Raphael Mwale Mulenga and Anor v CNMC Luanshya Copper Mines Pls (COMP/IRC/ND/82/2020) [2024] ZMHC 253 (9 December 2024)
Court
High Court of Zambia
Case number
COMP/IRC/ND/82/2020
The complainants' failure to report theft, despite witnessing it, constituted a breach of the implied duty of loyalty and fidelity, justifying summary dismissal. The respondent followed the disciplinary process, gave the complainants an opportunity to be heard, and substantiated the reason for dismissal. The disciplinary code allowed for discretion in penalties. The dismissals were neither wrongful nor unfair, and the complainants were not entitled to reinstatement or further payment.
Food Reserve Agency v Lusaka Province Co-Operative Union Limited (2023/HP/ARB/002) [2024] ZMHC 279 (9 December 2024)
Court
High Court of Zambia
Case number
2023/HP/ARB/002
The arbitral award was set aside because the arbitrator failed to determine the applicant's counterclaim, rendering the award invalid for not addressing all issues submitted for arbitration. Other grounds advanced by the applicant, including alleged procedural unfairness, delay, and public policy violations, were dismissed as lacking merit. The respondent's affidavit in opposition was found to have been filed within the required time and was not expunged.
Golden Lotus Insurance Company Limited v Zesco Limited and Ors (APPEAL No. 206 of 2022) [2024] ZMCA 332 (9 December 2024)
Court
Court of Appeal of Zambia
Case number
APPEAL No. 206 of 2022
The Court of Appeal dismissed an insurance company’s challenge to a called performance bond, holding that fraud was not proved and the bond was payable on demand.
Regina Mpampi v Danielle Stavio Morelli and Anor (Appeal No. 119/2024) [2024] ZMCA 337 (9 December 2024)
Court
Court of Appeal of Zambia
Case number
Appeal No. 119/2024
The appeal was dismissed because the appellant failed to prove fraud in the procurement of the original judgment, the issues raised had already been determined in the prior action making the new action a multiplicity of actions and res judicata, the evidence from criminal proceedings could not be relied upon as the sole basis for the civil claim, and a High Court Judge cannot set aside the judgment of another Judge of equal jurisdiction. The lower court's invocation of Order 14A was proper as the issues were procedural and dispositive.
Marvin Sana and 69 Ors v Concorde Construction (Appeal No. 98/2024) [2024] ZMCA 338 (9 December 2024)
Court
Court of Appeal of Zambia
Case number
Appeal No. 98/2024
The lower court erred in holding it had no jurisdiction to entertain the application for substitution of the Respondent's name after one year and after judgment, as the Supreme Court has overturned the Guardall decision and affirmed that courts retain such jurisdiction to ensure all necessary parties are before the court and to avoid multiplicity of actions.
Lapinta Road Network Limited v Bed- Rock Network Limited (2024/HN/420) [2024] ZMHC 255 (9 December 2024)
Court
High Court of Zambia
Case number
2024/HN/420
The misnaming of the Plaintiff was a curable misnomer and not grounds for expunging the Defendant's documents. The Plaintiff failed to establish irreparable harm or that damages would not suffice; thus, the requirements for an interim injunction were not met and the ex-parte order was discharged.
Albatross Mining Limited v Zamastone Limited and Ors (2024/HP/1527) [2024] ZMHC 282 (3 December 2024)
Court
High Court of Zambia
Case number
2024/HP/1527
The Plaintiff failed to demonstrate good and sufficient grounds or high prospects of success in the application to set aside the Partial Consent Judgment. The existence of legal representation for the Plaintiff at the time of entering the Consent Judgment undermined the argument of lack of comprehension. Therefore, there is no justification to deny the Defendants immediate enjoyment of the judgment.