Zambia Case Law

Godfrey Shamanena v Anti-Corruption Commission (2024/CCZ/0020)

Godfrey Shamanena v Anti-Corruption Commission (2024/CCZ/0020) [2025] ZMCC 2 (6 February 2025)

Court

Constitutional Court of Zambia

Case number

2024/CCZ/0020

The petition did not raise a constitutional question as required to invoke the jurisdiction of the Constitutional Court. Alleged contraventions were tied to general values and principles, not to specific constitutional provisions requiring interpretation. The matters raised are suitable for ordinary courts, not the Constitutional Court.

Source excerpt

• Jurisdiction of constitutional court
• Interpretation of constitutional values and principles
• Public service values
• Remedies for constitutional violations

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Astro Holdings Limited and Ors v Edgar Hamuwele (Sued as Receiver of Courtyard Hotel Limited in Receivership) and Ors (Application No.75/2024)

Astro Holdings Limited and Ors v Edgar Hamuwele (Sued as Receiver of Courtyard Hotel Limited in Receivership) and Ors (Application No.75/2024) [2025] ZMCA 9 (31 January 2025)

Court

Court of Appeal of Zambia

Case number

Application No.75/2024

The Court found that there was inordinate delay in bringing the application, the reasons for delay were not sufficient or justifiable, and that Order 13/8 CAR does not empower the Court of Appeal to reopen its own judgment to address substantive legal or evidentiary issues. The Court held it is functus officio and only has jurisdiction to correct clerical errors within the prescribed time. The application was therefore dismissed.

Source excerpt

• Extension of time
• Slip rule
• Jurisdiction to reopen judgment
• Finality of litigation

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Paramount Chief Mpenzeni and Ors v Aaron Jere (APPEAL NO. 138/2024)

Paramount Chief Mpenzeni and Ors v Aaron Jere (APPEAL NO. 138/2024) [2025] ZMCA 8 (31 January 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 138/2024

The Zambian Evidence Act does not address the competence and compellability of parties as witnesses in civil actions, thus the Evidence Act 1851 of England applies. However, the Respondent failed to demonstrate the necessity and relevance of subpoenaing the 1st Appellant or additional witnesses after closure of cases. The lower court erred in granting leave to issue subpoenas without sufficient justification and in not awarding costs to the Appellants for the unnecessary applications.

Source excerpt

• Subpoena of witnesses
• Competence and compellability of parties as witnesses
• Reopening of case after closure
• Costs in civil litigation

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Setrec Steel And Wood Processing v Zambia National Commercial Bank Plc (APPEAL NO. 304 OF 2022)

Setrec Steel And Wood Processing v Zambia National Commercial Bank Plc (APPEAL NO. 304 OF 2022) [2025] ZMCA 6 (31 January 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 304 OF 2022

The Court of Appeal partly allowed a banking fraud appeal, entering judgment for unexplained transfers but rejecting damages for unproved loss.

• Fraud
• Burden of proof
• Bank-customer relationship
• Damages
• Set-off
• Banking-law

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Lovemore Gumbo v Standard Chartered Bank Plc (APPEAL NO. 57 /2023)

Lovemore Gumbo v Standard Chartered Bank Plc (APPEAL NO. 57 /2023) [2025] ZMCA 5 (31 January 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 57 /2023

The Court of Appeal dismissed an employment appeal, holding that a branch manager’s summary dismissal was not wrongful, unfair, or discriminatory.

• Wrongful dismissal
• Unfair dismissal
• Employment discrimination
• Disciplinary procedures
• Wrongful-dismissal
• Unfair-dismissal

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Zambia National Commercial Bank Plc and Ors v Allan Mulemwa Kandala and Ors (Appeal No. 181 of 2023)

Zambia National Commercial Bank Plc and Ors v Allan Mulemwa Kandala and Ors (Appeal No. 181 of 2023) [2025] ZMCA 3 (30 January 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No. 181 of 2023

The lower court lacked jurisdiction to proceed with the derivative action as leave of court was not sought or obtained prior to continuation of the suit. All proceedings and orders made by the lower court are a nullity for want of jurisdiction.

Source excerpt

• Derivative actions
• Receivership
• Jurisdiction
• Proper plaintiff rule
• Leave to continue derivative action

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Transquic Services Zambia Limited and Ors v African Banking Corporation Zambia Limited (T/A Atlas Mara) and Anor (APPEAL NO. 311/2021)

Transquic Services Zambia Limited and Ors v African Banking Corporation Zambia Limited (T/A Atlas Mara) and Anor (APPEAL NO. 311/2021) [2025] ZMCA 2 (29 January 2025)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 311/2021

The Court of Appeal dismissed an interpleader appeal, holding that stakeholder interpleader cannot be used where the rival claims have already become judgments.

• Interpleader proceedings
• Priority of judgments
• Execution of judgments
• Stakeholder standing
• Interpleader-proceedings
• Judgment-enforcement

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Agrovet Market Limited and Ors v Sikko Industries Limited (2024/HPC/0279)

Agrovet Market Limited and Ors v Sikko Industries Limited (2024/HPC/0279) [2025] ZMHC 2 (29 January 2025)

Court

High Court of Zambia

Case number

2024/HPC/0279

The High Court refused leave to issue subpoenas for ZARI officials, finding the application lacked particulars, relevance, necessity, and proportionality.

• Subpoena
• Evidence
• Trial procedure
• Adjournment
• Civil-procedure
• Trial-procedure

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Chubb European Group SE and Ors v Zopco SA and Ors (SP. 30/2024)

Chubb European Group SE and Ors v Zopco SA and Ors (SP. 30/2024) [2025] ZMCA 4 (28 January 2025)

Court

Court of Appeal of Zambia

Case number

SP. 30/2024

The Court of Appeal dismissed an application for leave to appeal to the Supreme Court and a stay of execution, finding no public-importance point or real prospect of success.

• Leave to appeal
• Stay of execution
• Jurisdiction clauses
• Costs
• Judicial discretion
• Leave-to-appeal

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Peter Mutale v Davies Mukumbwa (Appeal No.24/2024)

Peter Mutale v Davies Mukumbwa (Appeal No.24/2024) [2025] ZMCA 10 (24 January 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No.24/2024

The affidavit sworn by the appellant in South Africa was not authenticated as required by section 3 of the Authentication of Documents Act, rendering it fundamentally defective and inadmissible as evidence. The lower court was correct in expunging the affidavit and refusing to set aside the judgment on admission. The appeal was dismissed as the only valid ground failed.

Source excerpt

• Authentication of documents
• Service of process
• Affidavit requirements
• Setting aside judgment
• Right to be heard

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