Nyoka v Zambia National Commercial Bank PLC (Appeal 28 of 2004) [2005] ZMSC 9 (6 June 2005)

IN THE SUPREME COURT OF ZAMBIA APPEAL NO. 28a/2004 HOLDEN AT NDOLA (CIVIL JURISDICTION) BETWEEN: NELLY NYOKA (cid:9) AND APPELLANT ZAMBIA NATIONAL COMMERCIAL BANK RESPONDENT PLC CORAM: LEWANLKA, DCJ., MAMBILIMA, SILOMBA, JJS On 1st June, 2004 and 6th 2005. For the Appellant: (cid:9) For the Respondent: (cid:9) D. MULENGA of Malctuigu & Co. A. SIWILA, Legal Counsel, ZANACO JUDGMENT LEWANIKA, DCJ delivered the judgment of the Court. AUTHORITIES REFERRED TO: WILSON MASAUSO ZULU VS AVONDALE HOUSING PROJECT LIMITED, 1982 Z. R. ATTORNEY-GENERAL VS MARCUS KAPUMBA ACHIUME, 1983, Z. R. I This is an appeal against the decision of a Judge of the High Court dismissing the Appellant's claim for damages for wrongful dismissal. The evidence on record is that the Appellant was employed by the Respondent Bank in lits ledger department. It is common cause that on 16th March, 1999 the Zambia National Oil Company instructed the Zambia National Commercial Bank Business Centre at Ndola where the Appellant was employed to prepare a cheque in the sum of K231,651,047.94 payable to the Zambia Revenue Authority by debiting THEIR CURRENT ACCOUNT. It is also common cause that on the same day the Appellant prepared the entries debiting the Zambia National Oil Company by K231,651,047.94 and crediting the cheques issued account