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Zambia decisions
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Harrison Phiri v Akaal Engineering Limited (COMP/IRCLK/305/2017) [2024] ZMHC 258 (30 September 2024)
The court held that the employer could not withhold benefits as compensation for alleged losses. Gratuity and notice pay were awarded, but leave pay and breach of contract claims failed.
Sokwani Peter Chilembo v Finance Bank Zambia Plc and Anor (Appeal No. 269 of 2021) [2024] ZMCA 259 (30 September 2024)
The Court of Appeal dismissed an employment appeal over redundancy, salary review, and constructive dismissal after a banking restructuring and transfer offer.
WBHO Construction (Zambia) Limited v Constain Simamba (2023/HP/ARB/005) [2024] ZMHC 160 (30 September 2024)
The High Court held that an arbitral ruling expunging a bundle of documents was a procedural order, not an award, and could not be set aside under section 17.
Annabel Flowers Limited v Kizito Kamuvwi Mulaisho And Anor (APP. NO. SP 58/2023) [2024] ZMCA 262 (30 September 2024)
The Court of Appeal dismissed Annabel Flowers Limited’s bid for leave to appeal and a stay, holding the intended appeal raised no public-importance point and no stay was justified.
Director of Public Prosecutions v Esther Nyawa Tembo Lungu (2023/HPEF/23) [2024] ZMHC 148 (27 September 2024)
The High Court granted non-conviction forfeiture of State Lodge properties, finding reasonable suspicion they were proceeds of crime and that the interested party failed to prove legitimate funding.
Jonas Ludiya v Pride Mwelwa and Ors (2021/HP/1563) [2024] ZMHC 152 (26 September 2024)
The defendants could not legally sell the property as they did not own it; the contract was void and the plaintiff is entitled to restitution of the full purchase price paid, less amounts already refunded, with interest and costs.
Source excerpt
Konkola Copper Mines Plc (In Liquidation) v Kumbele Mining Company Limited and Anor (2020/HKC/0044) [2024] ZMHC 188 (26 September 2024)
The High Court dismissed a stay of proceedings pending appeal, holding that the Plaintiff had not shown special circumstances or strong prospects of success.
Steven Katuka v George Phiri and Commissioner of Lands (2021/HP/0569) [2024] ZMHC 161 (25 September 2024)
The High Court allowed the Commissioner of Lands to enter appearance and file a defence out of time after finding service was not properly effected.
Fraser Associates (Suing as a Firm) v G4S Secure Solutions (Zambia) Limited (2024/HP/0676) [2024] ZMHC 151 (25 September 2024)
The High Court referred disputed legal fee bills to taxation under a retainer agreement after finding no proof that Fraser Associates acted without authority.
Jockim Sakala v Alice Banda (2019/HP/A027) [2024] ZMHC 163 (25 September 2024)
The High Court granted a vesting order transferring House No. 117/17 Kanyama to Alice Banda after finding no evidence of any loan security or encumbrance.
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