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Supreme Court of Zambia - 2011 January

4 judgments
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4 judgments
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)
An approved, registered pension scheme predating Statutory Instrument No.2 of 2002 governs retirement benefits; no early retirement agreement was proved.
  • Employment law — early retirement — validity and effect of employer pension scheme approved/registered pre‑existing statutory order — statutory instrument No.2 of 2002 — scope of Minimum Wages and Conditions of Employment Act — Registrar’s certificate as evidence of registration/approval
13 January 2011