Zambia Case Law

Kaela Katebe Kanswe (Suing in her capacity as beneficiary and Joint Administrator of the Estate of the late Emmanuel Kanswe) v Evaristo Mfuta (Sued in his capacity as Administrator of the Estate of the late Emmanuel Kanswe) (Appeal No. 69/ 2023)

Kaela Katebe Kanswe (Suing in her capacity as beneficiary and Joint Administrator of the Estate of the late Emmanuel Kanswe) v Evaristo Mfuta (Sued in his capacity as Administrator of the Estate of the late Emmanuel Kanswe) (Appeal No. 69/ 2023) [2025] ZMCA 20 (26 February 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 69/ 2023

Stepchildren are not automatic heirs under the Intestate Succession Act and must be legally adopted to inherit as children. The appellant and her brother, not being legally adopted, are classified as dependants and entitled to 10% of the estate. The property is to be sold and proceeds distributed among the surviving parent and dependants in accordance with the Act.

Source excerpt

• Intestate succession
• Adoption
• Dependants' rights
• Distribution of estate

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Jackson Phiri and Anor v The People (APPEAL NO:39/2023; APPEAL NO:40/2023)

Jackson Phiri and Anor v The People (APPEAL NO:39/2023; APPEAL NO:40/2023) [2025] ZMCA 28 (26 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO:39/2023 ; APPEAL NO:40/2023

The Court of Appeal dismissed two appellants’ challenge to murder convictions, holding that epilepsy alone did not justify diminished responsibility without supporting medical evidence.

• Murder
• Diminished responsibility
• Insanity defence
• Epilepsy and criminal responsibility
• Criminal-law
• Diminished-responsibility

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ZKH Investment Limited and Anor v Machemba Multi-Purpose Cooperative and Anor (APPEAL NO. 77 /2023)

ZKH Investment Limited and Anor v Machemba Multi-Purpose Cooperative and Anor (APPEAL NO. 77 /2023) [2025] ZMCA 35 (26 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 77 /2023

The 2nd Appellant was found to be the agent of the 1st Appellant by conduct and circumstances, making the 1st Appellant liable for the delivery of 343 bags of fertilizer or its monetary equivalent to the 1st Respondent. The contract was between the 1st Appellant and the 1st Respondent, and the 2nd Respondent, not being a party to the contract, could not claim under it. The 1st Appellant's failure to deliver constituted a breach of contract.

Source excerpt

• Agency relationship
• Breach of contract
• Privity of contract
• Indoor management rule
• Unjust enrichment

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Road Transport and Safety Agency v Zindaba Soko (APPEAL NO. 84/2023)

Road Transport and Safety Agency v Zindaba Soko (APPEAL NO. 84/2023) [2025] ZMCA 52 (26 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 84/2023

The Court of Appeal held that continued service after expiry did not renew the employment contract, set aside the vehicle award, and awarded costs to the appellant.

• Employment contract renewal
• Termination of employment
• Entitlement to benefits
• Costs
• Unjust enrichment
• Employment-contract-renewal

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African Trading Limited v M.M Integrated Steel Mills Limited (APPEAL NO.48/2023)

African Trading Limited v M.M Integrated Steel Mills Limited (APPEAL NO.48/2023) [2025] ZMCA 42 (26 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO.48/2023

The Court of Appeal held that the appellants were not innocent purchasers for value without notice and upheld cancellation of the unlawfully created titles.

• Bona fide purchaser for value
• Fraudulent land subdivision
• Constructive notice
• Title cancellation
• Negligence in land administration
• Bona-fide-purchaser

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Mansfield Scott Investments Limited v Barclays Banks Zambia Plc (Application No. SP 45/2024)

Mansfield Scott Investments Limited v Barclays Banks Zambia Plc (Application No. SP 45/2024) [2025] ZMCA 16 (25 February 2025)

Court

Court of Appeal of Zambia

Case number

Application No. SP 45/2024

The Court found that the intended grounds of appeal are based on findings of fact and do not raise points of law of public importance as required by section 13(3) of the Court of Appeal Act. The Applicant failed to demonstrate any real prospect of success or any compelling reason for the appeal to be heard by the Supreme Court. The application was dismissed as it only affected the private interests of the Applicant and was an attempt to re-litigate issues already determined.

Source excerpt

• Leave to appeal
• Banker-customer relationship
• Negligence
• Fiduciary duty
• Mandate of bank signatories

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Alick Kambani v Pulse Financial Services Limited (T / A Entrepreneurs Financial Center) (APPEAL NO. 85 OF 2023)

Alick Kambani v Pulse Financial Services Limited (T / A Entrepreneurs Financial Center) (APPEAL NO. 85 OF 2023) [2025] ZMCA 36 (25 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 85 OF 2023

Court of Appeal allowed an appeal against summary dismissal, holding the claim raised triable issues about account restrictions, contract frustration, and possible unjust enrichment.

• Cause of action
• Summary judgment
• Investment agreements
• Account restrictions
• Unjust enrichment
• Cause-of-action

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VG Limited T/A Michelange Executive Lodge And Restaurant v Development Bank of Zambia (APPEAL No. 72 / 2024)

VG Limited T/A Michelange Executive Lodge And Restaurant v Development Bank of Zambia (APPEAL No. 72 / 2024) [2025] ZMCA 33 (25 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 72 / 2024

The respondent was entitled to post-judgment statutory interest on the judgment debt from the date of judgment (26 February 2020) until the date of final payment (25 January 2022), as there was no agreement to forbear such interest and statutory interest is mandatory under the Judgments Act.

Source excerpt

• Post-judgment interest
• Loan agreements
• Specific performance
• Damages for breach of contract

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Finsbury Investments Limited And Ors v Zambezi Portland Cement Limited (APPEAL N0.37 /2024)

Finsbury Investments Limited And Ors v Zambezi Portland Cement Limited (APPEAL N0.37 /2024) [2025] ZMCA 26 (25 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL N0.37 /2024

The appeal was incompetently before the Court as it was against an interlocutory order made in chambers without leave, and the correct procedure was to renew the application before a single judge of the Court of Appeal. The Court therefore lacked jurisdiction to determine the appeal on its merits.

Source excerpt

• Jurisdiction
• Interlocutory appeals
• Stay of proceedings
• Procedural impropriety

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Fredrick Mwiinga v Stephen Jere (Appeal No.73/2024)

Fredrick Mwiinga v Stephen Jere (Appeal No.73/2024) [2025] ZMCA 34 (25 February 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No.73/2024

The Court of Appeal dismissed an appeal as procedurally irregular because the appellant should have renewed the interlocutory injunction application before a single judge.

• Appeals
• Interlocutory injunctions
• Procedural irregularity
• Renewal of applications
• Civil-procedure
• Interlocutory-injunctions

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