Supreme Court of Zambia - 2010 August

5 judgments
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Results. 5 judgments found.

5 judgments
August 2010
Balanced reporting of competing political allegations was not defamatory; fair comment unavailable where publishers simply repeated allegations.
  • Defamation — meaning and natural/ordinary meaning; fair comment — requirement that comment be opinion based on true facts; balanced reporting and duty to verify; apology and estoppel; freedom of expression in reporting public interest matters
26 August 2010
A non-unionized employee's redundancy entitlements are governed by the staff handbook and statutory minima, not a time-limited collective agreement.
  • Labour law — redundancy entitlements — staff handbook v. collective agreement; application of Statutory Instrument No. 2 of 2002; inclusion of allowances in salary; notice pay; damages for humiliation.
16 August 2010
Appellate court upheld conviction and confirmed a 20-year sentence after endorsing trial judge's credibility findings and sufficiency of evidence.
  • Criminal law — Aggravated robbery — sufficiency of evidence and credibility findings — recovery and identification of stolen property — appellate review of sentence; 20 years' imprisonment with hard labour confirmed.
11 August 2010
An alternate director lacked authority to sell company property and the buyers were not bona fide purchasers for value.
  • Company law — authority of directors (alternate directors) — ostensible/apparent authority — indoor management (Turquand) rule — limits where execution sale and lack of board resolution exist; Bona fide purchaser for value without notice — requirements; Pleading and proof of fraud — necessity of specific pleading and higher standard of proof; Interest — variation to average short-term deposit rate and thereafter Bank of Zambia rate.
6 August 2010
Licensee occupying employer housing was not a sitting tenant or eligible purchaser; bona fide purchaser entitled to possession and equitable use payment.
  • Property law — sitting tenant versus licensee; employee eligibility to purchase employer housing; effect of secondment and retrenchment on purchase rights; bona fide purchaser; mesne profits and equitable compensation for use; assessment by Deputy Registrar.
5 August 2010