Hantumbu v Katete Riverside High School (COMP NO. IRC LK/427 /2017) [2021] ZMHC 69 (31 May 2021)
Complainant is owed salary arrears and leave days, but not gratuity or damages for breach of contract due to lack of evidence.
Source-derived case information.
- Citation
- [2021] ZMHC 69
- Parties
- Complainant: Clement Hantumbu; Respondent: Katete Riverside High School
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- COMP NO. IRC LK/427 /2017
- Procedural Posture
- Civil / Judgment
- Outcome
- Successful with costs; matter referred to Registrar for assessment of exact amounts due for salary arrears and leave days.
- Legal Topics
- Salary Arrears, Leave Days, Gratuity, Damages for Breach of Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clement Hantumbu
Complainant
Katete Riverside High School
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the complainant is owed salary arrears and leave days
- 2 Whether the complainant is entitled to gratuity and damages for breach of contract
Ratio Decidendi
Complainant is owed salary arrears and leave days, but not gratuity or damages for breach of contract due to lack of evidence.
Court Disposition
Successful with costs; matter referred to Registrar for assessment of exact amounts due for salary arrears and leave days.
Orders
- Matter referred to Registrar for assessment of salary arrears and leave days
- Complainant awarded costs
Full Case Text
Judgment text and source record
1 paragraphs
Jl IN THE HIGH COURT FOR ZAMBIA INDUSTRIAL HOLDEN AT LUSAKA (Civil Jurisdiction) RELATIONS DIVISION COMP NO. IRC LK/427 /2017 BETWEEN: CLEMENT HANTUMBU AND KATETE RIVERSIDE HIGH SCHOOL RESPONDENT CORAM: Hon. E. MWANSA Esq JUDGE APPEARANCES: For the Complainant Mr. Z. Sinkala -Messrs Muleza, Mwiimbu and Co. For the Respondent Not Before Court JUDGEMENT In thi� case the Complainant seeks: (a) Salary arrears, from April 2015 to May 2017 (K42,000). (b) NAPSA (c) Gratuity (d) Personal Lap Top (e) Damages for breach of contract J2 Costs and any other benefits the Court may order. On the return date, the Respondent was not in Court. Having satisfied myself that service was proper and effective, I decided to hear the Complainant. From that evidence as considered together with the Answer filed, I am satisfied that there is some form of money owed to the Complainant in form of salary arrears and leave days. No gratuity nor damages for breach of contract are due for lack of evidence. But I am unable to exactly pin point how much. So this matter is referred to the Honourable Registrar so that she/he may receive more evidence on what exactly is due to the Complainant, for salary arrears and leave days. In a nutshell, this case is successful with costs. Dated this ................ day of. ......................................... E. MWANSA JUDGE