Nyoka v Zambia National Commercial Bank PLC (Appeal 28 of 2004) [2005] ZMSC 9 (6 June 2005)
The court found that the appellant's dismissal was not wrongful as the respondent had just cause based on the evidence of unauthorized entries, and therefore the claim for damages was dismissed.
Source-derived case information.
- Citation
- [2005] ZMSC 9
- Parties
- Appellant: Nelly Nyoka; Respondent: Zambia National Commercial Bank PLC
- Court
- Supreme Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- Appeal 28 of 2004
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Wrongful Dismissal, Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelly Nyoka
Appellant
Zambia National Commercial Bank PLC
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant was wrongfully dismissed from employment
- 2 Whether the appellant is entitled to damages for wrongful dismissal
Ratio Decidendi
The court found that the appellant's dismissal was not wrongful as the respondent had just cause based on the evidence of unauthorized entries, and therefore the claim for damages was dismissed.
Court Disposition
appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF ZAMBIA APPEAL NO. 28a/2004 HOLDEN AT NDOLA (CIVIL JURISDICTION) BETWEEN: NELLY NYOKA (cid:9) AND APPELLANT ZAMBIA NATIONAL COMMERCIAL BANK RESPONDENT PLC CORAM: LEWANLKA, DCJ., MAMBILIMA, SILOMBA, JJS On 1st June, 2004 and 6th 2005. For the Appellant: (cid:9) For the Respondent: (cid:9) D. MULENGA of Malctuigu & Co. A. SIWILA, Legal Counsel, ZANACO JUDGMENT LEWANIKA, DCJ delivered the judgment of the Court. AUTHORITIES REFERRED TO: WILSON MASAUSO ZULU VS AVONDALE HOUSING PROJECT LIMITED, 1982 Z. R. ATTORNEY-GENERAL VS MARCUS KAPUMBA ACHIUME, 1983, Z. R. I This is an appeal against the decision of a Judge of the High Court dismissing the Appellant's claim for damages for wrongful dismissal. The evidence on record is that the Appellant was employed by the Respondent Bank in lits ledger department. It is common cause that on 16th March, 1999 the Zambia National Oil Company instructed the Zambia National Commercial Bank Business Centre at Ndola where the Appellant was employed to prepare a cheque in the sum of K231,651,047.94 payable to the Zambia Revenue Authority by debiting THEIR CURRENT ACCOUNT. It is also common cause that on the same day the Appellant prepared the entries debiting the Zambia National Oil Company by K231,651,047.94 and crediting the cheques issued account