Zambia Case Law

The People v Raphael Mwansa (HP/259/2024)

The People v Raphael Mwansa (HP/259/2024) [2025] ZMHC 32 (16 June 2025)

Court

High Court of Zambia

Case number

HP/259/2024

The prosecution failed to prove beyond reasonable doubt that Raphael Mwansa murdered Ireen Musonda. Investigative failures, lack of forensic evidence, and unresolved doubts regarding the presence of intruders created reasonable doubt. The circumstantial evidence did not exclude the possibility of another perpetrator. The accused is entitled to the benefit of that doubt and is acquitted.

Source excerpt

• Murder
• Burden of proof
• Circumstantial evidence
• Malice aforethought
• Forensic evidence
• Investigative duty

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Godfrey Shamanena v Anti-Corruption Commission (2025/HN/150)

Godfrey Shamanena v Anti-Corruption Commission (2025/HN/150) [2025] ZMHC 61 (13 June 2025)

Court

High Court of Zambia

Case number

2025/HN/150

High Court held it could discharge the seizure warrant over the applicant’s bank account, finding the continued seizure for over 16 months was not temporary.

• Seizure of property
• Forfeiture of proceeds of crime
• Jurisdiction
• Damages for deprivation of property
• Seizure-of-property
• Anti-corruption-law

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Darkstone Investments Limited v Yapiray Demiryolu Insaat Sistermleri and Ors (2024/HPC/0626)

Darkstone Investments Limited v Yapiray Demiryolu Insaat Sistermleri and Ors (2024/HPC/0626) [2025] ZMHC 35 (12 June 2025)

Court

High Court of Zambia

Case number

2024/HPC/0626

The High Court held that third-party proceedings were res judicata because the same dispute had already been determined in cause 2024/HPC/0230.

• Third party proceedings
• Res judicata
• Indemnity
• Breach of contract
• Res-judicata
• Third-party-proceedings

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Innovative Life Assurance Limited v Chiza Choonya Simpungwe (CAZ/08/522/2024)

Innovative Life Assurance Limited v Chiza Choonya Simpungwe (CAZ/08/522/2024) [2025] ZMCA 77 (11 June 2025)

Court

Court of Appeal of Zambia

Case number

CAZ/08/522/2024

The application was incompetently before the court as it was filed outside the prescribed period without leave for extension and was brought under the wrong provision of the law, which does not apply to interlocutory applications.

Source excerpt

• Restoration of struck out matters
• Jurisdiction
• Application of procedural rules

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Sydney Choonga v Yona Daka (APPEAL NO. 209 OF 2024)

Sydney Choonga v Yona Daka (APPEAL NO. 209 OF 2024) [2025] ZMCA 85 (11 June 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 209 OF 2024

The 2nd Respondent, as stakeholder advocate under the LAZ General Conditions of Sale, owed fiduciary duties to both parties and was properly joined to the proceedings. The pleadings disclosed a valid cause of action for failure to refund the deposit after the transaction failed. The lower court erred in striking out the 2nd Respondent and awarding it costs, as the Appellant acted reasonably in pursuing relief against the party holding the funds.

Source excerpt

• Misjoinder
• Stakeholder liability
• Award of costs
• Fiduciary duties of advocates

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Alex Mumba and Anor v Christopher Sikapizye (APPEAL NO. 112/2023)

Alex Mumba and Anor v Christopher Sikapizye (APPEAL NO. 112/2023) [2025] ZMCA 91 (11 June 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 112/2023

The Court of Appeal partly allowed an appeal over boundary beacons on subdivided land, ordering replacement of four admitted beacons but refusing damages.

• Land subdivision
• Boundary beacons
• Caveats
• Damages
• Costs
• Survey diagrams

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Eddie Nyimbwa v Africonnect Zambia Limited (COMP No. IRLK/250/2020)

Eddie Nyimbwa v Africonnect Zambia Limited (COMP No. IRLK/250/2020) [2025] ZMHC 42 (11 June 2025)

Court

High Court of Zambia

Case number

COMP No. IRLK/250/2020

The court found the employee’s termination unfair, unlawful, and wrongful, awarded damages, and also treated the reassignment as redundancy. Other claims failed.

• Unfair dismissal
• Wrongful dismissal
• Unlawful termination
• Redundancy
• Damages
• Employment contract

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Cavendish University Zambia Limited v Buchisa Mwalongo (APPEAL NO. 238/2024)

Cavendish University Zambia Limited v Buchisa Mwalongo (APPEAL NO. 238/2024) [2025] ZMCA 78 (9 June 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 238/2024

The Court of Appeal upheld leave to file a labour complaint out of time, holding there is no fixed statutory deadline and that amicable settlement efforts were a cogent reason for delay.

• Extension of time
• Natural justice
• Ex-parte applications
• Industrial relations
• Burden of proof
• Labour-law

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Alick Tembo and Ors v Kwacha Pension Trust Fund and Anor (Appeal No. 108 of 2024)

Alick Tembo and Ors v Kwacha Pension Trust Fund and Anor (Appeal No. 108 of 2024) [2025] ZMCA 69 (6 June 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 108 of 2024

The arbitration clause in the Kwacha Pension Trust Fund Rules is valid, operative, and capable of being performed. It applies to disputes arising at any time between the parties, including former employees/members, regarding the construction, meaning, or effect of the rules. The existence of constitutional claims does not oust arbitral jurisdiction. Procedural requirements regarding entry of appearance and defence do not invalidate a section 10 application. The High Court correctly stayed proceedings and referred the matter to arbitration.

Source excerpt

• Stay of proceedings
• Arbitration agreement
• Jurisdiction
• Interpretation of arbitration clauses
• Pension benefits computation

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Riverlake Ocean Construction Sarl and Ors v China Civil Engineering Construction Corporation Zambia Limited (Appeal No. 279/2024)

Riverlake Ocean Construction Sarl and Ors v China Civil Engineering Construction Corporation Zambia Limited (Appeal No. 279/2024) [2025] ZMCA 82 (6 June 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 279/2024

The Zambian courts had jurisdiction because the agreements in issue (Advance Payment Guarantee and Performance Guarantee) were independent of the main contract and did not contain arbitration clauses. The respondent had locus standi as a party to these agreements. The arbitration clause in the main contract did not bind the respondent, and the properties subject to the guarantees were in Zambia. The preliminary objections were properly dismissed.

Source excerpt

• Jurisdiction
• Arbitration clauses
• Locus standi
• Specific performance
• Guarantee agreements

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