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Supreme Court of Zambia - 2023 February

4 judgments
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4 judgments
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Judgment date
February 2023
Attorney General v Siakakole and Ors (Appeal 4 of 2021) [2023] ZMSC 4 (23 February 2023)
Review application filed before an appeal does not justify reopening judgment absent genuine fresh evidence.
Civil procedure — review of judgment (Order XXXIX r.1) — timing of leave to appeal — review barred only if leave and appeal exist when review application filed — fresh evidence for review must pre-exist judgment, be undiscoverable with reasonable diligence, and be material — subsequent charging/arraignment not fresh evidence.
 23 February 2023
Zamesco Ltd v Nakonde District Council (Appeal 209 of 2016) [2023] ZMSC 2 (17 February 2023)
A council must make the requisite by-laws/standing orders before imposing levies; parking levy by public notice was unlawful and refundable.
Local Government Act (ss.69, 70) - By-laws mandatory for imposition of levies; standing orders required for council contracts (ss.63,64) - Public notice insufficient for parking levies - Unjust enrichment and restitution.
 17 February 2023
Zambia National Commercial Bank Plc v Ernestina Sakala and 62 Ors (APPEAL NO. 13/2021) [2023] ZMSC 21 (9 February 2023)
Respondents who voluntarily accept revised separation terms by applying under the scheme are treated as having accepted the contractual variation.
Employment law – Variation of contractual terms – Acceptance by conduct – Voluntary separation scheme – Terminal benefits – Multiplier applied to gross pay – Recalculation of benefits – Early retirement claims.
 9 February 2023
Zambia National Commercial Bank PLC v Sakala and 62 Ors (Appeal 13 of 2021) [2023] ZMSC 3 (9 February 2023)
Employees who voluntarily exit under a revised separation scheme can be deemed to have accepted the revised terms by their conduct.
Employment law – Variation of contractual terms – Acceptance by conduct – Voluntary separation scheme – Calculation of terminal benefits – Unilateral variation – Early retirement and statutory amendments (non‑retrospective).
 9 February 2023