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Zambia decisions
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Lumwana Mining Company Limited v Hansa Limited (Application 80/2024) [2025] ZMCA 55 (27 March 2025)
The Court of Appeal dismissed a preliminary objection, holding that the appellant’s grounds of appeal were properly framed and did not offend Rule 10(9)(2).
Mwiche Mudala v Daniel Mwebela and Anor (2022/HP/0944) [2025] ZMHC 73 (26 March 2025)
High Court negligence and insurance-claims dispute over a road accident, vehicle repairs, towing costs, car hire losses, and a third-party policy limit.
ABSA Bank Zambia v Jonas Kapungu Matende (APPEAL/65/2022) [2025] ZMCA 53 (26 March 2025)
The Court of Appeal held that an employee was not required to exhaust an optional internal appeal before suing, and dismissed the employer’s appeal.
Febby Ngoma v Adam Chikwanda and Anor (2021/HP/152) [2025] ZMHC 26 (26 March 2025)
The High Court held that a witness statement lacking the required statement of truth was inadmissible, expunged it, and allowed a fresh compliant filing.
Morgan Ng'ona (Suing as member and Secretary General of the Patriotic Front party) v Miles Bwalya Sampa (Sued in his capacity as President of the Patriotic Front) (2024/HP/0938) [2025] ZMHC 16 (25 March 2025)
The ex-parte stay granted to the Plaintiff was discharged because the decisions sought to be stayed were not the subject of judicial proceedings, judgment, or order, and the matter was not commenced by judicial review. The application for alteration of parties was declined as the issue of the legitimate President of the Patriotic Front Party is pending determination in another suit and formal recognition by the Registrar of Societies is required.
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Petrolink Limited v Sydney Chisanga and Anor (2021/HN/078) [2025] ZMHC 15 (25 March 2025)
The termination of the tenancies was effected in accordance with the Landlord and Tenant (Business Premises) Act, with proper notice and grounds stated. The Plaintiff failed to apply for a new tenancy or respond as required by law. The Plaintiff is not entitled to a declaration as legal tenant. The Defendants are entitled to possession, rental arrears, and mesne profits, but not to damages for trespass or breach of contract beyond the arrears and mesne profits.
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Miles Bwalya Sampa v Attorney General (2024/CCZ/0024) [2025] ZMCC 6 (24 March 2025)
The Constitutional Court dismissed an application to subpoena witnesses and documents in a challenge to the Mopani-IRH transaction, finding it premature, vague, and insufficiently relevant.
Elvis Haatila and Anor v The Director of Public Prosecutions (APPEAL NO:73/2023) [2025] ZMCA 54 (24 March 2025)
The respondent failed to prove, on a balance of probabilities, that the money in the appellants' accounts was tainted property as defined by the Forfeiture of Proceeds of Crime Act. There was no evidence directly linking the funds to any serious offence or to Ms. Chau's alleged criminal activities. The trial judge erred in placing the burden on the appellants to prove the money was not tainted property.
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Miza Phiri Jr v Isaac Mwanza and Ors (2024/CCZ/0021) [2025] ZMCC 5 (24 March 2025)
The Constitutional Court dismissed a petition that sought to stop another pending petition, holding that the filing was an abuse of process and raised no constitutional question.
Ernest Ernesto Sinyolo v The University of Zambia (2024/HP/1266) [2025] ZMHC 18 (24 March 2025)
The High Court dismissed an application to disqualify the plaintiff’s lawyers for alleged conflict of interest, finding no relevant confidential information or real risk of disclosure.
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