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Zambia decisions
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Sikale Wood Manufacturers Limited v Access Bank Zambia Limited (2024/HPC/0641) [2025] ZMHC 17 (24 March 2025)
The High Court held that Access Bank had not properly closed the plaintiff’s accounts after instructions to do so, and ordered return of funds, closure, interest, and costs.
Dominic Twinjika v Barbara Hatoongo Moyo Twinjika (2020/HP/D/F/299) [2025] ZMHC 14 (20 March 2025)
The court found the matrimonial home was family property acquired during marriage and subject to property settlement. The Petitioner’s registration of the property in his mother’s name was an attempt to defeat the property settlement order and had no effect. The writ of possession was irregular as it was issued without leave of court. The Respondent was entitled to a vesting order for the property and car due to the Petitioner's refusal to comply with the judgment.
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The Director of Public Prosecutions v Lt Gen Eric Mwaba Chimese and Ors (2024 /HPEF /004) [2025] ZMHC 11 (18 March 2025)
The High Court dismissed a forfeiture application after the DPP failed to comply with prior orders on service and publication of notice.
Yapi Merkezi Insaat Ve Sanayi A.S. and Anor v Zambia Railways Limited and Anor (2024/HPC/0230) [2025] ZMHC 13 (14 March 2025)
In the absence of an appointed engineer as required by the contract, no valid certification of works or IPCs occurred; thus, neither the Plaintiffs' claims for payment nor the Defendants' counterclaims for overpayment or set-off are sustainable. Both parties are bound by their contract and must appoint an engineer to independently assess the value of works for proper reconciliation.
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Metro Advertising v Zambia National Commercial Bank Plc (2024/HPC/0542) [2025] ZMHC 8 (13 March 2025)
Paragraphs 19-29 of the Plaintiff's witness statement and the audio recording are privileged as they relate to settlement negotiations and are inadmissible under the without prejudice rule.
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Mwila Chibiliti v Cephas Chabu and Anor (2016/HP/0541) [2025] ZMHC 10 (11 March 2025)
The High Court of Zambia dismissed a defamation claim over a dismissal letter, holding the publication was protected by qualified privilege and there was no proof of express malice.
Daniel Ngosa Kalale v Abraham Simwanza (CAZ/08/194/2024) [2025] ZMCA 51 (11 March 2025)
The Court of Appeal of Zambia held that a late application for extension of time filed within the 21-day period was competent and granted the extension.
Cylinder Repair and Engineering Ltd and Anor v Foveros Mining Limited (2019/HKC/026) [2025] ZMHC 9 (10 March 2025)
The High Court declined to re-issue a writ of fieri facias after holding that the plaintiffs’ claim had been forfeited under a binding scheme of arrangement.
Petrushika Trading Limited v The Attorney General (2024/CCZ/0012) [2025] ZMCC 3 (6 March 2025)
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Ayoun Energy Limited And Anor v Mount Meru Petroleum Zambia Limited (2023/HPC/0143) [2025] ZMHC 6 (5 March 2025)
There was a contract between the parties evidenced by purchase orders, payments, and conduct. The Defendant breached the contract by failing to deliver the contracted quantities of diesel and unilaterally rescinding the agreement. However, the Plaintiffs failed to prove fraudulent misrepresentation, economic loss, or reputational damage. As all funds for undelivered fuel were refunded and no actual loss was proved, only nominal damages are awarded.
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