Zambia Case Law

Alfbeth Limited And Ors v Development Bank Of Zambia (In Possession) (APPEAL No. 69 /2024)

Alfbeth Limited And Ors v Development Bank Of Zambia (In Possession) (APPEAL No. 69 /2024) [2025] ZMCA 31 (25 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 69 /2024

The Court of Appeal dismissed a challenge to refusal of instalment payments on a mortgage debt, finding no sufficient reason and no binding payment agreement.

• Enforcement of judgments
• Mortgage foreclosure
• Payment by instalments
• Discretion of court
• Secured creditors
• Payment-by-instalments

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Yingstar Investment Company Limited v Netur Plex Investment Limited (Appeal No.55/2024)

Yingstar Investment Company Limited v Netur Plex Investment Limited (Appeal No.55/2024) [2025] ZMCA 30 (24 February 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No.55/2024

The Court of Appeal held there was no enforceable oral contract for water labels and no agency relationship. The lower court’s award was set aside and costs were awarded to the appellant.

• Oral contracts
• Consideration
• Agency
• Burden of proof
• Privity of contract
• Oral-contracts

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Zambia National Commercial Bank v Sandy Sindazi (T / A Sansin Business Solutions) (Appeal No. 70/2024)

Zambia National Commercial Bank v Sandy Sindazi (T / A Sansin Business Solutions) (Appeal No. 70/2024) [2025] ZMCA 32 (24 February 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 70/2024

The Court of Appeal held there was no breach of contract because the alleged obligations were not part of the written agreement, and set aside damages.

• Breach of contract
• Damages
• Special damages
• Contractual interpretation
• Breach-of-contract
• Special-damages

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Steven Nkole and Anor v Paul Mwaba Mwila and Anor (APPEAL NO. 255/2022)

Steven Nkole and Anor v Paul Mwaba Mwila and Anor (APPEAL NO. 255/2022) [2025] ZMCA 19 (24 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 255/2022

The selection and installation of both appellants as Chief Mwenda were contrary to the customs and traditions of the Chishinga people, as the required agreement among the three lineages and selection by queen mothers did not occur, and the Chikwa Nambale lineage remains banned from succession until the curse is lifted. The Kaunda lineage is next eligible to provide a successor. The lower court did not err in its findings or in declining to sit with assessors.

Source excerpt

• Chieftaincy succession
• Customary law of succession
• Traditional leadership disputes
• Rotation of chieftainship
• Role of assessors in customary law cases

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Evance Chikumbi v Rodrick Phiri and Ors (APPEAL NO. 79/2024)

Evance Chikumbi v Rodrick Phiri and Ors (APPEAL NO. 79/2024) [2025] ZMCA 18 (24 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 79/2024

The Court of Appeal partly allowed an injunction appeal in a chieftaincy dispute, holding that completed selection could not be restrained but further installation steps could be stayed.

• Injunctions
• Status quo preservation
• Traditional leadership succession
• Chieftaincy-disputes
• Customary-law
• Civil-procedure

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Kimz Commodity Services Limited v Western Seed Company Zambia Limited (Appeal No. 48 of 2024)

Kimz Commodity Services Limited v Western Seed Company Zambia Limited (Appeal No. 48 of 2024) [2025] ZMCA 15 (24 February 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 48 of 2024

The lower court correctly applied the burden of proof and found the respondent proved its claim for the outstanding seed supplied, less payments made. However, the lower court erred in disregarding the 15% discount reflected in credit notes for donated seed, which should be considered in the assessment of the amount due. The award of compound interest was consistent with the express contractual terms. The counterclaim failed for lack of evidence.

Source excerpt

• Breach of contract
• Assessment of damages
• Interest on judgments
• Burden of proof

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Patrick Banda v The People (APPEAL NO. 41/2024)

Patrick Banda v The People (APPEAL NO. 41/2024) [2025] ZMCA 29 (24 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 41/2024

The Court of Appeal upheld Patrick Banda’s murder conviction, finding the circumstantial evidence cogent and the accidental-fall explanation implausible.

• Murder
• Circumstantial evidence
• Appeals
• Malice aforethought
• Criminal-law
• Circumstantial-evidence

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Kenneth Kaira (Suing In His Capacity As Acting Secretary General of United National Independence Party) v Mulenga Mwiche And Anor (APPLICATION 74/2024)

Kenneth Kaira (Suing In His Capacity As Acting Secretary General of United National Independence Party) v Mulenga Mwiche And Anor (APPLICATION 74/2024) [2025] ZMCA 37 (24 February 2025)

Court

Court of Appeal of Zambia

Case number

APPLICATION 74/2024

Where the lower court's ruling does not grant any enforceable remedy, a stay of execution is not appropriate. The appellant demonstrated prospects of success on appeal and the need to preserve the status quo, justifying the grant of an injunction pending appeal.

Source excerpt

• Injunctions
• Stay of execution
• Appeals

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Zambia Industrial Commercial Bank Limited v Lunga Resources Limited (APPEAL No. 71 of 2024)

Zambia Industrial Commercial Bank Limited v Lunga Resources Limited (APPEAL No. 71 of 2024) [2025] ZMCA 14 (21 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 71 of 2024

The appeal was upheld because the lower court misapprehended the evidence and facts, there was no obligation on the appellant to release the title deeds to the respondent, the securities were held for a third party's debt, and the respondent failed to prove any damages or entitlement to the reliefs claimed.

Source excerpt

• Mortgage enforcement
• Damages
• Consent orders
• Release of security
• Burden of proof

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Ignitious Botha v The People (APPEAL NO. 31/2024)

Ignitious Botha v The People (APPEAL NO. 31/2024) [2025] ZMCA 23 (21 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 31/2024

There was no evidence that the prosecution witnesses had a motive to falsely implicate the appellant, and their evidence did not require corroboration. The appellant's explanation was inconsistent and improbable, and the defences of self-defence, provocation, and accident were not available to him as he denied shooting the deceased. The conviction and sentence were upheld.

Source excerpt

• Murder
• Corroboration of evidence
• Witness credibility
• Self-defence
• Provocation
• Accident

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