Misheck Moonga and Anor v Zambia National Commercial Bank Ltd (Appeal 52 of 2002) [2003] ZMSC 26 (11 July 2003)
The court held that since the lower court gave no reason for denying interest from the date of institution to the date of judgment, and as there was no justification for such deprivation, the appellants were entitled to interest for that period.
Source-derived case information.
- Citation
- [2003] ZMSC 26
- Parties
- Appellant: Misheck Moonga; Appellant: Nezbert Maonde; Respondent: Zambia National Commercial Bank Limited
- Court
- Supreme Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- Appeal 52 of 2002
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Interest on Judgment, Discretion of Court, Employee Benefits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Misheck Moonga
Appellant
Nezbert Maonde
Appellant
Zambia National Commercial Bank Limited
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellants were entitled to interest from the date of institution of proceedings to the date of judgment
- 2 Whether the court below erred in not awarding such interest without giving reasons
Ratio Decidendi
The court held that since the lower court gave no reason for denying interest from the date of institution to the date of judgment, and as there was no justification for such deprivation, the appellants were entitled to interest for that period.
Court Disposition
appeal allowed
Orders
- Appellants awarded interest at the average short term deposit rate as determined by the Bank of Zambia for the period 6th February, 1997 to 13th August, 2001
- Costs to the appellants, to be taxed in default
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF ZAMBIA HOLDEN AT LUSAKA (CIVIL JURISDICTION) APPEAL NO. 52/2002 BETWEEN: MISHECK MOONGA (cid:9) NEZBERT MAONDE (cid:9) AND 1ST APPELLANT 2ND APPELLANT ZAMBIA NATIONAL COMMERCIAL (cid:9) BANK LIMITED RESPONDENT CORAM: LEWANIICA, DCJ., CHIBESAKUNDA, CHITENGI, JJS On 4th July, 2002 and Il th July 2003. For the Appellant: (cid:9) For the Respondent: (cid:9) S. S. PHIRI of S. S. Phiri & Co. Miss M. K. CHALWE, Legal Counsel of ZANACO LEWANIKA, DCL, delivered the judgment of the court. JUDGMENT This is an appeal against the award of interest granted to the Appellants by the Industrial Relations Court. The Appellants had succeeded in their claims against the Respondent in the Industrial Relations Court and in its judgment that Court made the following orders:- order that the Is' complainant be deemed to have retired in accordance with the package that existed at the time of his dismissal; we further order in relation to the 2nd complainant that he be deemed retrenched and be paid the package which existed at the time for retrenched employees; (cid:9) 3. (cid:9) we further order that the packages for both complainants accrue interest from the date of judgment to date of payment at the current Bank of Zambia lending rate. As pointed out by counsel for the Appellants no interest was awarded to the Appellants from the date of institution of the proceedings herein to the date of judgment and no reason for not doing so was given by the Court below. Whilst we appreciate that the award of interest is in the discretion of the Court, there must be a good reason for depriving a successful litigant of his claim for interest. In this case no such reason was given by the Court and we would assume that there was an oversight on the part of the Court. We note from the record that the proceedings herein were instituted on 6'h February, 1997 and the Judgment delivered on 13th August, 2001. We would allow the appeal and award the Appellants interest at the average short term deposit rate as determined by the Bank of Zambia for the period 6th February, 1997 to 13th August, 2001 and costs. The costs are to be taxed in default. D. M. Lewanika DEPUTY CHIEF JUSTICE L. P. Chibesakunda SUPREME COURT JUDGE P. CHITENGI SUPREME COURT JUDGE 3