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Citation
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Judgment date
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| March 2019 |
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A fresh action after an unchallenged summary judgment was duplicative and abusive; the correct remedy was to apply to set aside the earlier judgment.
Civil procedure – duplicity of actions – abuse of process – execution of summary judgment – remedy to set aside default/summary judgment – risk of conflicting judgments.
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11 March 2019 |
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Interlocutory injunction set aside: no serious question on receivership validity; matter fit for transfer to Commercial Division.
Injunctions — American Cyanamid threshold — serious question to be tried; Receivership — power under debenture/mortgage to appoint receiver when monies due; Demand — no requirement for fresh demand where security permits appointment; Companies Act s371 — Registrar’s acceptance of late lodgment; Civil procedure — transfer to Commercial List (Commercial Division).
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11 March 2019 |
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Interlocutory injunction set aside; receiver appointment under debenture posed no serious question and case transferred to Commercial List.
Injunction — American Cyanamid threshold; receivership — validity of appointment under mortgage/debenture; effect of discontinuance on power to appoint receiver; requirement of fresh demand; lodgment with Registrar — s.371 Companies Act; transfer to Commercial List.
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11 March 2019 |
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Acceptance of a refund rescinded the sale, extinguishing the buyer's proprietary interest; repayment did not revive the contract.
Contract law — rescission by agreement — acceptance of refund of purchase price extinguishes original contract for sale of land; repayment does not revive rescinded contract absent enforceable written agreement. Local government/land alienation — sale or lease of council land requires full council (and where applicable ministerial) approval under the Local Government Act; absence of such approval renders alienation unenforceable. Proof of forgery — irregularity in offer letter insufficient where forgery not proved. Agency/ostensible authority — acts of council officers examined but rescission governs outcome
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11 March 2019 |
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11 March 2019 |
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The Act permits prompt destruction of animals for disease control without prior individual notice; compensation excludes consequential losses.
Animal Health Act — disease control powers of veterinary officers — destruction of animals without prior individual notice; s6(1)–(3), s22–23, s70 (compensation), s72(1)–(2) (appeals) — Gazette and sensitization meetings as adequate notice — exclusion of loss of profit from compensation.
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11 March 2019 |
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Certificate of title in customary area may be cancelled for procedural irregularity, not only fraud; conversion to title ends customary tenure.
Land law — Certificate of title — Cancellation not limited to fraud; irregularity or failure to follow statutory/customary alienation procedures can vitiate title — Joinder of prior vendor not always necessary — Case management and closure of evidence — Conversion to leasehold removes customary tenure.
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11 March 2019 |
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Judicial review cannot substitute merits; tribunal's findings were within scope, not Wednesbury-unreasonable, and appeal dismissed as academic.
Judicial review – scope limited to decision-making process not merits; Illegality – decision within tribunal’s terms of reference; Irrationality – Wednesbury unreasonableness standard; Procedural impropriety – no denial where terms of reference issues were appropriately dealt with; Academic and abuse of process; Costs awarded.
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11 March 2019 |
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Procedural lapses cannot invalidate dismissal when facts establish a dismissible offence; judgment sums must be ascertained before execution.
Employment law – wrongful/unfair dismissal – procedural irregularity (unsigned disciplinary minutes) – when substantiating facts negate procedural nullity; Civil enforcement – writ of fi.fa – requirement that judgment sums be ascertained by court/assessment before execution; Costs – Industrial Relations Court Rule 44(1) limits costs awards to specified misconduct; Sheriffs Act s.14(2) – liability for irregular execution; s.85(5) substantial justice not a licence to override statutory liabilities.
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11 March 2019 |
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Whether assurances about a third‑party investor, proof of interest, and a corporate restructuring transferred MMI liabilities.
Banking law (s.29) – corporate restructuring – vesting only of expressly transferred assets/liabilities; Contract law – distinction between contractual terms and mere representations; Burden of proof for interest claims – insufficient evidence cannot be referred for assessment; Privity/novation and assignment of obligations.
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7 March 2019 |
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Purchaser in possession may recover vehicle damages despite incomplete transfer; unlit trailer negligence and unpleaded contributory negligence fatal to defence.
Road traffic negligence — Unlit/unmarked trailer as negligent obstruction — Purchaser in possession has inchoate interest to sue despite incomplete transfer — Illegality (uninsured/unlicensed operation) does not bar recovery of vehicle damage but precludes business loss — Contributory negligence must be specifically pleaded.
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7 March 2019 |
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Purchaser in possession may sue for vehicle damage; illegality of use does not bar negligence recovery; contributory negligence must be pleaded.
Road traffic negligence — Liability for collisions with unlit/ unmarked obstruction — Locus to sue with equitable possession though legal registration pending — Illegality of vehicle use does not automatically bar tort claim — Contributory negligence must be specifically pleaded.
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7 March 2019 |
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Appeal dismissed: trial court properly relied on a 2007 traditional-court judgment and eyewitness evidence to vest disputed customary land in the deceased Robinson’s estate.
Customary/traditional land – ownership and succession – authenticity and effect of traditional court judgments – appellate review of findings of fact – standard for overturning factual findings.
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7 March 2019 |
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Whether a traditional court judgment and witness evidence established that untitled customary land formed part of the respondent's estate.
Customary land – ownership – traditional court judgments – authenticity and finality of traditional court decisions – weight of eyewitness oral evidence – appellate review of findings of fact in land and succession disputes.
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7 March 2019 |
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A court may not award damages for negligence that was neither pleaded nor proved on the evidence.
Civil procedure — Pleadings — Negligence must be specifically pleaded and proved; trial court must not decide unpleaded causes; employer's duty of care and safe system of work; limits of Section 13 High Court Act; evidence on unpleaded matters considered only if led and unobjected to.
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7 March 2019 |
| 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 |
| January 2019 |
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Whether tenants’ responses and deposits created interests versus a purchaser’s protected registered title under Section 58.
Property law — invitation to treat v. offer; agency and authority to sell; registered title protection under Section 58 Lands & Deeds Registry Act; bona fide purchaser; mesne profits and standard rent; proof of payment of purchase price.
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31 January 2019 |
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A conditional advance payment guarantee requires strict compliance by the beneficiary’s demand; non-compliant demand invalidates payment.
Bank guarantees – Advance payment guarantee – condition precedent – beneficiary’s demand must comply with specified wording declaring misuse of funds – contractual interpretation – distinction from unconditional on-demand guarantees – proof of pre-judgment interest – refund and restitution of deposit and mortgaged property.
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30 January 2019 |
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Entitlement to a critical area allowance is conditional and subject to the employer’s statutory discretion and designation of eligible posts.
Employment law – contractual conditions for allowances – Statutory Instrument and Administration Manual granting employer discretion to designate eligible posts and accept professional membership – entitlement not automatic upon production of certificate – personal‑to‑holder allowance does not create a successor right.
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30 January 2019 |
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The appellant's application to restore and amend an incompetent motion challenging final judgments was dismissed for procedural incompetence and finality.
Civil procedure – Supreme Court Rules – Rule 71(b) (restoration) and Rule 78 (interpretation) – restoration and amendment of an incompetent motion refused; finality of judgments; representation issue where a company’s General Manager files a motion; amendments seeking to revisit final judgments prejudicial and untenable.
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21 January 2019 |
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Participation in proceedings does not cure absence of formal joinder; joinder requires strict compliance with procedural rules.
Civil procedure — Joinder of parties — Requirement for summons and supporting affidavit — Inherent jurisdiction — Participation in proceedings does not substitute for formal joinder — Strict compliance with rules of court.
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15 January 2019 |