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Zambia decisions
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Choma Municipal v Lamsden Zulu and Anor (Appeal No. 263 of 2024) [2025] ZMCA 70 (6 June 2025)
The Court of Appeal held that the wrong judge heard the special leave to review application and set aside the costs order arising from a stay for arbitration.
Yunus Patel v Nicholas David Charles Action and 2 Ors (Appeal No.101/2024) [2025] ZMCA 100 (6 June 2025)
The Court of Appeal partly allowed an appeal over execution under a consent judgment, setting aside damages orders and the reinstatement order, but ordering assessment of alleged excess distress.
Roland Imperial Tobacco Comapny Lts v Maureen Kapesha and 12 Ors (Appeal No. 232/2024) [2025] ZMCA 83 (5 June 2025)
The Court of Appeal dismissed an employment-law appeal, holding that leave to file the complaint out of time had been granted on 1 December 2020 and that review was not justified.
Director of Public Prosecutions v A P (APPLICATION SP 31/2024) [2025] ZMCA 67 (5 June 2025)
Court of Appeal of Zambia decision in an application brought by the Director of Public Prosecutions against A P, reported as [2025] ZMCA 67.
Munir Zulu v Attorney General and Ors (2025/CCZ/0011) [2025] ZMCC 10 (4 June 2025)
The application for a stay is dismissed because the vacancy of a parliamentary seat upon imprisonment is automatic and by operation of law under the Constitution, and the court has no power to suspend or stay this constitutional consequence pending appeal. The Speaker and Electoral Commission are constitutionally bound to act once the vacancy arises, and the ninety-day period for a by-election cannot be halted or extended. The full bench decision in Nickson Chilangwa is binding and dispositive on the issue.
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Chelman Nshitima and Others v Council of Zambia Institute of Advanced Legal Education (2022/HP/A001) [2025] ZMHC 49 (4 June 2025)
The High Court allowed an appeal against ZIALE’s exclusion of LPQE candidates, holding the 2021 Rules were applied retrospectively and unfairly.
Chilanga Cement Plc v Jignesh Frafulchandra Soni and Ors (APPLICATION NO. 34/2025) [2025] ZMCA 81 (30 May 2025)
The Court of Appeal discharged a single judge’s injunction pending appeal, holding the appeal had no reasonable prospects of success.
Gitrine Sakala Ncube and Anor v Kwacha Pension Trust Fund and Anor (Appeal No. 203 of 2024) [2025] ZMCA 68 (30 May 2025)
The Court found that service was properly effected and the appellants were not denied the right to be heard. The arbitration clause in Rule 26 was operative and applicable to disputes arising from the employment relationship, even after termination. The constitutional aspect of the claim did not oust the jurisdiction of the arbitrator. The lower court correctly stayed proceedings and referred the matter to arbitration.
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Finsbury Investments Limited v Antonio Ventriglia and Ors (APPLICATION NO. 75/2021) [2025] ZMCA 66 (29 May 2025)
The Court of Appeal fined three contemnors K75,000 each for contempt of court, declining to impose imprisonment despite mitigation based on age, health, and legal advice.
ZAL ELEVATORS LIMITED V KAYONGO KAYONGO (2022/HPC/068 7) [2025] ZMHC 66 (29 May 2025)
The Defendant proved, on a balance of probabilities, that he is entitled to a refund of K700,000.00 (wrongfully withheld pension) and K30,960.00 (paid to a clearing agent for the Plaintiff's benefit), but not the K750,000.00 lent by his wife, as he was not privy to that contract. The payment agreement acknowledging debt to the Plaintiff was signed under duress and is voidable. The Defendant is also entitled to K110,000.00 in unremitted pension deductions. Damages for inconvenience were not proved. Interest and costs are awarded.
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