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Zambia Case Law

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Constitutional law [2025] ZMCC 33

Miles Bwalya Sampa v The Attorney General and Ors (2024/CCZ/0024)

Miles Bwalya Sampa v The Attorney General and Ors (2024/CCZ/0024) [2025] ZMCC 33 (18 December 2025)

The Court held that the transaction in question was a subscription for new shares by Delta Mining Limited in Mopani Copper Mines PLC, not a sale, transfer, or disposal of existing government-held shares. The newly issued shares were not 'equity held by Government' prior to the transaction. Furthermore, Article 210 of the Constitution, which requires parliamentary approval for the disposal of major state assets, is not operational in the absence of enabling legislation as required by the Constitution. Therefore, there was no constitutional violation and the petition was dismissed.

  • Disposal of state assets
  • Parliamentary approval
  • Corporate share subscription
  • Interpretation of constitution
  • Jurisdiction of constitutional court
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Constitutional law [2025] ZMCC 32

The Law Association of Zambia and Ors v The Attorney General (2025/CCZ/0029)

The Law Association of Zambia and Ors v The Attorney General (2025/CCZ/0029) [2025] ZMCC 32 (16 December 2025)

The application for a conservatory order was dismissed because the Technical Committee had already concluded its work and there was nothing left to conserve or restrain. The applicants moved the Court too late, and the relief sought had become moot.

  • Conservatory orders
  • Constitutional amendment process
  • Procedure for challenging single judge decisions
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Mining law [2025] ZMHC 130

Chivumbwe Mining Limited v Grizzly Mining Limited and Anor (2025/HP/0904)

Chivumbwe Mining Limited v Grizzly Mining Limited and Anor (2025/HP/0904) [2025] ZMHC 130 (12 December 2025)

The High Court lacks jurisdiction to entertain the Plaintiff's action as the dispute concerns mining rights, which are exclusively within the jurisdiction of the Minerals Regulation Commission and the Mining Appeals Tribunal. The Plaintiff's attempt to frame the matter as trespass does not alter the substance of the dispute, which requires determination of mining rights.

  • Jurisdiction
  • Trespass
  • Mining rights
  • Injunctions
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Land law [2025] ZMSC 29

Rephidim Institute Limited v Attorney General (SCZ/08/08/2025)

Rephidim Institute Limited v Attorney General (SCZ/08/08/2025) [2025] ZMSC 29 (12 December 2025)

The Supreme Court held that ZNS’s occupation did not create a legal or equitable interest in the land and allowed the owner’s appeal for compensation.

  • Compulsory acquisition
  • Certificate of title
  • Bona fide purchaser
  • State occupation of private land
  • Compensation for land
  • Cancellation of title
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Civil procedure [2025] ZMCA 181

Edith Chuulu and Anor v Monica Munalula and Anor (CAZ/08/543/2025)

Edith Chuulu and Anor v Monica Munalula and Anor (CAZ/08/543/2025) [2025] ZMCA 181 (11 December 2025)

The Court of Appeal of Zambia dismissed an application for leave to appeal out of time, finding the applicant had not shown sufficient cause for the delay.

  • Extension of time
  • Appeals
  • Court discretion
  • Extension-of-time
  • Court-discretion
  • Civil-procedure
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Constitutional law [2025] ZMCC 30

Legal Resources Foundation Limited v The Attorney General (2025/CCZ/0021)

Legal Resources Foundation Limited v The Attorney General (2025/CCZ/0021) [2025] ZMCC 30 (11 December 2025)

The Petitioner failed to demonstrate an arguable prima facie case with likelihood of success, as the alleged breaches regarding transparency and inclusivity were speculative and unsupported by evidence at this stage. There was no real risk of irreparable harm, as the JSC's recommendations are not binding and any appointments made could be nullified if the petition succeeds. Public interest in addressing judicial understaffing and avoiding delayed justice outweighs any prejudice to the Petitioner. Granting the conservatory order would not promote constitutional values in the circumstances.

  • Conservatory orders
  • Judicial service commission
  • Transparency in appointments
  • Public interest litigation
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Civil procedure [2025] ZMCA 177

ZSIC Life Limited and Anor v Yvonne Bwalya (CAZ NO/08/324/2025)

ZSIC Life Limited and Anor v Yvonne Bwalya (CAZ NO/08/324/2025) [2025] ZMCA 177 (11 December 2025)

The Court of Appeal of Zambia granted a stay of execution pending appeal, finding some prospects of success and risk of irreparable harm if judgment were enforced.

  • Stay of execution
  • Appeals
  • Pension benefits
  • Reinstatement
  • Judicial discretion
  • Stay-of-execution
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Civil procedure [2025] ZMHC 119

Shukri Esidieg Ahmed Eljaiedi v Khaled A M Melabbar and Ors (2025/HP/0685)

Shukri Esidieg Ahmed Eljaiedi v Khaled A M Melabbar and Ors (2025/HP/0685) [2025] ZMHC 119 (11 December 2025)

The failure to personally serve the first defendant with a letter of demand and obtain acknowledgment, or file an affidavit of service, is a fundamental and fatal omission that deprives the court of jurisdiction. The action is therefore incompetent and must be dismissed for irregularity and want of jurisdiction.

  • Irregularity of originating process
  • Service of letter of demand
  • Jurisdiction
  • Defamation
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Constitutional law [2025] ZMCC 31

Munir Zulu and Anor v Attorney General and Ors (2025/CCZ/009)

Munir Zulu and Anor v Attorney General and Ors (2025/CCZ/009) [2025] ZMCC 31 (10 December 2025)

The Constitutional Court dismissed a contempt application over Bill 7, holding it was misconceived because the petitioners relied on a rule that only governs commencement, not the substantive basis for contempt.

  • Contempt of court
  • Jurisdiction of constitutional court
  • Interlocutory applications
  • Contempt-of-court
  • Constitutional-court-jurisdiction
  • Interlocutory-applications
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Zambia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.