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Zambia Case Law

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Contract law [2025] ZMCA 71

CALEB MULENGA v KANSASHI MINING PLC (Appeal No. 26/2023)

CALEB MULENGA v KANSASHI MINING PLC (Appeal No. 26/2023) [2025] ZMCA 71 (9 May 2025)

The Court of Appeal of Zambia dismissed an appeal over a mining licence BTS, holding it was an outright sale, not a joint venture, and that no implied term required mining to start within a reasonable time.

  • Implied terms
  • Contractual discretion
  • Joint venture
  • Royalty entitlement
  • Fraud
  • Time of the essence
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Civil procedure [2025] ZMCA 65

Finsbury Investments Limited v Eastern and Southern African Trade and Development Bank and Anor (APPEAL NO. 92/2024)

Finsbury Investments Limited v Eastern and Southern African Trade and Development Bank and Anor (APPEAL NO. 92/2024) [2025] ZMCA 65 (9 May 2025)

The Court of Appeal set aside the joinder of the Attorney General as amicus curiae, holding the High Court was functus officio and had no pending appeal or review.

  • Joinder of parties
  • Amicus curiae
  • Diplomatic immunity
  • Functus officio
  • Stare decisis
  • Amicus-curiae
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Civil procedure [2025] ZMHC 28

Mapepe Bible College Registered Trustees v Miyanda Fearness Siamoongwa and Ors (2021/HPC/0535)

Mapepe Bible College Registered Trustees v Miyanda Fearness Siamoongwa and Ors (2021/HPC/0535) [2025] ZMHC 28 (8 May 2025)

The High Court in Zambia dismissed an application to strike out a commercial case for want of prosecution, finding there had been sufficient activity and steps to progress the matter.

  • Dismissal for want of prosecution
  • Interpretation of court rules
  • Progress of action
  • Civil-procedure
  • Want-of-prosecution
  • Court-rules-interpretation
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Civil procedure [2025] ZMCA 64

Faustine Mwenya Kabwe and Ors v Access Financial Services Ltd (In Liquidation) (CAZ/08/442/2024)

Faustine Mwenya Kabwe and Ors v Access Financial Services Ltd (In Liquidation) (CAZ/08/442/2024) [2025] ZMCA 64 (29 April 2025)

The Court of Appeal of Zambia declined to dismiss an appeal for want of prosecution, finding the delay stemmed from transcript preparation and was not inexcusable.

  • Dismissal for want of prosecution
  • Extension of time
  • Court discretion
  • Delay attributable to court administration
  • Dismissal-for-want-of-prosecution
  • Extension-of-time
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Employment law [2025] ZMSC 11

Henry Nyambe and 9 Ors v Lumwana Mining Company Limited (APPLICATION NO. SCZ/7/34/2024)

Henry Nyambe and 9 Ors v Lumwana Mining Company Limited (APPLICATION NO. SCZ/7/34/2024) [2025] ZMSC 11 (29 April 2025)

The Supreme Court of Zambia granted leave to appeal on issues about redundancy under the Employment Code, including interpretation of section 55 and the basis and measure of damages.

  • Redundancy
  • Damages for unlawful termination
  • Interpretation of employment code
  • Leave to appeal
  • Employment-law
  • Damages-for-unlawful-termination
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Civil procedure [2025] ZMCA 63

Lake Kariba Inns Limited v Steven Nyirenda and Anor (CAZ/08/75/2025)

Lake Kariba Inns Limited v Steven Nyirenda and Anor (CAZ/08/75/2025) [2025] ZMCA 63 (25 April 2025)

Court of Appeal granted an interim injunction pending appeal in a land dispute, finding serious issues to be tried, irreparable harm, and balance of convenience in the appellant’s favor.

  • Interim injunctions
  • Res judicata
  • Land disputes
  • Adducing further evidence on appeal
  • Interim-injunctions
  • Land-disputes
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Property law [2025] ZMCA 96

Wayne Michael Wright v Shah Jayendra Kumar and Anor (APPEAL No. 92/2021)

Wayne Michael Wright v Shah Jayendra Kumar and Anor (APPEAL No. 92/2021) [2025] ZMCA 96 (25 April 2025)

The Court of Appeal held the encroachment claim was not statute barred, but the caveat was too broad. The appeal partly succeeded, with each party bearing costs.

  • Encroachment
  • Statute of limitations
  • Caveats
  • Title to land
  • Statute-of-limitations
  • Title-to-land
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Civil procedure [2025] ZMCA 62

Morgan Naik v Simon David Burgess and Ors (CAZ/08/574/2024)

Morgan Naik v Simon David Burgess and Ors (CAZ/08/574/2024) [2025] ZMCA 62 (24 April 2025)

The Court of Appeal held that no binding settlement agreement had been concluded and dismissed the applicant’s preliminary issues, finding the taxation proceedings were not a nullity.

  • Settlement agreements
  • Taxation of costs
  • Abuse of court process
  • Functus officio
  • Settlement-agreements
  • Taxation-of-costs
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Constitutional law [2025] ZMSC 10

Thelma Maunga (suing in her capacity as administrator of the estate of the late Suzyo Nyika) v The Anti-Corruption Commission and Anor (APPEAL No.5/2024; SCZ/8/37/2023)

Thelma Maunga (suing in her capacity as administrator of the estate of the late Suzyo Nyika) v The Anti-Corruption Commission and Anor (APPEAL No.5/2024; SCZ/8/37/2023) [2025] ZMSC 10 (17 April 2025)

The transfer of the matter from the Principal Registry to the Economic and Financial Crimes Division was not effected in accordance with Section 23(1) of the High Court Act, as no order of transfer was made. Consequently, the panel that heard the matter had no jurisdiction, rendering the proceedings and judgment a nullity. The matter is remitted to the High Court to be heard afresh by a judge other than those who previously sat.

  • Jurisdiction
  • Transfer of proceedings
  • Forfeiture of property
  • Protection of fundamental rights
  • Due process
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Arbitration [2025] ZMCA 72

HAMBANI NGWENYA AND ANOTHER V LUBAMBE COPPER MINE LIMITED (APPLICATION NO. SP 49/2024)

HAMBANI NGWENYA AND ANOTHER V LUBAMBE COPPER MINE LIMITED (APPLICATION NO. SP 49/2024) [2025] ZMCA 72 (16 April 2025)

The Court of Appeal dismissed an application for leave to appeal to the Supreme Court, finding no point of public importance, no reasonable prospect of success, and no compelling reason.

  • Leave to appeal
  • Setting aside arbitral award
  • Public policy
  • Discrimination in employment
  • Jurisdiction of arbitral tribunal
  • Leave-to-appeal
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Zambia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.