Zambia Case Law

Access Bank Zambia Limited v Ernest Jay Chisanga (Trading as SADIC Import and Exports) (Appeal No. 006 of 2025)

Access Bank Zambia Limited v Ernest Jay Chisanga (Trading as SADIC Import and Exports) (Appeal No. 006 of 2025) [2025] ZMCA 126 (24 September 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 006 of 2025

The respondent's claim was statute-barred because he failed to exercise reasonable diligence in discovering the alleged unauthorized withdrawals from his account. Fraud was not pleaded or particularized, and the respondent had the means and opportunity to inquire about his account within the limitation period. Section 26(b) of the Limitation Act did not apply as there was no sufficient pleading or evidence of fraudulent concealment. The lower court erred in finding otherwise, and the action was dismissed as time-barred.

Source excerpt

• Limitation of actions
• Accrual of cause of action
• Fraudulent concealment
• Bank-customer relationship
• Statute-barred claims

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Florence Chanda Tembo v Nkhwazi Primary School (COMP/IRCK/615/2021)

Florence Chanda Tembo v Nkhwazi Primary School (COMP/IRCK/615/2021) [2025] ZMHC 74 (23 September 2025)

Court

High Court of Zambia

Case number

COMP/IRCK/615/2021

The complainant was constructively dismissed as she was forced to resign due to a hostile work environment, micromanagement, and disrespect by the board chair, which the employer failed to address. The court found a fundamental breach of the implied terms of trust, respect, and confidence. However, as the complainant had only one month left on her fixed-term contract and renewal was not automatic, she was awarded 12 months' salary as damages, not the 36 months sought. No additional damages for mental distress were awarded as enhanced damages already covered the loss.

Source excerpt

• Constructive dismissal
• Damages
• Employment contracts
• Workplace dignity

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Stiffstick Industries Limited v Dahua Enterprises Limited and Ors (2017/HP/1929)

Stiffstick Industries Limited v Dahua Enterprises Limited and Ors (2017/HP/1929) [2025] ZMHC 83 (23 September 2025)

Court

High Court of Zambia

Case number

2017/HP/1929

The Plaintiff's Certificate of Title No. 10967 is conclusive and indefeasible evidence of ownership of Stand No. 12863. The 3rd and 4th Defendants have no registrable title, did not plead fraud or mistake, and their occupation constitutes trespass. The land register must be rectified to remove any overlap, and the Plaintiff is entitled to eviction orders, injunction, damages or mesne profits, and costs.

Source excerpt

• Title to land
• Indefeasibility of title
• Trespass
• Rectification of land register
• Eviction
• Damages for loss of use

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Cosmas Mweemba and Ors v Chikankata District Council and Anor (SCZ/07/05/2024)

Cosmas Mweemba and Ors v Chikankata District Council and Anor (SCZ/07/05/2024) [2025] ZMSC 25 (19 September 2025)

Court

Supreme Court of Zambia

Case number

SCZ/07/05/2024

The intended appeal does not raise a point of law of public importance as the issues are fact-specific to the applicants and there is no evidence that similar issues have arisen or are likely to arise in other resettlement schemes. There are no compelling legal issues warranting consideration by the Supreme Court, and the appeal has no reasonable prospects of success.

Source excerpt

• Resettlement schemes
• Land tenure
• Leave to appeal
• Equitable interest
• Public importance in appeals

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Milupi Libi v Zesco Limited (COMP/2024/HN/IR/03)

Milupi Libi v Zesco Limited (COMP/2024/HN/IR/03) [2025] ZMHC 75 (19 September 2025)

Court

High Court of Zambia

Case number

COMP/2024/HN/IR/03

The complainant was not constructively dismissed as he voluntarily requested early retirement after his acting appointment as Chief Accountant was not confirmed. There was no fundamental breach of contract by the respondent. Retirement benefits were properly computed on the substantive position of Management Accountant, not the acting position.

Source excerpt

• Constructive dismissal
• Probationary employment
• Retirement benefits
• Breach of contract

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Occupational Health and Safety Institute v James Mataliro (APPEAL NO. 12/2025)

Occupational Health and Safety Institute v James Mataliro (APPEAL NO. 12/2025) [2025] ZMSC 24 (19 September 2025)

Court

Supreme Court of Zambia

Case number

APPEAL NO. 12/2025

The Supreme Court held that employed legal practitioners under Rules 24 and 27 cannot simultaneously engage in private practice, and remitted part of the matter.

• Legal practitioners' conduct
• Employment contracts
• Conflict of interest
• Statutory interpretation
• Legal-practitioners-conduct
• Employment-contracts

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Richard Musukwa and Ors v The Attorney General (Appeal No.03/2025)

Richard Musukwa and Ors v The Attorney General (Appeal No.03/2025) [2025] ZMSC 26 (19 September 2025)

Court

Supreme Court of Zambia

Case number

Appeal No.03/2025

The Supreme Court quashed a High Court judgment after finding the case had been heard by the wrong division due to an irregular transfer, and remitted it for fresh hearing.

• Jurisdiction
• Transfer of cases
• Bill of rights
• High court divisions
• Case-transfer
• Bill-of-rights

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Mukwa Investments Limited v Pan African Building Society and Anor (Appeal No. 243 of 2024)

Mukwa Investments Limited v Pan African Building Society and Anor (Appeal No. 243 of 2024) [2025] ZMCA 124 (15 September 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 243 of 2024

The Bank of Zambia, as statutory regulator, does not owe a duty of care to individual shareholders such as the Appellant; its statutory obligations are to the financial system and depositors. The Appellant failed to prove misrepresentation or negligence by the Bank of Zambia, and the share transfer transaction, though in breach of statutory restrictions, cannot be reversed at the Appellant's instance as there was no inducement or statutory duty breached by the regulator. The lower court's findings are upheld.

Source excerpt

• Duty of care of regulator
• Misrepresentation
• Negligence
• Share transfer
• Recapitalization plan
• Corporate governance

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People v Teddy Phiri and Ors (HPJ/01/2022)

People v Teddy Phiri and Ors (HPJ/01/2022) [2025] ZMHC 107 (9 September 2025)

Court

High Court of Zambia

Case number

HPJ/01/2022

High Court of Zambia held that no extenuating circumstances existed in this murder sentencing ruling and imposed life imprisonment, rejecting a failed mistake-of-fact defence.

• Murder
• Sentencing
• Extenuating circumstances
• Extenuating-circumstances
• Criminal-law

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Nachilala Nkombo v Standard Chartered Bank Zambia Plc (2025/HPC/0024)

Nachilala Nkombo v Standard Chartered Bank Zambia Plc (2025/HPC/0024) [2025] ZMHC 69 (8 September 2025)

Court

High Court of Zambia

Case number

2025/HPC/0024

High Court held the bank was a non-advisory distributor of a bond investment, no actionable misrepresentation or negligence was proved, and the claim failed.

• Misrepresentation
• Negligence
• Fiduciary duty
• Exclusion clauses
• Consumer protection
• Bank-customer relationship

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