Zambia Case Law

Joe's Earthworks & Mining Limited v Dennyson Mulenga (APPEAL NO. 107 of 2022)

Joe's Earthworks & Mining Limited v Dennyson Mulenga (APPEAL NO. 107 of 2022) [2024] ZMCA 48 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 107 of 2022

The lower court erred by awarding damages for wrongful termination and gratuity for a period not contractually or statutorily due, as these were not pleaded or supported by the evidence or law; both awards are set aside.

Source excerpt

• Wrongful termination
• Gratuity
• Breach of contract
• Pleadings
• Transitional provisions

Read case analysis

Silumesi Njekwa v The People (APPEAL NO. 46/2023)

Silumesi Njekwa v The People (APPEAL NO. 46/2023) [2024] ZMCA 213 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 46/2023

Court of Appeal upheld the rape conviction, quashed indecent assault for defective framing, and enhanced the rape sentence to 35 years.

• Rape
• Indecent assault
• Corroboration
• Sentencing
• Evidence
• Sexual-offences

Read case analysis

Rucon Mining Limited v Betternow Finance Company (Appeal No. 93/2023)

Rucon Mining Limited v Betternow Finance Company (Appeal No. 93/2023) [2024] ZMCA 36 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 93/2023

The Court of Appeal upheld a refusal to set aside default judgment and rejected a multiplicity-of-actions argument in a debt recovery dispute.

• Default judgment
• Multiplicity of actions
• Debt recovery
• Winding up
• Abuse of process
• Default-judgment

Read case analysis

Joseph Phiri and Ors v The People (APPEAL NO 18 -22/2023)

Joseph Phiri and Ors v The People (APPEAL NO 18 -22/2023) [2024] ZMCA 218 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO 18 -22/2023

The Court of Appeal upheld murder and aggravated robbery convictions, finding the circumstantial evidence and recent possession the only reasonable basis for guilt.

• Murder
• Aggravated robbery
• Circumstantial evidence
• Doctrine of recent possession
• Common purpose
• Aggravated-robbery

Read case analysis

Kalymnos Processing Limited and Anor v Konkola Copper Mines (APP/74/2023)

Kalymnos Processing Limited and Anor v Konkola Copper Mines (APP/74/2023) [2024] ZMCA 40 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

APP/74/2023

The Court held that the High Court had jurisdiction to determine trespass and surface rights claims but lacked jurisdiction to determine whether consent was unreasonably withheld or to adjudicate mining rights disputes, which must follow the statutory procedure under the Mines and Minerals Development Act. The Respondent was found to be the legal occupier entitled to withhold consent, and the Appellants' entry without consent constituted trespass.

Source excerpt

• Surface rights
• Mining rights
• Jurisdiction
• Injunctions
• Trespass
• Consent requirements

Read case analysis

Food Reserve Agency v Simate Simate and Ors (Appeal 135/2022)

Food Reserve Agency v Simate Simate and Ors (Appeal 135/2022) [2024] ZMCA 62 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

Appeal 135/2022

A mediation settlement order cannot be used as a precedent to bind non-parties; the respondents' employment was lawfully terminated under the contract's notice clause; gratuity must be paid on a pro rata basis as stipulated in the contract; the court's role is to enforce, not rewrite, contracts freely entered into by the parties.

Source excerpt

• Termination of employment
• Mediation settlement orders
• Enforcement of contracts
• Gratuity calculation
• Judicial precedent

Read case analysis

Prosper Investments Limited and Anor v Stanbic Bank Zambia Limited (Appeal No. 78/2023)

Prosper Investments Limited and Anor v Stanbic Bank Zambia Limited (Appeal No. 78/2023) [2024] ZMCA 41 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 78/2023

The Court found that the properties were sold at fair prices under forced sale conditions after higher bidders failed to meet sale terms, and there was no evidence of fraud or collusion. The conversion of the judgment debt from USD to Kwacha was permitted by the consent judgment and not unilateral. The appellants were not entitled to damages as no liability was established against the respondent.

Source excerpt

• Mortgagee's power of sale
• Conversion of currency in judgment debt
• Fair sale price under mortgage
• Damages for undervalue sale
• Bank-customer relationship post-judgment

Read case analysis

Charles Zulu v Mubanga Zacharia Lukashi (Appeal No. 130 of 2022)

Charles Zulu v Mubanga Zacharia Lukashi (Appeal No. 130 of 2022) [2024] ZMCA 61 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 130 of 2022

The Court of Appeal held that the lease had expired and the arbitration clause had become inoperative, so the stay-and-refer application failed.

• Arbitration clause operability
• Doctrine of separability
• Lease agreement termination
• Non-registration of lease
• Stay of proceedings
• Arbitration

Read case analysis

Joe's Earthworks and Mining Limited v Dennyson Mulenga (APPEAL NO. 107 of 2022)

Joe's Earthworks and Mining Limited v Dennyson Mulenga (APPEAL NO. 107 of 2022) [2024] ZMCA 77 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 107 of 2022

The lower court erred by awarding damages for wrongful termination and gratuity for the period 9th May 2019 to 31st December 2019, as these were not pleaded or contractually/statutorily due. The Employment Code Act's substantive provisions, including gratuity, were not yet applicable to the contract due to the statutory grace period. Reliefs not claimed cannot be granted.

Source excerpt

• Unlawful termination
• Gratuity
• Breach of contract
• Pleadings
• Statutory interpretation

Read case analysis

Philip Sinclair Mainza v ZESCO Limited (APPEAL NO. 105 OF 2022)

Philip Sinclair Mainza v ZESCO Limited (APPEAL NO. 105 OF 2022) [2024] ZMCA 93 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 105 OF 2022

The Court of Appeal partly allowed an employment appeal, moving the effective date of a salary upgrade to 1 April 2003 and upholding pension and rental-related orders.

• Salary grading
• Retirement benefits
• Pension underfunding
• Limitation of actions
• Interest on judgment debts
• Mediation settlements

Read case analysis