Zambia Case Law

Inde Credit Company Limited v Green Park Transport and Construction Limited and Ors (Appeal No. 31/2023)

Inde Credit Company Limited v Green Park Transport and Construction Limited and Ors (Appeal No. 31/2023) [2024] ZMCA 80 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 31/2023

The Court of Appeal held that the equipment sale was a separate contract, not loan security, ordered assessment of the loan balance, and allowed interest on the purchase price.

• Loan facility enforcement
• Security for loans
• Sale of goods
• Counterclaim for loss of income
• Assessment of damages
• Interest on judgment debts

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Susan Bright Cormack v Alex Mulundu (APPEAL NO. 103/2020)

Susan Bright Cormack v Alex Mulundu (APPEAL NO. 103/2020) [2024] ZMCA 89 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 103/2020

Court of Appeal set aside cancellation of a title deed in a Solwezi land dispute and ordered a retrial with the Surveyor-General joined to verify boundaries.

• Certificate of title
• Site plan disputes
• Boundary disputes
• Joinder of parties
• Survey and verification of land boundaries
• Land-law

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National Techologies Limited and Ors v Star Drilling and Exploration Limited (Appeal No. 75/2022)

National Techologies Limited and Ors v Star Drilling and Exploration Limited (Appeal No. 75/2022) [2024] ZMCA 72 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 75/2022

The Court of Appeal held that the High Court lacked jurisdiction to entertain an application to pierce the corporate veil and hold directors/shareholders liable for an arbitral award, as this would amount to varying the arbitral tribunal's decision, contrary to section 17 of the Arbitration Act. The lower court's ruling 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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Jackson Mhango v The People (Appeal No 16/2023)

Jackson Mhango v The People (Appeal No 16/2023) [2024] ZMCA 34 (28 February 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No 16/2023

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Source excerpt

• Content Filtered

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Vincent Mando v Garda World Zambia Limited (Comp No. IRCLK/ 175/2022)

Vincent Mando v Garda World Zambia Limited (Comp No. IRCLK/ 175/2022) [2024] ZMHC 31 (27 February 2024)

Court

High Court of Zambia

Case number

Comp No. IRCLK/ 175/2022

The High Court held that the Shop Workers Order did not apply to a fleet mechanic, dismissed salary and leave claims, but awarded gratuity under the Employment Code Act.

• Gratuity entitlement
• Minimum wage applicability
• Leave pay calculation
• Employment contract interpretation
• Costs for non-appearance
• Labour-law

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Yousuf Badat v Chansa Kapijimpanga and Kelly Davis Kapijimpanga (2020/HPC/0451)

Yousuf Badat v Chansa Kapijimpanga and Kelly Davis Kapijimpanga (2020/HPC/0451) [2024] ZMHC 109 (27 February 2024)

Court

High Court of Zambia

Case number

2020/HPC/0451

The High Court found the defendants breached directors’ duties by failing to account for company funds and ordered accounts, damages, removal, and an injunction.

• Directors' duties
• Fiduciary duty
• Accountability
• Removal of directors
• Oppressive conduct
• Shareholder remedies

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Alliance One Zambia Limited v Roland Imperial Tobbaco Company Limited and Anor (2023/HPC/0156)

Alliance One Zambia Limited v Roland Imperial Tobbaco Company Limited and Anor (2023/HPC/0156) [2024] ZMHC 212 (27 February 2024)

Court

High Court of Zambia

Case number

2023/HPC/0156

Consent judgment for the plaintiff in a debt recovery dispute, with instalment payments ordered and the second defendant’s property pledged as security.

• Debt recovery
• Security for debt
• Consent judgment
• Commercial-law
• Contract-law
• Secured-transactions

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Sailus Amponda v The People (APPEAL NO. 37/2021)

Sailus Amponda v The People (APPEAL NO. 37/2021) [2024] ZMCA 216 (27 February 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 37/2021

The Court of Appeal upheld a murder conviction, finding the evidence, including eyewitness testimony and a confession, proved guilt beyond reasonable doubt.

• Murder
• Circumstantial evidence
• Confession
• Alibi
• Witness credibility
• Circumstantial-evidence

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Muyambango Sikabongo v The People (APPEAL NO. 31/2023)

Muyambango Sikabongo v The People (APPEAL NO. 31/2023) [2024] ZMCA 217 (27 February 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 31/2023

Criminal appeal against a murder conviction and death sentence dismissed; the Court of Appeal found no evidence of provocation or self-defence extenuating circumstances.

• Murder
• Self defence
• Provocation
• Extenuating circumstances
• Sentencing
• Self-defence

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Reuben Kaunda and Anor v Octopus Security Services (COMP NO.IRCLK/ 161/2022)

Reuben Kaunda and Anor v Octopus Security Services (COMP NO.IRCLK/ 161/2022) [2024] ZMHC 43 (27 February 2024)

Court

High Court of Zambia

Case number

COMP NO.IRCLK/ 161/2022

The High Court in Zambia partially allowed a labour claim by two former security officers, awarding leave pay, gratuity, and refund of uniform bond deductions.

• Termination of employment
• Employee benefits
• Gratuity
• Leave pay
• Uniform bond
• Minimum wage

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