Zambia Case Law

Star Drilling and Exploration Limited v National Technologies Limted and Ors (APPEAL NO. 07/2024)

Star Drilling and Exploration Limited v National Technologies Limted and Ors (APPEAL NO. 07/2024) [2025] ZMSC 7 (21 February 2025)

Court

Supreme Court of Zambia

Case number

APPEAL NO. 07/2024

The Supreme Court held that the High Court cannot pierce the corporate veil to enforce an arbitral award or make non-parties liable for it.

• Enforcement of arbitral awards
• Piercing the corporate veil
• Jurisdiction of courts in arbitration
• Liability of company officers
• Finality of arbitral awards
• Arbitration

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Nichola Habeenzu v The People (APPEAL NO. 36/2024)

Nichola Habeenzu v The People (APPEAL NO. 36/2024) [2025] ZMCA 25 (21 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 36/2024

The conviction was upheld because the circumstantial evidence, including the appellant being seen taking the prosecutrix into his house and her emerging defiled shortly thereafter, was so cogent as to permit only an inference of guilt. The absence of direct testimony from the prosecutrix did not create reasonable doubt given the totality of the evidence.

Source excerpt

• Defilement
• Circumstantial evidence
• Corroboration
• Burden of proof

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First Quantum Mining and Operations Ltd v David Sendwe and Ors (Appeal No.22/2023)

First Quantum Mining and Operations Ltd v David Sendwe and Ors (Appeal No.22/2023) [2025] ZMCA 21 (20 February 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No.22/2023

The Court of Appeal dismissed the appeal for want of jurisdiction after finding the record of appeal and heads of argument were served out of time without leave.

• Appeal out of time
• Service of process
• Jurisdiction
• Dismissal for irregularity
• Appeal-out-of-time
• Service-of-process

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Brenda Mpashi v Attorney General and Anor (2024/CCZ/005)

Brenda Mpashi v Attorney General and Anor (2024/CCZ/005) [2025] ZMCC 4 (20 February 2025)

Court

Constitutional Court of Zambia

Case number

2024/CCZ/005

Regulation 10A is not unconstitutional as it only ousts court jurisdiction over decisions lawfully made under its terms, and does not prevent judicial scrutiny of decisions made in breach of its conditions. The Petitioner, having been dismissed under Regulation 10A, is only entitled to a refund of pension contributions under section 38 of the Public Service Pensions Act. The reliefs sought for reinstatement, salary arrears, and quashing of Regulation 10A are dismissed for lack of constitutional basis or jurisdiction.

Source excerpt

• Ouster clauses
• Judicial review
• Separation of powers
• Pension rights
• Dismissal from public service

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Nathan Mubanga (Suing as the father and next friend of a minor C M) and Anor v Attorney General (2023/HP/0403)

Nathan Mubanga (Suing as the father and next friend of a minor C M) and Anor v Attorney General (2023/HP/0403) [2025] ZMHC 3 (19 February 2025)

Court

High Court of Zambia

Case number

2023/HP/0403

High Court of Zambia judgment on alleged violations of freedom of conscience and religion, education, and protection from discrimination.

• Freedom-of-religion
• Right-to-education
• Non-discrimination

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Collins N'cube v The People (APPEAL NO. 27 /2024)

Collins N'cube v The People (APPEAL NO. 27 /2024) [2025] ZMCA 12 (18 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 27 /2024

The Court of Appeal upheld a murder conviction, finding the circumstantial evidence formed a complete chain and left only one reasonable inference of guilt.

• Murder
• Circumstantial evidence
• Standard of proof
• Appeals
• Circumstantial-evidence
• Criminal-appeals

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Starford Chimanga v The People (APPEAL NO. 32/2024)

Starford Chimanga v The People (APPEAL NO. 32/2024) [2025] ZMCA 11 (18 February 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 32/2024

The court found that the voire dires were properly conducted, the evidence of identity was sufficiently corroborated by medical reports and admissions, and the sentence of 35 years was not excessive given the aggravating factors.

Source excerpt

• Unnatural offences
• Evidence of children
• Corroboration
• Sentencing
• Voire dire

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Willard Hamunyangwa and Ors v The People (Appeal No. 39/2023; Appeal No. 40/2023; Appeal No. 41/2023)

Willard Hamunyangwa and Ors v The People (Appeal No. 39/2023; Appeal No. 40/2023; Appeal No. 41/2023) [2025] ZMCA 13 (18 February 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 39/2023 ; Appeal No. 40/2023 ; Appeal No. 41/2023

The confessions were improperly admitted and must be excluded; without them, there was no evidence against the 2nd and 3rd appellants, warranting their acquittal. The 1st appellant's possession of the deceased's phone was sufficient circumstantial evidence for conviction. The trial court erred in sentencing the 1st appellant to death as he was a juvenile at the time of the offence; a probation order is appropriate.

Source excerpt

• Murder
• Confession evidence
• Juvenile sentencing
• Circumstantial evidence
• Trial procedure

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Spectrum Corporation Services Limited v Lafarge Zambia Plc (Appeal No. 187/2023)

Spectrum Corporation Services Limited v Lafarge Zambia Plc (Appeal No. 187/2023) [2025] ZMCA 48 (14 February 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 187/2023

The Court of Appeal held the 5% fee term was an unenforceable agreement to agree, but awarded remuneration at prevailing consultant rates for work done.

• Agreements to agree
• Quantum meruit
• Interpretation of contracts
• Remuneration of consultants
• Damages for loss of use
• Contra proferentem rule

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Stanbic Bank Zambia Limited v Natasha Patel (SP No.66/2024)

Stanbic Bank Zambia Limited v Natasha Patel (SP No.66/2024) [2025] ZMCA 40 (14 February 2025)

Court

Court of Appeal of Zambia

Case number

SP No.66/2024

The application for leave to appeal to the Supreme Court is declined because the proposed grounds do not raise any points of law of public importance, the issues are settled, and the threshold for granting leave under section 13(3) of the Court of Appeal Act has not been met.

Source excerpt

• Severance pay
• Permanent and pensionable contracts
• Leave to appeal
• Interpretation of employment code act

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