Supreme Court of Zambia - 2014 November

3 judgments

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3 judgments
Citation
Judgment date
November 2014
Res ipsa loquitur justified finding appellant negligent for a broken needle that injured the respondent.
Medical negligence; res ipsa loquitur; burden shifts where circumstantial evidence shows foreign body after clinical procedure; expert evidence as guide not conclusive; duty to refer and standard of care in nursing and clinical treatment.
20 November 2014
A mortgagor’s unquantified counterclaim does not defeat a mortgagee’s right to possession; stay of execution discharged.
Mortgage law – Mortgagee’s right to possession – Counterclaim or equitable set-off does not ordinarily defeat possession – Court’s equitable discretion to postpone possession only where mortgagor can pay within reasonable time – Stay of execution discharged where set-off unquantified and appeal lacks prospects.
19 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