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Zambia decisions
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Maambo Simukuni v Tenyiwe (2021/HPA/013) [2024] ZMHC 192 (23 October 2024)
The High Court dismissed an application for stay of execution pending appeal, finding no proof of prospects of success or irreparable harm.
Walter Anderson v ASF Zambia Hotel Holding Ltd (COMP NO. IRCLK/642/2020) [2024] ZMHC 234 (21 October 2024)
The complainant failed to prove constructive dismissal as there was no fundamental breach by the employer; however, the respondent breached the contract by forcing the complainant to work post-resignation, entitling him to damages. The complainant is also entitled to properly calculated gratuity and leave pay, but not to a performance bonus or damages for mental anguish.
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Hangolo Choolwe v Consolidated Farming Limited (2022/HPIR/663) [2024] ZMHC 260 (17 October 2024)
The complainant was not a management or unionized employee and is a protected worker under the Minimum Wages and Conditions of Employment (General) Order, 2011. He is entitled to leave pay for 22 days, gratuity at 8.3% of basic pay from 8 December 2008 to 9 May 2020 and 25% from 10 May 2020 to 15 June 2022, salary arrears for December 2021, April 2022, and May 2022, and damages for constructive dismissal. The sum of K74,340.00 already paid is to be deducted from the total award.
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Clement Binto Chola v The People (APPEAL NO. 79,80/2023) [2024] ZMCA 267 (17 October 2024)
The Court of Appeal upheld a murder conviction, holding that a single identifying witness was reliable and the danger of mistaken identity had been excluded.
Brian Muniew Mukonda v The People (APPEAL NO. 121/2023) [2024] ZMCA 269 (17 October 2024)
The Court of Appeal of Zambia dismissed a murder appeal, holding that the eyewitness evidence was reliable and the circumstantial evidence pointed only to guilt.
Brain Muniwe Mukonda v The People (APPEAL NO. 121/2023) [2024] ZMCA 264 (17 October 2024)
The Court of Appeal of Zambia upheld a murder conviction, finding the deceased’s sister was a reliable witness and the circumstantial evidence pointed only to guilt.
Desmond Mubiana and Anor v Abraham Simwanza (2022/HN/393) [2024] ZMHC 303 (17 October 2024)
The High Court held the defendant personally liable on fish supply contracts, rejecting his claim that he contracted only for a company, and referred the debt for assessment.
Brian Muniwe Mukonda v The People (APPEAL NO. 121/2023) [2024] ZMCA 283 (17 October 2024)
The evidence, though circumstantial, was overwhelming and only supported the inference of guilt; PW1's identification was reliable and corroborated by the discovery of the deceased's clothes in the appellant's house; there was no evidence of bias or motive to falsely implicate; the appellant's alibi was not substantiated.
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Orange Finnacial Services Limited v Kelvin Mutale Mwaba (2024/HPC/0644) [2024] ZMHC 227 (16 October 2024)
The High Court declined to appoint a sole arbitrator, holding that the applicant should first seek appointment through the relevant arbitral institution under the Arbitration Act.
Bernadette Mwate v Baobab College (2023/HPIR/976) [2024] ZMHC 242 (15 October 2024)
The High Court in Lusaka dismissed an ex parte summons to discharge leave allowing the complainant to testify by video link, keeping the earlier order in place.
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