Zambia Case Law

Zambia National Commercial Bank Plc v Martin Tembo Anor (Appeal No. 98/2023)

Zambia National Commercial Bank Plc v Martin Tembo Anor (Appeal No. 98/2023) [2025] ZMCA 59 (15 April 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 98/2023

The lower court erred in finding wrongful dismissal after determining the Respondents underwent a fair disciplinary process, as wrongful dismissal is limited to procedural breaches. However, the dismissal was unfair because there was no factual basis for termination, the loss was caused by a system flaw, not employee negligence, and the Respondents were made scapegoats. The award of 36 months' salary was justified due to reputational harm and limited job prospects, but the award of pension benefits for the notice period was unsupported by evidence and set aside.

Source excerpt

• Wrongful dismissal
• Unfair dismissal
• Damages for dismissal
• Employment procedures
• Burden of proof

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Citibank Zambia Limited v Suhayl Dudhia (Appeal No.16/2020)

Citibank Zambia Limited v Suhayl Dudhia (Appeal No.16/2020) [2025] ZMCA 60 (15 April 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No.16/2020

The employer, having commenced disciplinary proceedings, was not entitled to terminate the Respondent's employment by invoking the notice clause before concluding the process. The court was justified in looking behind the notice clause due to evidence of unfair treatment and procedural impropriety. The award of 38 months' salary as damages was not excessive given the Respondent's position and the adverse impact on his future employment prospects. However, the award of costs was improper as there was no evidence of vexatious or unreasonable conduct by the Appellant.

Source excerpt

• Wrongful dismissal
• Unfair dismissal
• Damages for termination
• Employment contract interpretation
• Costs in labour disputes

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Konkola Copper Mines Plc (In Provicional Liquidation) v the Copperbelt Energy Corporation Plc (CAZ NO 08/335/2024)

Konkola Copper Mines Plc (In Provicional Liquidation) v the Copperbelt Energy Corporation Plc (CAZ NO 08/335/2024) [2025] ZMCA 58 (11 April 2025)

Court

Court of Appeal of Zambia

Case number

CAZ NO 08/335/2024

The application for a stay of further execution and sale of seized goods was incompetently before the Court of Appeal, as jurisdiction lay with the lower court and no special circumstances were shown to justify direct application to the appellate court.

Source excerpt

• Jurisdiction
• Stay of execution
• Scheme of arrangement
• Liquidation

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Mirriam Banda Zimba vs CFB Medical Center Limited (Application No. SP65/2024)

Mirriam Banda Zimba vs CFB Medical Center Limited (Application No. SP65/2024) [2025] ZMCA 73 (10 April 2025)

Court

Court of Appeal of Zambia

Case number

Application No. SP65/2024

The intended grounds of appeal do not raise any point of law of public importance or weighty issue as required under Section 13 of the Court of Appeal Act and the Bidvest case. All issues raised were considered and relate to findings of fact, not law. There is no reasonable prospect of success, and the matter does not meet the threshold for leave to appeal to the Supreme Court.

Source excerpt

• Legitimate expectation
• Renewal of fixed term contract
• Leave to appeal
• Public importance in appeals

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Kagem Mining Limited v Bisma Investments Limited and Ors (2024/HP / 1635)

Kagem Mining Limited v Bisma Investments Limited and Ors (2024/HP / 1635) [2025] ZMHC 148 (9 April 2025)

Court

High Court of Zambia

Case number

2024/HP / 1635

The High Court lacks jurisdiction to determine the Plaintiff's claims as they emanate from mining rights disputes, which must first be addressed through the statutory procedure under the Mines and Minerals Development Act. The Plaintiff failed to exhaust the prescribed grievance procedure before approaching the High Court.

Source excerpt

• Jurisdiction
• Abuse of process
• Unjust enrichment
• Contract
• Constructive trust

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Attorney General v Rajan Mahthani (APPEAL NO.4 OF 2020)

Attorney General v Rajan Mahthani (APPEAL NO.4 OF 2020) [2025] ZMSC 9 (8 April 2025)

Court

Supreme Court of Zambia

Case number

APPEAL NO.4 OF 2020

The Supreme Court dismissed a preliminary objection, holding the appeal was properly before it and that res judicata did not bar proposed criminal charges.

• Judicial review
• Res judicata
• Standard of proof
• Nolle prosequi
• Appeals procedure
• Judicial-review

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Munir Zulu v The Attorney General and Ors (2025/CCZ/0010)

Munir Zulu v The Attorney General and Ors (2025/CCZ/0010) [2025] ZMCC 7 (7 April 2025)

Court

Constitutional Court of Zambia

Case number

2025/CCZ/0010

The Constitutional Court lacks jurisdiction under Article 128(2) of the Constitution to stay criminal proceedings in the Subordinate Court; only the court where the constitutional question arises may stay proceedings and refer the matter to the Constitutional Court.

Source excerpt

• Jurisdiction of constitutional court
• Stay of proceedings
• Parliamentary immunity
• Referral of constitutional questions

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Abaleka Mwandila v Richard Kazala (CAZ/08/020/2021)

Abaleka Mwandila v Richard Kazala (CAZ/08/020/2021) [2025] ZMCA 57 (4 April 2025)

Court

Court of Appeal of Zambia

Case number

CAZ/08/020/2021

The Appellant's application to set aside the order for adjournment was filed more than two months after the order, far outside the reasonable period of fourteen days established by precedent. No leave for extension of time was sought or obtained. Therefore, the application is incompetent and the court lacks jurisdiction to hear it.

Source excerpt

• Jurisdiction
• Time limits
• Preliminary objection
• Court procedure

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The Securities and Exchange Commission v Zambia Breweries Plcs and 2 Ors (SCZ/7/16/2024)

The Securities and Exchange Commission v Zambia Breweries Plcs and 2 Ors (SCZ/7/16/2024) [2025] ZMSC 23 (3 April 2025)

Court

Supreme Court of Zambia

Case number

SCZ/7/16/2024

The Supreme Court granted leave to appeal over whether the SEC could charge authorization fees for a merger and takeover under the repealed Securities Act.

• Authority to levy authorization fees
• Retrospective application of statutory instruments
• Public importance threshold for appeals
• Securities-law
• Statutory-interpretation
• Leave-to-appeal

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Zambia Cargo and Logistics Limited v David Chimfwembe (2024/HP/ARB/NO. 008)

Zambia Cargo and Logistics Limited v David Chimfwembe (2024/HP/ARB/NO. 008) [2025] ZMHC 85 (2 April 2025)

Court

High Court of Zambia

Case number

2024/HP/ARB/NO. 008

The High Court dismissed an application to consolidate two arbitration-related actions, holding the matters were not pending in the same division. Leave to appeal was granted.

• Consolidation of actions
• Jurisdiction
• Setting aside arbitral awards
• Consolidation-of-actions
• Arbitration
• Civil-procedure

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