Zambia Case Law

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 49 (14 February 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 187/2023

The mandate letter did not create an enforceable agreement for a 5% success-based fee as remuneration was expressly subject to negotiation, rendering the term uncertain and unenforceable. However, the appellant performed substantial work that formed the basis for the tax benefits ultimately received by the respondent. The appellant is entitled to remuneration for work done at the prevailing rates of tax consultants, to be assessed by the Registrar. The claim for damages for loss of use of money fails for lack of specific pleading and proof.

Source excerpt

• Agreement to agree
• Quantum meruit
• Interpretation of contracts
• Remuneration of consultants
• Damages for loss of use

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Dr. Godfrey Hampwaya and Ors v The Council of the University of Zambia (2023/CCZ/0027)

Dr. Godfrey Hampwaya and Ors v The Council of the University of Zambia (2023/CCZ/0027) [2025] ZMCC 1 (13 February 2025)

Court

Constitutional Court of Zambia

Case number

2023/CCZ/0027

The petitioners retired before the 2016 constitutional amendment and were not members of the LASF. Their pension rights were governed by the ZSIC superannuation scheme, not the LASF Act or the 2016 Constitution. Article 189 does not apply retrospectively. The claims for payroll retention and accrued salaries do not raise constitutional issues and are not justiciable before the Constitutional Court. The FIFO policy is an administrative measure and not unconstitutional.

Source excerpt

• Pension benefits
• Retrospective application of law
• Constitutional interpretation
• Employment contracts
• Payroll retention
• Statutory interpretation

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Chimuka Malambo Malawo v Stanbic Bank Zambia Limited (2024/HPC/387)

Chimuka Malambo Malawo v Stanbic Bank Zambia Limited (2024/HPC/387) [2025] ZMHC 87 (13 February 2025)

Court

High Court of Zambia

Case number

2024/HPC/387

The plaintiff failed to prove on a balance of probabilities that the disputed transactions were unauthorised. The evidence showed she was registered for mobile banking, continued to use the phone number linked to her account, and did not instruct the bank to remove the number or take reasonable steps to prevent unauthorised transactions. The bank acted within its mandate and was not liable for the loss.

Source excerpt

• Banker-customer relationship
• Mandate and authority for account transactions
• Electronic banking fraud
• Burden of proof in unauthorised transactions

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Road Development Agency v Stefanutti Stocks And Consolidated Contractors Company Joint Venture (Appeal No.31 of 2024)

Road Development Agency v Stefanutti Stocks And Consolidated Contractors Company Joint Venture (Appeal No.31 of 2024) [2025] ZMCA 39 (13 February 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No.31 of 2024

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Source excerpt

• Content Filtered

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Kakoma Farms Limited v Global Agricultural Development Limited And Anor (Appeal No. 407 of 2023)

Kakoma Farms Limited v Global Agricultural Development Limited And Anor (Appeal No. 407 of 2023) [2025] ZMCA 38 (13 February 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 407 of 2023

The appellant was not bound by the acts of the 2nd respondent beyond the express terms of the agency agreement. There was no valid contract of sale between the appellant and the 1st respondent, and the lower court erred in extending liability to the appellant. Quantum meruit was not available to the 1st respondent against the appellant, but the 1st respondent may be compensated for services rendered, to be assessed by the Registrar. The award to the 2nd respondent was set aside as there was no proof of sale or entitlement. Costs were ordered to be borne by each party.

Source excerpt

• Principal-agent relationship
• Specific performance
• Quantum meruit
• Damages
• Costs

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Zambia Telecommunication Company v Felix Musonda and Ors (SCZ/08/03/2023)

Zambia Telecommunication Company v Felix Musonda and Ors (SCZ/08/03/2023) [2025] ZMSC 6 (12 February 2025)

Court

Supreme Court of Zambia

Case number

SCZ/08/03/2023

The Supreme Court held that the High Court judgment did not award retirement benefits as a relief separate from allowances on gratuity. The trial judge had read Clauses 8 and 9 together, entitling the respondents to a single retirement benefit, and the Supreme Court had already set aside the inclusion of allowances. Therefore, there was nothing further to assess, and the Court of Appeal erred in referring the matter for assessment. The trial judge was correct to interpret her judgment in light of the Supreme Court's binding decision.

Source excerpt

• Retirement benefits
• Interpretation of judgments
• Res judicata
• Assessment of damages

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Perry Mapani v Industrial Development Corporation Limited (2023/HPIR/1044)

Perry Mapani v Industrial Development Corporation Limited (2023/HPIR/1044) [2025] ZMHC 46 (11 February 2025)

Court

High Court of Zambia

Case number

2023/HPIR/1044

The Respondent breached both the employment contract and statutory requirements by failing to conduct and communicate assessments before extending probation and by terminating employment outside the lawful probation period, rendering the dismissal both wrongful and unfair. The Complainant is entitled to an aggregated award of forty-four months' salary as damages, but not to unearned salary, accrued entitlements, or reputational damages due to lack of evidence.

Source excerpt

• Unfair dismissal
• Wrongful dismissal
• Probation extension
• Employment contract breach
• Damages assessment

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The People v Attorney General (Ex Parte Nickson Chilangwa) (2024/ CCZ/R001)

The People v Attorney General (Ex Parte Nickson Chilangwa) (2024/ CCZ/R001) [2025] ZMCC 9 (10 February 2025)

Court

Constitutional Court of Zambia

Case number

2024/ CCZ/R001

Imprisonment of a Member of Parliament triggers automatic vacation of the seat and a by-election by operation of law; neither an appeal nor judicial review can stay or affect this process, except for nomination challenges.

Source excerpt

• Vacancy of parliamentary seat
• Disqualification of member of parliament
• Judicial review
• By-elections

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Speedpay Limited v Puma Energy Plc (2024/HPC/0027)

Speedpay Limited v Puma Energy Plc (2024/HPC/0027) [2025] ZMHC 7 (7 February 2025)

Court

High Court of Zambia

Case number

2024/HPC/0027

There was no valid and enforceable agreement between the parties following the expiry of the EUSLA, as negotiations for the purchase of the license did not result in a concluded contract. Therefore, the Plaintiff is not entitled to specific performance, an independent valuation, payment for the license, or damages for breach of contract.

Source excerpt

• Specific performance
• Breach of contract
• Software licensing
• Damages
• Valuation of intangible assets

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Olusegun Adedayo Yerokun v Zambian Open University Limited (2018/HP/A023)

Olusegun Adedayo Yerokun v Zambian Open University Limited (2018/HP/A023) [2025] ZMHC 5 (6 February 2025)

Court

High Court of Zambia

Case number

2018/HP/A023

The High Court allowed the appeal in part, holding that Zambian Open University’s Board lacked jurisdiction to hear the disciplinary case and that the dismissal was unlawful.

• Wrongful dismissal
• Natural justice
• Interpretation of employment contracts
• Jurisdiction of disciplinary bodies
• Double jeopardy in employment discipline
• Wrongful-dismissal

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