Zambia Case Law

ZDA- Henan Guoji Development Company v Alex Mothusi Kufi (APPEAL NO. 118 OF 2022)

ZDA- Henan Guoji Development Company v Alex Mothusi Kufi (APPEAL NO. 118 OF 2022) [2024] ZMCA 83 (29 February 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 118 OF 2022

The Court held that the varied commission rate of 2% only applied to customers introduced after 1st September 2020, as the variation letter did not provide for retrospective effect. The Court further held that commission is to be paid as and when customer payments are received, not as a lump sum, as per the established practice and implied terms of the contract.

Source excerpt

• Variation of contract
• Payment of commission
• Sanctity of contract
• Retrospective application of contract terms

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Beatrice Mwendaofyo v Rapid Freightt International Limited and Wallet Freight- Zambia Limited (APPEAL NO. 106 OF 2022)

Beatrice Mwendaofyo v Rapid Freightt International Limited and Wallet Freight- Zambia Limited (APPEAL NO. 106 OF 2022) [2024] ZMCA 84 (29 February 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 106 OF 2022

The Court of Appeal partly allowed an appeal over freight shipment disputes, setting aside storage charges and ordering release of the appellant’s goods.

• Breach of contract
• Agency
• Storage charges
• Evidence
• Damages
• Breach-of-contract

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Moonda Jane Mungaila- Mapiko and John Muchabi (Suing on behalf of the Traditional Council of Mungaila Royal Establishment) v Victor Makaba Chaande (Appeal No. 94/2022; CAZ/08/89/2022)

Moonda Jane Mungaila- Mapiko and John Muchabi (Suing on behalf of the Traditional Council of Mungaila Royal Establishment) v Victor Makaba Chaande (Appeal No. 94/2022; CAZ/08/89/2022) [2024] ZMCA 90 (29 February 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 94/2022 ; CAZ/08/89/2022

The Court of Appeal dismissed an appeal over the succession to Chief Mungaila V, holding that the selection process followed Ila custom and the trial court’s factual findings stood.

• Chieftaincy succession
• Customary succession procedures
• Role of royal family in succession
• Traditional leadership disputes
• Chieftaincy-succession
• Customary-law

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Stephen Muyunde Sakala v New Future Finance Company Limited and China Hua Shun Group Zambia Investment Company Limited (Appeal No. 92/2022; CAZ/08/82/2022)

Stephen Muyunde Sakala v New Future Finance Company Limited and China Hua Shun Group Zambia Investment Company Limited (Appeal No. 92/2022; CAZ/08/82/2022) [2024] ZMCA 91 (29 February 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 92/2022 ; CAZ/08/82/2022

The Court held that the parties entered into a valid contract of sale with a buy-back option, not a loan or mortgage agreement. The appellant failed to prove fraud, mistake, or misrepresentation, and the executed documents evidenced a sale. The assignment and Certificate of Title were not shown to be illegal or void. The appeal was dismissed, but the appellant was entitled to a refund of $25.03 paid as extension charges, with interest.

Source excerpt

• Contract of sale
• Mortgage or loan disguised as sale
• Equitable mortgage
• Right of redemption
• Certificate of title
• Registration of assignment

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SABZ Industrial (Z) Limited v Edith Sakala (Appeal No. 137 of 2022)

SABZ Industrial (Z) Limited v Edith Sakala (Appeal No. 137 of 2022) [2024] ZMCA 68 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 137 of 2022

The Court of Appeal allowed an employment appeal, set aside awards for severance, leave and January salary, and held the claimant had not proved her case.

• Burden of proof
• Severance pay
• Leave entitlement
• Assessment of evidence
• Judicial reasoning
• Employment-law

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Prosper Investment Limited and Ors v Stanbic Bank Zambia Limited (Appeal No.78/2023)

Prosper Investment Limited and Ors v Stanbic Bank Zambia Limited (Appeal No.78/2023) [2024] ZMCA 47 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No.78/2023

The properties were sold at the best possible prices available under forced sale conditions after public advertisement and failed higher bids; there was no evidence of fraud or collusion. The conversion of the judgment debt from USD to Kwacha was permitted by the consent judgment, which allowed payment in either currency. No unilateral conversion or breach occurred, and the appellants are not entitled to damages.

Source excerpt

• Mortgage foreclosure
• Conversion of currency in judgment debt
• Sale of mortgaged property
• Damages
• Consent judgment
• Accountability of mortgagee

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Robert Manja and Nsaka Yelala v Peter Bervin Ngosa (APPEAL NO. 238/2023)

Robert Manja and Nsaka Yelala v Peter Bervin Ngosa (APPEAL NO. 238/2023) [2024] ZMCA 75 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 238/2023

Appeal partly allowed in a chieftaincy succession dispute over Chief Muchinka; the court set aside erroneous findings and remitted the matter to the royal family.

• Chieftaincy succession
• Customary law application
• Costs
• Functus officio
• Role of assessors
• Chieftaincy-succession

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VDF Property Management Limited v Ronald Van Vlaaderen (App. No. 120/2022)

VDF Property Management Limited v Ronald Van Vlaaderen (App. No. 120/2022) [2024] ZMCA 55 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

App. No. 120/2022

The Court of Appeal held that the High Court erred in relying on the sketch plan to determine the extent of land to be marked off from Lot 3293/M, as it contradicted the plain language of the memorandum of sale and other documentary evidence. The respondent was bound by the terms of the memorandum, which limited the total extent of land to 3 acres or 1 hectare apportioned between two properties. The sketch plan, being unsigned and merely a proposal, could not vary or add to the written agreement. The correct extent to be marked off from Lot 3293/M is 4472 square metres (1.105 acres), not 1.02…

Source excerpt

• Sale of land
• Interpretation of contracts
• Statute of frauds
• Boundary disputes
• Parol evidence rule

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Sam Kapembwa v National Pension Scheme Authority Limited (NAPSA) (APPEAL No. 82/2023)

Sam Kapembwa v National Pension Scheme Authority Limited (NAPSA) (APPEAL No. 82/2023) [2024] ZMCA 37 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 82/2023

The appellant is bound by the tenancy agreement he signed, including the rent increment, and failed to apply to court for determination of standard rent as required by the Rent Act. The lower court's findings of fact regarding rental arrears and the order for vacant possession were supported by the evidence. Issues regarding the rent book and refund were not properly pleaded or raised in the lower court and cannot be entertained on appeal. The appeal lacks merit and is dismissed.

Source excerpt

• Rental arrears
• Standard rent determination
• Tenancy agreements
• Vacant possession
• Rent increment
• Pleadings

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National Technologies Limited and Ors v Star Drilling and Exploration Limited (APPEAL No.75/2022)

National Technologies Limited and Ors v Star Drilling and Exploration Limited (APPEAL No.75/2022) [2024] ZMCA 212 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL No.75/2022

The High Court lacked jurisdiction to entertain an application to pierce the corporate veil and make directors/shareholders liable for an arbitral award debt, as this would amount to varying the arbitral award, which is final and binding under the Arbitration Act. The lower court’s decision was a nullity for exceeding its jurisdiction.

Source excerpt

• Piercing the corporate veil
• Jurisdiction of courts over arbitral awards
• Enforcement of arbitral awards
• Corporate insolvency

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