Lucian Chitalu and Ors v ZCCM and Anor (Appeal 183 of 2000) [2003] ZMSC 115 (1 July 2003)

IN THE SUPREME COURT FOR ZAMBIA HOLDEN AT LUSAKA APPEAL NO. 183A/2000 (Civil Jurisdiction) BETWEEN: LUCIAN CHIT ALU AND OTHERS APPELLANT AND ZCCM LIMITED COPPERBELT ENERGY CORPORATION PLC 1st RESPONDENT 2nd RESPONDENT Coram: Lewanika, DCJ, Chibesakunda and Mambilima, JJS on 11th September 2002 and 1st July 2003 For the Appellant: Mr, M. Masengu of Messrs. Masengu and Company For the 1st Respondent: None Appearance For the 2nd Respondent: Mrs. J. C. Chaila, Legal Counsel for Copperbelt Energy Corporation Pic RULING Chibesakunda, JS, delivered the Judgment of the Court Laws referred to: 1. The Supreme Court Rules Cap 25 On 11th September 2002 when we heard this motion we dismissed and promised to give reasons later. We now do so. The Applicants before us who were the Plaintiffs before the High Court sought inter alia the following relief:- 1. 2. 3. 4. 5. 6. A declaration that (a) the condition of sale of houses to employees by the 1st Respondent possession will be given until after two years (b) that the purchaser shall not charge rent more than 1.5% of the value of the house at both (a) and (b) above are appressive, illegal and null and void, more so that the affected ex employees are required to vacate ZCCM Houses in which they currently live in 90 days their last shift which was on 30th March 1998; A declaration that there was a breach of agreement on the part of the 2nd or 1st Respondent when the house loans were deducted without first converting the benefits in the Trust Fund to dollar unit and non-disclosure in writing by the 1st Respondent the value of service in trust to each applicant when transferring to 2nd Respondent as per collective agreement under 3 (b); An Order that there was underpayment of KI 15,00 per each applicant as the Kwacha/Dollar on 30th March 1998 the last day of the shift was at KI 765 00 not KI 650 00 on 17U1 March when the pay roll was run; An Order to the 2nd Respondent that they should pay the Education Assistance for three terms at K9000.00 per registered child per term in accordance with Rule 3.48 of the Standard Code Book 1996 Edition; An Order that just as Rule 3.51.8(b) provides employees to live in 1st Respondent's houses on separation the unhoused ex employees should be paid the unhoused allowance for three months; An Order that interest money on house loans beyond 30th March 1998 should be refunded to the Applicants because when the house loans were calculated at the time of granting the same the interests were calculated up to the time when an individual employee would attain age 55 years and the affected employees who were retrenched on 30th March 1998 were not 55 years on the above date and interest which was part of the loans should have been up to 30th March 1998 as the loan was paid off on 30th March 1998; 7. An Order that the conditions of Redemption of House loans a condition of the lsl Respondent from whence the Applicants were transferred to 2nd Respondent with all ZCCM conditions of service implemented; and 8. That all damages be paid with interest at current bank lending rate and costs. In the Judgment delivered by the High Court dated 20th February 2000 the learned trial Judge did not grant them interest as prayed. The matter came before us on appeal. The omission to award interest was not raised before us. Neither was it raised subsequently when the Respondents came back under the slip rule as provided in Rule 78 of the Supreme Court Rule Cap 25 (1). Now they seek to raise this point allegedly under the slip rule as provided under Rule 78 of the Supreme Court Rules. As we pointed out in the court during the hearing and as stated in the affidavit in opposition the applicants cannot raise this point as it was never raised in the appeal before us. Rule 78 in the Supreme Court Rules provides for omissions of points raised in the appeal. This point was not raised in the appeal. Therefore there was no slip on our part. We, therefore, dismiss this application with costs. D M Lewanika DEPUTY CHIEF JUSTICE L P Chibesakunda SUPREME COURT JUDGE I M C Mamhilima SUPREME COURT JUDGE