenge to aggravated robbery conviction and mandatory 15-year sentence was dismissed after he was found to be an adult.
Criminal law – aggravated robbery – identification by victim and possession of stolen property – conviction upheld; Mandatory minimum sentence – 15 years – no appeal lies; Juvenile status – medical and social welfare evidence determinative.
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3 September 2003 |
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Whether the IRC may rely on untested affidavit evidence and whether the appellant rebutted gross negligence and proved wrongful or discriminatory dismissal.
Industrial relations – admissibility of affidavit evidence – Rule 64 IRC – Court of substantial justice and section 85(5) – weighing untested affidavit and viva voce evidence; Employment law – standard of proof in civil dismissal disputes – balance of probabilities; Employment law – gross negligence of duty – burden to rebut and appellate review of factual findings; Employment law – constructive dismissal vs. actual dismissal; Remedies – salary arrears, pension contributions, redundancy-equivalent claims – factual onus.
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2 September 2003 |
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Appeal dismissed: IRC’s factual finding of lawful dismissal for false accounting was supported by evidence, falling outside this Court’s jurisdiction.
Labour law – dismissal for false accounting – findings of fact by Industrial Relations Court – appellate jurisdiction under section 97 ILR Act – factual findings reviewable only if unsupported or perverse – procedural fairness (ZIMCO conditions) not determinative where substantive misconduct proved.
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2 September 2003 |
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2 September 2003 |
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A party defending a petition discontinued by the other is entitled to costs and a subsequent similar petition may be stayed until those costs are paid.
Election law – costs on discontinuance of petition; High Court Rules Order XVII r.2 – stay of subsequent suit until costs paid; duplicative election petitions; civil procedure – costs and stay.
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2 September 2003 |
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Action dismissed for want of prosecution after inordinate delay caused prejudice; issues of illegality and accord and satisfaction reserved for trial.
Civil procedure — Restoration to active cause list — Dismissal for want of prosecution — Inordinate and inexcusable delay causing prejudice — Substitution of parties where defendants died — Illegality and accord and satisfaction are triable issues.
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2 September 2003 |
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Post‑termination circulars cannot confer benefits on a dismissed employee; employer must refund retained security; gratuity is tax‑free.
Employment law – wrongful dismissal declared a nullity; refund of employer-retained security even if not pleaded; post-termination changes to conditions of service do not confer benefits; redundancy/surplus-labour circular inapplicable to dismissed employee; long service gratuity tax-free under conditions of service.
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2 September 2003 |
| August 2003 |
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Court corrected a clerical error about the respondent’s employment but dismissed the Rule 78 motion without costs.
Civil procedure — Slip rule (Rule 78 Supreme Court Rules) — Correction of clerical error in judgment — Misdescription of employment status — Motion dismissed, no costs.
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27 August 2003 |
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Election nullified: corrupt practices (treating, use of state resources, intimidation, voter‑card collection) by candidate/agents likely prevented voters choosing preferred candidate.
Electoral law – election petitions – corrupt and illegal practices – treating – use of government resources – intimidation and undue influence – attribution to candidate via agents – standard of proof in election petitions.
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20 August 2003 |
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Election nullified for treating, intimidation and misuse of government resources, proven under an intermediate standard of proof.
Electoral law — election nullification — Section 18(2)(a) & (c) — corrupt and illegal practices: treating, undue influence, misuse of government resources, intimidation and unlawful collection of voter cards — intermediate standard of proof in election petitions.
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20 August 2003 |
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Plaintiff failed to adduce sufficient evidence of chattel value or reliable cash projections; Deputy Registrar’s assessment of K2,000,000 affirmed.
Civil procedure – assessment of damages by Deputy Registrar – measure of damages for loss of chattels is value at time of loss – burden on plaintiff to prove purchase price/depreciation – cash flow projections inadmissible as speculative without corroboration – court not required to invent evidential bases.
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14 August 2003 |
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Automatism defence failed for lack of medical foundation; convictions and death sentences upheld.
Criminal law – Automatism/insanity – accused must lay proper foundation and adduce medical/scientific evidence; mere ipse dixit insufficient – Identification evidence – eyewitness identification and police corroboration can sustain murder convictions – Criminal Procedure Code s.17(2) – no mandatory duty to summon medical officer where defence fails to establish need.
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5 August 2003 |
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Familiarity-based identification plus an unobjected confession and recovered property sustained aggravated robbery convictions.
Criminal law — Aggravated robbery — Identification of a known person at night — Corroboration by recovery of stolen property — Admissibility of Warn and Caution confession — Appellate deference to trial judge’s demeanour findings.
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5 August 2003 |
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Recognition identification, recovered property, and an unobjected confession upheld aggravated robbery convictions.
Criminal law – Aggravated robbery – Recognition identification without parade – Recovery of stolen property as corroboration – Admissibility and weight of warn-and-caution confession admitted without objection – Deference to trial judge’s demeanour findings on credibility.
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5 August 2003 |
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5 August 2003 |
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Appeals dismissed: insufficient proof of additional allowances, execution satisfied judgment, separate suit amounted to abuse of process.
Civil procedure — assessment of damages — execution and satisfaction of judgment; employment law — incorporation of perquisites into salary for terminal benefits; abuse of process — multiplicity of actions; judicial notice of related proceedings.
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5 August 2003 |
| 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 |
| June 2003 |
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27 June 2003 |
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Appeal dismissed: trial court's findings of publishing false statements, undue influence, and treating were supported and not displaced on appeal.
Electoral law – Election petition – Publication of false statements (Reg. 56(2)) – Undue influence (Reg. 54(1)(c)(ii)) – Treating (Reg. 53) – Appellate review limited to questions of law – Deference to trial judge on credibility and demeanor – Findings of fact not disturbed absent perversity or lack of evidence.
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25 June 2003 |
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Supreme Court upheld trial judge’s factual findings of false statements, undue influence and treating and dismissed the appeal.
Electoral law — Election petition — Regulation 56(2) (publishing false statements); Regulation 54(1)(c)(ii) (undue influence); Regulation 53 (treating) — Appellate review of factual findings — Standard for disturbing trial judge’s findings of fact — Article 72(2) appeals limited to questions of law.
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25 June 2003 |
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A tribunal may restore struck‑out proceedings, but an intervenor must establish a clear proprietary interest against the registered owner to be joined.
Lands Tribunal — power to restore struck‑out proceedings; joinder/intervention — must demonstrate clear interest against the party sought to be joined; claim against another party does not justify joinder; Limitation Act/ adverse possession considerations.
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11 June 2003 |
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Procedural defects do not render dismissal wrongful where employee’s culpability for a dismissible offence is undisputed.
Employment law – wrongful dismissal – procedural fairness – rules of natural justice not decisive where employee’s culpability for dismissible offence is undisputed – misconduct may justify summary dismissal despite procedural defects.
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5 June 2003 |
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5 June 2003 |
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5 June 2003 |