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Citation
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Judgment date
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| August 2014 |
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21 August 2014 |
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A stay for concurrent criminal proceedings requires a real risk of prejudice; court may ring‑fence civil evidence instead of granting a stay.
Civil procedure – stay of civil proceedings pending related criminal proceedings – high threshold; real (not notional) danger of prejudice and self-incrimination required; balancing competing interests; ring‑fencing civil evidence and documents.
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21 August 2014 |
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Appeal allowed: termination on contractual notice lawful; IR court may probe for bad faith but no such finding made here; include external pay in terminal benefits.
Employment law – termination by notice – Industrial Relations Court’s remedial powers under s.85A – distinction between finding of unfair dismissal and remedies – power to examine bad faith in use of termination clause – treatment of external salary in terminal benefit calculations.
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19 August 2014 |
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An employer validly invoking a contractual notice clause does not commit unfair dismissal merely by failing to give reasons unless bad faith is shown.
Employment law – contractual termination clause – exercise of notice without reasons – absence of reason not by itself unlawful; Industrial Relations Court may inquire into bad faith; remedies under s85A are discretionary, not definitional.
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19 August 2014 |
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Disciplinary bodies may hear in absentia but must prove allegations; Minister, not Dean, prescribes university regulations.
Student discipline – in‑absentia proceedings – regulation 27 permits hearing in absence but does not relieve university of evidential onus; University Act – section 49 vests power to make regulations in Minister not Dean; expulsion unlawful where findings unsupported by evidence; nullification of results consequent on unlawful expulsion is unlawful; damages for withheld results not proved.
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18 August 2014 |
| July 2014 |
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31 July 2014 |
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31 July 2014 |
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Claim for excessive repair costs failed for lack of receipts; quantum meruit awarded reasonably and interest from writ left to judicial discretion.
Quantum meruit – recovery on illegal or unenforceable agreement – equitable compensation despite illegality when expenditure shown; Evidence – invoices versus receipts – receipts required to prove payment; Assessment of damages – ‘intelligent guess’ permitted on meagre or inconsistent evidence; Appellate review – interference only for perverse or unsupported findings; Pre-judgment interest – discretionary under Order 36 Rule 8; date of writ permissible.
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31 July 2014 |
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31 July 2014 |
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31 July 2014 |
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29 July 2014 |
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Interlocutory injunction refused against the bank; trial Judge erred in prematurely setting aside the writ; matter remitted for determination.
Civil procedure – Interlocutory injunctions: requirement of clear right/serious question and irreparable harm; Banker–customer relationship: agent/principal duties; Procedural fairness – improper premature setting aside of writ at interlocutory stage; Costs – discretion and adherence to event rule.
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29 July 2014 |
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29 July 2014 |
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Holding association meetings on Saturdays did not, absent coercion or comparative unequal treatment, breach freedom of conscience or constitute discrimination.
Constitutional law — freedom of conscience (Article 19(1)) — meaning of "hindered"; discrimination (Article 23(2)–(3)) — requirement of comparative evidence; associative meeting practices and religious accommodation.
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28 July 2014 |
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Whether repeated transfers constituted constructive dismissal and whether pre-1999 service gratuities are payable under prior practice.
Employment law – constructive dismissal – multiple transfers – contractual right to transfer – Western Excavating test; Pension scheme v
Minimum Wages Orders – entitlement to pre-pension gratuity; computation of accrued benefits by prior employer practice
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24 July 2014 |
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Court held the negotiated redundancy package was paid; no implied long-service gratuity; employer's error forfeited costs award.
Employment law – redundancy v long service gratuity – interpretation of collective agreement – implied terms in contract – taxability of commuted leave pay – costs discretion where employer's erroneous documentation prejudiced employees.
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24 July 2014 |
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Statutory vesting of non‑performing loans did not defeat a ministerially directed transfer; sale undervalue justified re‑evaluation and credit.
Conveyancing and transfer of non‑performing assets – s.11A vesting in Government; Ministerial directions under s.11A(5); validity of deed of transfer; locus standi. Mortgagee in possession – duty to obtain proper price; adequacy of publicity/valuation; re‑evaluation and credit where sale undervalued
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23 July 2014 |
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23 July 2014 |
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Whether the respondent paid redundancy entitlements or long service gratuity, tax liability on leave pay, and costs allocation.
Employment law – Redundancy/retrenchment package versus long service gratuity – Interpretation of collective agreement and implied terms – Admissibility of extrinsic evidence to correct clerical/narration errors – Taxation of commuted leave pay – Costs discretion where employer's conduct caused prejudice.
