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Zambia Case Law

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Criminal law [2025] ZMHC 138

The People v Israel Zulu (HPS/45/2024)

The People v Israel Zulu (HPS/45/2024) [2025] ZMHC 138 (5 September 2025)

The High Court set aside a conviction after finding serious trial irregularities, including faulty child-witness handling, an omitted case-to-answer ruling, and an inadequate judgment.

  • Defilement
  • Trial irregularities
  • Child witness evidence
  • Revisionary powers
  • Criminal-procedure
  • Child-witness-evidence
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Employment law [2025] ZMHC 121

Jack Mwale v Zambia National Broadcasting Corporation (2025/HPIR/545)

Jack Mwale v Zambia National Broadcasting Corporation (2025/HPIR/545) [2025] ZMHC 121 (5 September 2025)

The court held that early retirement was discretionary, not a right. The complainant’s absence amounted to desertion, so summary dismissal was lawful and benefit claims failed.

  • Summary dismissal
  • Early retirement
  • Terminal benefits
  • Leave benefits
  • Salary arrears
  • In-house investment refund
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Criminal law [2025] ZMHC 72

The People v Clever Hamuchemba and Ors (HP/264/2025)

The People v Clever Hamuchemba and Ors (HP/264/2025) [2025] ZMHC 72 (4 September 2025)

The High Court acquitted Clever Hamuchemba of murder, finding the circumstantial evidence inadequate, the cause of death undetermined, and the case unproven beyond reasonable doubt.

  • Murder
  • Accessory after the fact
  • Burden of proof
  • Circumstantial evidence
  • Dereliction of duty
  • Circumstantial-evidence
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Civil procedure [2025] ZMCA 121

Nigel George Seabrook and Anor v Cathrine Hovstad Van Aardt ((CAZ/08/269/2024; CAZ/08/284/2024)

Nigel George Seabrook and Anor v Cathrine Hovstad Van Aardt ((CAZ/08/269/2024; CAZ/08/284/2024) [2025] ZMCA 121 (4 September 2025)

The failure by the Appellants to serve the Record of Appeal and heads of argument within the mandatory 14-day period prescribed by Order X rule 9(9) of the Court of Appeal Rules, without obtaining an order for extension of time, is fatal and divests the Court of jurisdiction to hear the appeal. The rule is mandatory, not regulatory, and arguments regarding lack of prejudice, length of delay, or consent orders do not cure the defect. The appeal is therefore dismissed for want of jurisdiction.

  • Jurisdiction
  • Compliance with procedural rules
  • Joint venture agreements
  • Appeal timelines
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Employment law [2025] ZMHC 120

Gertrude Kanyinji v Il Mercato Cafe (2024/HPIR/0197)

Gertrude Kanyinji v Il Mercato Cafe (2024/HPIR/0197) [2025] ZMHC 120 (4 September 2025)

The High Court held that the complainant’s employment was unlawfully terminated without notice or hearing, awarding damages and leave benefits, but refusing gratuity.

  • Unlawful termination
  • Leave benefits
  • Gratuity
  • Damages
  • Notice pay
  • Costs
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Employment law [2025] ZMCA 123

One Life Assurance Zambia Ltd v Wankumbu Sichivula and Anor (Appeal No. 111/2023)

One Life Assurance Zambia Ltd v Wankumbu Sichivula and Anor (Appeal No. 111/2023) [2025] ZMCA 123 (2 September 2025)

The appellant failed to prove that the termination of the respondents' contracts was grounded in bona fide operational requirements as required under section 52(2) of the Employment Code Act. The evidence showed the terminations were due to a change in shareholding, which does not constitute a valid commercial reason. The restructuring was not substantiated by evidence of operational necessity, nor was there procedural fairness or consultation. The trial court correctly found the termination unlawful and unfair and awarded five months' salary as damages, which was affirmed on appeal.

  • Termination of employment
  • Operational requirements
  • Redundancy
  • Damages for unfair dismissal
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Civil procedure [2025] ZMCA 122

Tedworth Properties v Anti- Corruption Commission and Anor (CAZ/O8/321/2024)

Tedworth Properties v Anti- Corruption Commission and Anor (CAZ/O8/321/2024) [2025] ZMCA 122 (2 September 2025)

Arguments filed outside the prescribed period without leave are irregular and must be expunged from the record.

  • Filing deadlines
  • Preliminary objection
  • Expunging documents
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Criminal law [2025] ZMHC 71

The People v Maluba Maambo (HPR/04/2025)

The People v Maluba Maambo (HPR/04/2025) [2025] ZMHC 71 (2 September 2025)

The Magistrate failed to set out the breach to the sureties and did not make reasoned findings on their explanations before ordering forfeiture and detention; this procedural illegality renders the orders incurably bad and they must be quashed.

  • Forfeiture of recognizance
  • Contempt of court
  • Bail and suretyship
  • Judicial review
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Employment law [2025] ZMHC 115

Keno Mwamba Sangwa v Mary Begg Memorial Clinic Ltd (2024/HN/IR/74)

Keno Mwamba Sangwa v Mary Begg Memorial Clinic Ltd (2024/HN/IR/74) [2025] ZMHC 115 (1 September 2025)

The High Court found the complainant’s dismissal was unfair, awarded 18 months’ salary plus allowances, and dismissed claims for wrongful dismissal, future earnings, and costs.

  • Unfair dismissal
  • Wrongful dismissal
  • Disciplinary procedure
  • Discrimination in employment
  • Damages for dismissal
  • Unfair-dismissal
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Contract law [2025] ZMHC 64

Morgan Naik v Amadeus International Limited and Anor (2024/HPC/0426)

Morgan Naik v Amadeus International Limited and Anor (2024/HPC/0426) [2025] ZMHC 64 (1 September 2025)

The Plaintiff's letter of 13th October 2022 introduced new terms regarding the timing and formalization of the settlement, amounting to a counter-offer rather than unconditional acceptance. No consideration passed between the parties, and the correspondence and conduct did not demonstrate consensus ad idem or a concluded, binding agreement. Therefore, no enforceable contract existed.

  • Offer and acceptance
  • Consideration
  • Settlement agreements
  • Breach of contract
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