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Supreme Court of Zambia - 2011 January

4 judgments
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4 judgments
Citation
Judgment date
January 2011
Chela and Anor v Parmalat Zambia Ltd (Appeal 48 of 2008) [2011] ZMSC 37 (18 January 2011)
Applicant failed to prove a binding contract; counter-offers, unproven payments and lack of deposit defeated specific performance.
Contract law – offer, counter-offer and acceptance; consensus ad idem – no meeting of minds; specific performance – equitable relief and clean hands; consolidation of causes – burden to prove each claim remains with claimant.
 18 January 2011
TAP Zambia Ltd v Masongo (Appeal 69 of 2007) [2011] ZMSC 38 (18 January 2011)
Where a contract is silent on notice, reasonable notice governs termination; six months' pay awarded for wrongful dismissal of a manager.
Employment law – wrongful dismissal – contract silent on notice – reasonable notice applies; payment in lieu; management positions; damages measured by reasonable notice; High Court jurisdiction under s.85 Industrial Relations Act.
 18 January 2011
Livingstone City Council v Sinywibulula (Appeal 35 of 2008) [2011] ZMSC 36 (14 January 2011)
Amendment to government circular entitled a sitting tenant to the first offer to buy an institutional council house; rental award quashed.
Administrative / housing policy – amendment of government circular by Permanent Secretary – effect of MLGH/102/25/57 (5 Nov 2001) on Circular No. 2 of 1996 – sitting tenant's right to be offered purchase of formerly reserved institutional houses; appellate jurisdiction – requirement for leave under s.24(1)(e) considered.
 14 January 2011
Nawa v Standard Chartered Bank Zambia PLC (SCZ 1 of 2011) [2011] ZMSC 1 (13 January 2011)
No early‑retirement agreement found; Minister‑approved registered pension scheme (2000) governs retirement benefits, SI No.2/2002 inapplicable.
Employment law – early retirement and terminal benefits – interaction between Statutory Instrument No.2 of 2002 (Minimum Wages and Conditions) and an employer's Minister‑approved pension scheme – effect of pre‑existing registered pension schemes – non‑retrospectivity of statute – evidentiary value of Registrar's certificate under Pension Scheme Regulation Act; burden of proof in Industrial Relations Court.
 13 January 2011