Supreme Court of Zambia - 2016 November

9 judgments
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Results. 9 judgments found.

9 judgments
November 2016
29 November 2016
Court awarded additional damages for mental anguish and full costs after finding procedural unfairness and appellate-rule default.
  • Employment law — wrongful/unfair termination — failure to observe disciplinary/natural justice procedures; Damages — mental anguish and distress recognised as separate head of damages; Costs — costs follow the event; Civil procedure — non-compliance with appellate rules (Rule 58(2)) results in dismissal of grounds.
29 November 2016
29 November 2016
24 November 2016
16 November 2016
11 November 2016
Whether Order 39 review may correct trial errors or whether such errors must be remedied on appeal, and admissibility of unpleaded evidence.
  • Civil procedure — Review under Order 39 — discretion and limited grounds for reopening judgments; admission of unpleaded evidence — effect where not objected to; consent orders — limits on varying by court; errors of law/fact to be corrected on appeal, not review.
11 November 2016
Whether the deceased’s statements qualified as res gestae and were admissible; appeal dismissed.
  • Criminal law — murder — admissibility of deceased’s extra‑judicial statements — res gestae exception to hearsay (test: spontaneity, involvement, and absence of opportunity for concoction) — recording of statements of the dangerously ill (s237 CPC) — post‑mortem corroboration.
1 November 2016
Whether a union General Council may lawfully impose indefinite suspension and when a secretary‑general’s directive amounts to an unlawful suspension.
  • Labour law — Trade union disciplinary procedure — Jurisdiction of General Council to suspend elected officers beyond 90 days — Unlawful unilateral suspension by Secretary‑General — Entitlement to half‑pay during lawful suspension — Procedural fairness in removal from payroll — Funeral grant under Conditions of Service.
1 November 2016