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23 July 2014 |
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23 July 2014 |
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22 July 2014 |
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17 July 2014 |
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15 July 2014 |
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14 July 2014 |
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10 July 2014 |
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10 July 2014 |
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Motions under Article 72(1)(a) and s93(1) to bar respondents from by-elections were dismissed for lack of merit; each party bears own costs.
Constitutional and electoral law – Article 72(1)(a) Constitution; Section 93(1) Electoral Act – applications to bar recontesting candidates in by-elections – stay of proceedings under Order 4 Rule 9(1) – use of test actions – dismissal for lack of merit – costs: parties to bear own costs in constitutional matters.
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10 July 2014 |
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Procedural error in admitting a confession was not fatal where recognition evidence and recovery of a blood-stained weapon overwhelmingly sustained the murder conviction.
Criminal law – trial-within-trial – voluntariness and admissibility of confession; Judges’ Rules – admissions to private persons vs Police; recognition evidence; recovery of weapon and circumstantial corroboration; right to silence and extenuating circumstances.
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9 July 2014 |
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Court upheld dismissal of the appellant for misleading the respondent and preparing defective security despite procedural lapses.
Employment law – Disciplinary procedure – Misconduct and dishonesty – Preparing false borrower identity and defective security – Natural justice and procedural compliance – Appeal on points of law vs findings of fact (Section 97 ILRA).
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4 July 2014 |
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3 July 2014 |
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3 July 2014 |
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3 July 2014 |
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3 July 2014 |
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3 July 2014 |
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3 July 2014 |
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Motions to bar candidates from recontesting under Article 72(1)(a) and s93(1) were dismissed for lack of merit.
Constitutional law — Article 72(1)(a); Electoral law — section 93(1) Electoral Act; election petitions; relief to bar candidates from recontesting; interlocutory stay; test actions; costs in constitutional matters.
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2 July 2014 |
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A trial judge’s decision on merits without resolving preliminary issues is premature, a nullity, and warrants remittal.
Civil procedure – preliminary issues – trial judge determining merits without ruling on preliminary points – premature final determination – nullity; Appellate powers under section 25(1)(a) Supreme Court of Zambia Act – limits on rewriting lower court judgments; Requirement to prove counterclaim; Jurisdictional challenges to Industrial Relations Court decisions; Lands and Deeds Registry Act considerations.
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2 July 2014 |
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Applicant’s request to enforce Supreme Court electoral findings was dismissed as misconceived; enforcement must be pursued in the High Court.
Electoral law – Corrupt practices and post-judgment consequences – Enforcement of Supreme Court findings – Section 104 Electoral Act; section 9 Supreme Court Act – Procedural requirement to pursue enforcement in High Court.
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2 July 2014 |
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2 July 2014 |
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Supreme Court lacks power to generate the High Court's statutory post-election report; enforcement must proceed in the High Court.
Electoral law — Section 104(6) Electoral Act — statutory duty to prepare post-election report vested in the High Court — Supreme Court appellate jurisdiction — Section 9 Supreme Court Act enforcement — prohibition on running litigation in the Supreme Court — mandamus and separation of functions.
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2 July 2014 |
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1 July 2014 |
| June 2014 |
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23 June 2014 |
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Industrial Relations Court may review its orders to secure substantial justice; 'unless' orders against the applicant need proof of service.
Industrial Relations Court – power to review its own rulings – Rule 55 and section 85(6) – ends of justice – 'unless orders' ineffective without proof of service – stare decisis can yield to compelling reasons.
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23 June 2014 |
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Interlocutory injunction appropriate to preserve disputed improvements, but trial judge erred in ordering pre‑trial valuation and cost‑sharing.
Civil procedure — interlocutory injunction — Order 27 Rule 1 — application of American Cyanamid principles — preservation of status quo — improvements by bona fide purchasers in fraud — limits on interlocutory orders (valuation pre‑trial).
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18 June 2014 |
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16 June 2014 |
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15 June 2014 |
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12 June 2014 |
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8 June 2014 |
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Court upheld judgment entered after default and confirmed substantial damages for severe injuries and proved medical expenses.
Civil procedure – Order 35 HCR – closure of partially heard case and judgment in absence of parties; default and failure to apply to set aside; assessment of non‑pecuniary and special damages; proof of medical expenses; loss of expectation of life – currency fluctuation considered.
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4 June 2014 |
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Juvenile testimony in defilement cases requires corroboration, and reliable identification plus circumstances can sustain conviction.
Criminal law — Defilement — Juvenile witnesses require corroboration — Identification and circumstantial facts may constitute corroboration — Siblings as witnesses with possible interest — Voire dire for juveniles — Accused’s silence — Sentence within statutory range.
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3 June 2014 |