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Supreme Court of Zambia - 2014 November

3 judgments
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3 judgments
November 2014
Attorney General v Mulenga (Appeal 68 of 2010) [2014] ZMSC 145 (20 November 2014)
Circumstantial evidence and res ipsa loquitur supported finding of medical negligence for a broken hypodermic needle.
  • Medical negligence — administration of injections — broken hypodermic needle — res ipsa loquitur — circumstantial evidence — duty of care — failure to detect/remove or refer — assessment of conflicting expert evidence
20 November 2014
Mwiinga & Another v Zambia National Commercial Bank PLC (Appeal 145 of 2011) [2014] ZMSC 244 (19 November 2014)
A counter-claim or set-off will not ordinarily defeat a mortgagee’s right to possession; stay discharged for lack of realistic repayment prospect.
  • Mortgage law — possession and foreclosure — counter-claim/equitable set-off does not defeat legal mortgagee’s right to possession absent contractual/statutory limitation — equitable discretion to postpone possession only where mortgagor can realistically pay within reasonable time — appellate preview of appeal prospects in stay applications
19 November 2014
Nyasulu and Anor v Zamcapitol Enterprises (Appeal 93 of 2010) [2014] ZMSC 249 (17 November 2014)
The respondent was justified in summarily dismissing the applicants for refusing to attend an investigation.
  • Employment law — Summary dismissal — Contractual approach — Disobedience/insubordination as ground for dismissal — Conditions of Service/disciplinary code not engaged where no formal charge — Admissibility and weight of unpleaded Audit Report — Appellate restraint on findings of fact.
17 November 2014