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Supreme Court of Zambia - 2004 March

5 judgments
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5 judgments
March 2004
Zimco Limited (In Liquidation) and Anor v Michael Malisawa & 17 Ors (SCZ APPEAL NO. 139/2002) [2004] ZMSC 140 (9 March 2004)
Whether one‑off fringe payments form part of salary for terminal benefit calculations and whether interest accrues despite consent orders.
  • Industrial relations — assessment of terminal benefits — inclusion of fringe benefits (club membership, social tour) in salary calculations — effect of one‑off payments — interest on late payments despite multiple consent orders — appellate review of Registrar's assessment.
9 March 2004
Chomba Christopher Mulenga v Kasama Municipal Council (SCZ 20 of 2003) [2004] ZMSC 109 (4 March 2004)
Whether a regulation protecting fringe benefits during appeal conflicts with statutory rules on wages on summary dismissal.
  • :[
4 March 2004
Mulenga v Kasama Municipal Council (SCZ 20 of 2003) [2004] ZMSC 3 (3 March 2004)
Regulation protects non‑wage fringe benefits during appeal but does not require payment of salary pending appeal.
  • Employment law — Statutory instrument interpretation — Inconsistency with Act — Fringe benefits (perquisites) distinguished from wages — Entitlement to salary pending appeal not created by Regulation 35(4)
3 March 2004
John Mwape Kapya v The People (Appeal 10 of 2004) [2004] ZMSC 11 (2 March 2004)
2 March 2004
Zambia Consolidated Copper Mines Ltd & Another v Khama (Appeal 71 of 2001) [2004] ZMSC 10 (2 March 2004)
Rule 78 cannot be used to reopen an appeal or introduce unrelated fresh evidence to reverse a final judgment.
  • Civil procedure — Rule 78 — fresh evidence — slip or clerical error — reopening appeal — review of judgment — parastatal housing sale — procedural finality
2 March 2004