Hotel and Tourism Training Institute Trust v Chibesa (Appeal 56 of 2000) [2003] ZMSC 30 (27 August 2003)

IN THE SUPREME COURT FOR ZAMBIA APPEAL NO. 56/2000 HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: HOTEL AND TOURISM TRANING INSTITUTE (cid:9) TRUST APPELLANT AND HAPPY CHIBESA RESPONDENT Coram: (cid:9) Sakala, CJ, Chibesakunda and Mambilima, JJS on 17th July 2002 and 27TH august 2008 For the Appellant: For the Respondent: Mr. N Nchito of Messrs. MNB Chambers Mr. T. S. Chilembo of Messrs. T. S. Chilembo Chambers RULING Chibesakunda, JS, delivered the Judgment of the Court Laws referred to: 1. (cid:9) The Supreme Court Rules, Rule 78 Cap. 25 This is a notice of motion pursuant to Rule 78 of the Supreme Court Rules, Cap. 25 (1). We had heard the appeal in this case on llth September 2001. We delivered our judgment on 14th February 2002. It is this judgment, which the Appellant is asking us to relook at under the slip rule. We regret the delay in delivering this ruling (cid:9) (cid:9) (cid:9) In our Judgment at page is we held that, "The Respondent, like the four (4) former employees, was employed by the Appellants in the kitchen and did the same job. So there was no justification for the Appellants to only pay to the four (4) former employees a better package than to the Respondent. We therefore dismiss the appeal with costs." The Appellants who are the Applicants before us now in paragraphs 7 — 8 of their affidavit referred us to this portion of our judgment and have submitted that this was a slip on the part of the Court as the Respondent was not employed in the Kitchen as erroneously stated in our judgment. He was employed as a Chief Accounting Officer until when he was retrenched. We have looked at the record again. We accept that the Appellants are correct in pointing out this slip in our Judgment. In our Judgment we should have said, "the Respondent was employed in the Accounts Section as Chief Accounting Officer? Other than for that correction there was no other slip in our previous Judgment of 14th February 2001. The motion is therefore dismissed. We order no costs. E L Sakala CHIEF JUSTICE L P Chibesakunda SUPREME COURT JUDGE I C M Mambilima SUPREME COURT JUDGE