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Citation
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Judgment date
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| February 2019 |
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Whether a court may dispense with a missing penal notice on a prohibitory order so committal proceedings may proceed.
Civil procedure — committal for contempt; Penal notice — Order 45 r.7(6) — discretion to dispense with failure to endorse penal notice on orders restraining action; No discretion where order requires positive act; Appellate procedure — grounds of appeal and issues not raised below.
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28 February 2019 |
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The respondent bank could lawfully charge compound interest and must recover its secured debt before appellants’ redundancy payments.
Banking/secured creditors – mortgage clause providing for "monthly rests" permits compound interest; receiver is agent of company under receivership; non-performing loan regulations permit manual computation of interest; secured creditor’s priority over redundancy claims from receivership proceeds.
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28 February 2019 |
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Statutory transfer of departmental liabilities permits substituting the Authority for the Attorney General in pending proceedings.
Statute—Civil Aviation Authority Act, second schedule—statutory transfer of departmental affairs, assets, rights and obligations—continuation of pending proceedings by or against successor authority; substitution of parties; privity of contract; functus officio; Order 16 High Court Rules; State Proceedings Act.
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22 February 2019 |
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Statutory transfer of departmental rights and liabilities authorises substitution of the Authority for the Attorney General in related pending proceedings.
Civil Aviation Authority Act (2nd Schedule s3, s5(2)) – statutory transfer of departmental affairs, assets, rights and obligations – substitution of parties – continuation of proceedings by/against successor authority; Privity of contract and agency – limits when statute transfers liabilities; Functus officio and substitution post-judgment; State Proceedings Act and procedural rules considered.
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22 February 2019 |
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Late payment in lieu of notice rendered dismissals wrongful; gratuity not payable absent contract completion and satisfactory report.
Employment law – fixed-term contracts – termination by payment in lieu of notice – late payment renders dismissal wrongful (breach of contract); gratuity payable only upon completion and satisfactory end-of-contract report; damages for wrongful dismissal ordinarily equal notice period; interest may compensate delayed payment.
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22 February 2019 |
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Late payment of salary in lieu rendered the respondent’s termination wrongful; gratuity required contract completion and report.
Employment law – wrongful versus unfair dismissal – payment in lieu of notice as valid termination – late payment renders dismissal wrongful – gratuity payable only on completion and satisfactory end-of-contract report – damages for wrongful dismissal generally equivalent to notice period; distress damages require exceptional proof.
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22 February 2019 |
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Appeal dismissed: trial findings of reciprocal defamation and damages upheld; defences of justification and qualified privilege failed.
Defamation — publication of spoken statements to press — republication and liability — justification and qualified privilege — attribution of third‑party online comments — compensatory and exemplary damages.
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22 February 2019 |
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Appeal dismissed: prior final warning subsisted and proven insubordination justified dismissal; no breach of natural justice.
Employment law — dismissal for insubordination and false evidence — applicability of disciplinary code — effect of prior final warning with no expiry — natural justice and opportunity to be heard.
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22 February 2019 |
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Gratuity is computed on the last drawn basic salary at separation; estoppel defence failed; interest recalculated at statutory rates.
Employment law – terminal benefits/gratuity – computation on conditions of service at separation – last drawn basic salary vs segmented yearly basic salary; estoppel and breach of fiduciary duty – counterclaim dismissed; interest on judgment – statutory rates (average short-term deposit rate to judgment, Bank of Zambia lending rate thereafter).
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22 February 2019 |
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Gratuity at contract end is computed using the salary applicable at separation; estoppel and trial interest order rejected.
Employment law — gratuity/terminal benefits — computation on salary applicable at separation; contract interpreted as single unit; estoppel and counterclaim not proved; judgment interest apportioned: average short-term deposit rate (writ to judgment) then Bank of Zambia lending rate (judgment to payment).
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22 February 2019 |
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Inordinate delay in seeking extension of time, not settlement negotiations, justified refusal to grant leave to appeal.
Appeals – extension of time – inordinate delay – ex-curia settlement negotiations do not stop appeal time – section 13 Court of Appeal Act – relevance of prospects of success limited to leave application.
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19 February 2019 |
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Failure to pay terminal benefits on the last day breached the agreement, but acceptance of instalments and upkeep allowances barred damages.
Employment law – collective agreement – terminal (retirement) benefits payable on last working day – repatriation benefits and upkeep allowance – construction of clauses 4.3 and 7 – breach, mitigation, waiver/estoppel – inability to pay not determinative.
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8 February 2019 |
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Whether a pension commutation recovery can be challenged despite statutory protections and estoppel.
Pension law — pension commutation advances and consensual recovery; scope of Section 31 Pension Scheme Regulation Act; estoppel; exclusivity of employment exit modes (early retirement v redundancy); conflict of interest by former legal advisor/trustee.
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6 February 2019 |
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Whether an employee who authorised repayment of a pension advance can later reclaim it, and whether pension-protection statutes apply.
Pension law – commuted pension advance – recovery and repayment by consensual arrangement; Pension Scheme Regulation Act s.31 – applies to execution/attachment following judgment, not consensual refunds; Estoppel – bar to recovery where member authorised deduction; Employment law – mode of exit (early retirement vs redundancy) determines benefits; Fiduciary duty – conflict of interest and admonition of former legal counsel/trustee.
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6 February 2019 |