Mumba v Maamba Collieries Limited (S.C.Z. Judgment 19 of 1989) [1989] ZMSC 3 (16 January 1989)

Mumba v Maamba Collieries Limited (S.C.Z. Judgment 19 of 1989) [1989] ZMSC 3 (16 January 1989)

The defendant failed to disclose any bona fide defence or sufficient facts to entitle him to defend the action. The counterclaim for 'unknown services' was vague, lacked merit, and was properly disallowed. Summary judgment was appropriate.

Citation
[1989] ZMSC 3
Parties
Defendant: Garnet Industries Ltd; Plaintiff: David Richard Everson
Court
Supreme Court of Zambia
Jurisdiction
Zambia
Judgment Date
16 January 1989
Case Number
S.C.Z. Judgment 19 of 1989
Procedural Posture
Civil / Appeal From Summary Judgment
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Counterclaim, Employment Contract
Source Language
English
Civil Procedure Summary Judgment Counterclaim Employment Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Garnet Industries Ltd

Defendant

David Richard Everson

Plaintiff

Procedural Posture

Civil / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether summary judgment was appropriate where the defendant raised a vague counterclaim
  2. 2 Whether a counterclaim for unspecified secret profit constitutes a triable issue

Ratio Decidendi

The defendant failed to disclose any bona fide defence or sufficient facts to entitle him to defend the action. The counterclaim for 'unknown services' was vague, lacked merit, and was properly disallowed. Summary judgment was appropriate.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs to be taxed in default of agreement.