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Supreme Court of Zambia - 2009 November

3 judgments
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3 judgments
November 2009
Hybrid Poultry Farm (Z) Ltd v Mwashonge (Appeal 207 of 2006) [2009] ZMSC 152 (20 November 2009)
Transfer and acceptance of a new contract with a sister company defeated the respondent's claim for benefits under the original fixed-term contract.
  • Employment law — fixed-term contract — transfer to sister company — execution of new contract and payment of dues — repudiation v consent — measure of damages for breached fixed-term contracts; civil procedure — defective appeal record — appellate discretion to proceed.
20 November 2009
Zambia Revenue Authority v Preston Transport Ltd (Appeal 118 of 2007) [2009] ZMSC 156 (20 November 2009)
A challenge to vehicle forfeiture arises on seizure; claims brought after the statutory period are statute-barred.
  • Customs and Excise Act s159 (forfeiture on seizure) — cause of action arises on seizure; s164(3) — statutory limitation/notice; statutory limitation defence need not be pleaded; seizure and forfeiture challenges time-barred.
20 November 2009
Senga v The people (Appeal 69 of 2008) [2009] ZMSC 2 (5 November 2009)
The appeal was allowed and the appellant’s six-year sentence was backdated to his arrest date for pre-trial custody credit.
  • Criminal law — Sentencing — Backdating of custodial sentence to account for pre-trial custody — Discretion of trial judge — Appellate intervention where no factors militate against giving pre-trial custody credit.
5 November 2009