Zambia Case Law

Pilate Milambo v Dominic Machulu France (Suing as Administrator for the Estate of the late Ledy Mwanza) (APPEAL No. 184/2023)

Pilate Milambo v Dominic Machulu France (Suing as Administrator for the Estate of the late Ledy Mwanza) (APPEAL No. 184/2023) [2025] ZMCA 111 (20 August 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 184/2023

The appeal was dismissed because the Appellant failed to specifically plead and prove fraud or impropriety in the acquisition of the certificate of title. The trial court's finding that the Respondent was entitled to possession was supported by documentary evidence, and there was no basis for appellate interference.

Source excerpt

• Vacant possession
• Certificate of title
• Pleading fraud
• Burden of proof

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Good Living Investments Limited v Theresa Mwila Banda (APPEAL No. 155 of 2023)

Good Living Investments Limited v Theresa Mwila Banda (APPEAL No. 155 of 2023) [2025] ZMCA 112 (20 August 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 155 of 2023

The contract was validly varied only to the extent of payment of the deposit in instalments instead of a lump sum. However, the appellant breached the contract by failing to pay the full deposit of K500,000.00, which was a fundamental term. The respondent was therefore entitled to terminate the contract, and the appellant was not entitled to specific performance. The forfeiture of the K300,000.00 deposit was justified under the Law Association of Zambia General Conditions of Sale 2018, which governed the contract.

Source excerpt

• Variation of contract
• Specific performance
• Repudiatory breach
• Forfeiture of deposit
• Interpretation of contractual terms

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Chama Cheelemu and Ors v Odile Loukombo 'Chelemu' (APPEAL NO. 294/2021)

Chama Cheelemu and Ors v Odile Loukombo 'Chelemu' (APPEAL NO. 294/2021) [2025] ZMSC 22 (19 August 2025)

Court

Supreme Court of Zambia

Case number

APPEAL NO. 294/2021

The cause of action to challenge the property transfer accrued on the date of transfer in 2004, not on the date of annulment of marriage or appointment of administrators. The action commenced in 2020 was statute barred under section 4(3) of the Limitation of Actions Act. Annulment of the marriage did not retroactively invalidate the property transfer or affect the limitation period.

Source excerpt

• Limitation of actions
• Annulment of marriage
• Gift inter vivos
• Certificate of title
• Statute bar
• Estate administration

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First Quantum Mining and Operations Ltd v Sydney Mulenga and 43 Ors (APPEAL 172/2023)

First Quantum Mining and Operations Ltd v Sydney Mulenga and 43 Ors (APPEAL 172/2023) [2025] ZMCA 115 (19 August 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL 172/2023

The Court of Appeal held that the redundancies were not genuine because the jobs continued to exist, and upheld nominal damages of one month’s salary.

• Redundancy
• Wrongful termination
• Corporate veil
• Damages
• Employment contracts
• Wrongful-termination

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Nyambe Namushi v The People (Appeal No. 68/2024)

Nyambe Namushi v The People (Appeal No. 68/2024) [2025] ZMCA 107 (19 August 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 68/2024

The Court of Appeal upheld a murder conviction but reduced a life sentence to 20 years, finding self-defence failed because the appellant used excessive force.

• Murder
• Self-defence
• Extenuating circumstances
• Sentencing
• Extenuating-circumstances
• Criminal-appeal

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Kennedy Bwalya Mpamba and Ors v The Attorney General (2022/HP/1833)

Kennedy Bwalya Mpamba and Ors v The Attorney General (2022/HP/1833) [2025] ZMHC 62 (18 August 2025)

Court

High Court of Zambia

Case number

2022/HP/1833

The Defendant breached constitutional and statutory obligations by failing to promptly pay pension benefits and by removing Plaintiffs from the payroll before full payment. The Defendant failed to properly implement the notching system as required by Circular B25 of 2013 and the Harmonisation Report, resulting in underpayment. Plaintiffs are entitled to recalculation of pension benefits, payment of arrears, reinstatement of allowances per Circular B9 of 2021, and interest. Immediate reinstatement on payroll is denied to avoid unjust enrichment, but salary arrears from removal to payment date…

Source excerpt

• Pension benefits
• Public service employment
• Salary harmonisation
• Payroll retention
• Statutory interpretation

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Justin Banda v The People (APPEAL 61/2024)

Justin Banda v The People (APPEAL 61/2024) [2025] ZMCA 110 (15 August 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL 61/2024

The Court of Appeal upheld Justin Banda’s murder conviction, rejected challenges to identification and his explanation, but set aside the death sentence because he was a juvenile at the time of the offence.

• Murder
• Identification evidence
• Juvenile sentencing
• Identification-evidence
• Juvenile-sentencing
• Criminal-appeal

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Mabvuto Phiri v The People (Appeal 64/2024)

Mabvuto Phiri v The People (Appeal 64/2024) [2025] ZMCA 103 (15 August 2025)

Court

Court of Appeal of Zambia

Case number

Appeal 64/2024

The prosecution adduced sufficient evidence corroborating both the commission of the offence and the identity of the appellant. The opportunity for the appellant to commit the offence was corroborated by circumstances, and the medical evidence supported the occurrence of sexual intercourse. The age of the prosecutrix was sufficiently proved by her mother's testimony and the under-five card. All grounds of appeal failed.

Source excerpt

• Defilement
• Corroboration
• Proof of age
• Evidence
• Appeals

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John Mulenga Sinjela v The People (Appeal 58/2024)

John Mulenga Sinjela v The People (Appeal 58/2024) [2025] ZMCA 102 (15 August 2025)

Court

Court of Appeal of Zambia

Case number

Appeal 58/2024

The circumstantial evidence was so overwhelming that only one inference could be drawn: the appellant inflicted the fatal injuries. The postmortem report conclusively established the cause of death as head injury due to trauma, not poisoning or high blood pressure. The appellant's conduct was inconsistent with innocence and supported the inference of guilt.

Source excerpt

• Murder
• Circumstantial evidence
• Standard of proof
• Appeals

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Chikomo Mazima v The People (Appeal 67/2024)

Chikomo Mazima v The People (Appeal 67/2024) [2025] ZMCA 101 (15 August 2025)

Court

Court of Appeal of Zambia

Case number

Appeal 67/2024

The Court of Appeal of Zambia dismissed a murder appeal, holding that the circumstantial evidence and last-seen theory pointed only to the appellant’s guilt.

• Murder
• Circumstantial evidence
• Last seen theory
• Appeals
• Circumstantial-evidence
• Last-seen-theory

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