Zambia Case Law

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

Peter Mutale v Davies Mukumbwa (Appeal No.24/2024) [2025] ZMCA 79 (24 January 2025)

Court

Court of Appeal of Zambia

Case number

Appeal No.24/2024

An affidavit executed outside Zambia and not authenticated in accordance with section 3 of the Authentication of Documents Act is fundamentally defective and cannot be used as evidence in Zambian proceedings. The lower court was correct in expunging the unauthenticated affidavit. The appeal was dismissed as the only valid ground related to the affidavit's admissibility, and the appellant's other grounds were incompetent for being argumentative and narrative.

Source excerpt

• Authentication of documents
• Service of process
• Setting aside judgment
• Affidavit requirements

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Tasila Lungu v The Director of Public Prosecutions (CAZ/08/548/2024)

Tasila Lungu v The Director of Public Prosecutions (CAZ/08/548/2024) [2025] ZMCA 1 (22 January 2025)

Court

Court of Appeal of Zambia

Case number

CAZ/08/548/2024

The Court of Appeal granted a conditional stay of execution in a civil forfeiture appeal, holding that the appellant could keep possession but not dispose of the property.

• Stay of execution
• Civil forfeiture
• Possession of property
• Affidavit practice
• Stay-of-execution
• Civil-forfeiture

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Davies Chishala and Anor v The People (APPEAL NOs. 15,16/2021; APPEAL NOs. 15,16/2021)

Davies Chishala and Anor v The People (APPEAL NOs. 15,16/2021; APPEAL NOs. 15,16/2021) [2025] ZMSC 2 (16 January 2025)

Court

Supreme Court of Zambia

Case number

APPEAL NOs. 15,16/2021 ; APPEAL NOs. 15,16/2021

The prosecution failed to prove beyond reasonable doubt that the assault by the 1st appellant caused the death of the deceased. The trial court erred in relying on the previous inconsistent statement of a hostile witness as corroboration and in admitting the deceased's statement to his wife as part of the res gestae exception to hearsay. The discrepancies between the medical evidence and the assault described by witnesses created reasonable doubt as to causation.

Source excerpt

• Murder
• Assault
• Hearsay evidence
• Res gestae
• Burden of proof
• Hostile witness

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Occupational Health and Safety Institute v James Mataliro (SCZ No.8/ 14/2022)

Occupational Health and Safety Institute v James Mataliro (SCZ No.8/ 14/2022) [2025] ZMSC 1 (15 January 2025)

Court

Supreme Court of Zambia

Case number

SCZ No.8/ 14/2022

The Supreme Court granted leave to appeal on a novel question about whether advocates in private practice may also hold salaried employment.

• Dual employment of advocates
• Interpretation of legal practitioners practice rules
• Leave to appeal criteria
• Legal-profession-regulation
• Leave-to-appeal
• Employment-law

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Minimart Development Corporation Company Limited v Ackim Chirwa and Ors (SCZ/8/25/2023)

Minimart Development Corporation Company Limited v Ackim Chirwa and Ors (SCZ/8/25/2023) [2025] ZMSC 4 (15 January 2025)

Court

Supreme Court of Zambia

Case number

SCZ/8/25/2023

The Supreme Court of Zambia granted leave to appeal over whether a loan liability transfer to a company was valid, but refused a stay of execution.

• Leave to appeal
• Shareholder rights
• Loan agreements
• Foreclosure
• Transfer of liability
• Leave-to-appeal

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Route Quest (Pty) Limited v Al- Aziz Logistics Limited and Anor (2024/HPC/0146)

Route Quest (Pty) Limited v Al- Aziz Logistics Limited and Anor (2024/HPC/0146) [2025] ZMHC 1 (15 January 2025)

Court

High Court of Zambia

Case number

2024/HPC/0146

The jurisdiction clause in the Master Lease Agreement is non-exclusive and does not expressly oust the jurisdiction of the Zambian High Court. The Plaintiff is entitled to elect a competent forum, and the Zambian court retains jurisdiction unless it is shown that another forum is more appropriate. No sufficient evidence was adduced to show that the Zambian court is an inappropriate forum. The preliminary objection is dismissed.

Source excerpt

• Jurisdiction
• Choice of law
• Forum selection clauses
• Preliminary objection

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William Saunders v Pemba Lapidiaries Limted and Anor (SCZ/8/28/2023)

William Saunders v Pemba Lapidiaries Limted and Anor (SCZ/8/28/2023) [2025] ZMSC 5 (15 January 2025)

Court

Supreme Court of Zambia

Case number

SCZ/8/28/2023

The Supreme Court granted leave to appeal and a stay, holding that the proposed appeal on lifting the corporate veil raised reasonable prospects of success.

• Lifting the corporate veil
• Joinder of parties
• Stay of execution
• Appeals
• Lifting-the-corporate-veil
• Joinder-of-parties

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Rotor Moulder Enterprises Limited v Stanley Jordan and Ors (Appeal No. 211/2022)

Rotor Moulder Enterprises Limited v Stanley Jordan and Ors (Appeal No. 211/2022) [2024] ZMCA 346 (31 December 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 211/2022

The Court of Appeal set aside a writ of possession, holding that the lower court could not override a consent order without a fresh action and notice to occupants.

• Consent judgments
• Writ of possession
• Enforcement of judgments
• Notice requirements
• Jurisdiction
• Limitation of actions

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Savenda Mangement Services Limited v Lumwana Company Limited (Appeal No.165/2024)

Savenda Mangement Services Limited v Lumwana Company Limited (Appeal No.165/2024) [2024] ZMCA 344 (31 December 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No.165/2024

The Court of Appeal dismissed an appeal against refusal to grant leave to review a High Court ruling, holding the appellant showed no sufficient ground for review.

• Review of court decisions
• Discovery and inspection of documents
• Supplementary evidence
• Appeal vs review
• Discretionary judicial powers
• Civil-procedure

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Lloyd Mvula v National Institute of Public Administration (2023/HN/IR/14)

Lloyd Mvula v National Institute of Public Administration (2023/HN/IR/14) [2024] ZMCA 357 (30 December 2024)

Court

Court of Appeal of Zambia

Case number

2023/HN/IR/14

The Complainant is entitled to terminal benefits, pension, and accrued leave days as per contract and statutory minimums. Gratuity for 2013-2019 is not payable due to resignation, but gratuity for 2019-2022 is payable at 25% of basic salary. The Respondent must provide full pension statements and pay any shortfall. Salary arrears and aggravated damages are dismissed for lack of proof. Interest is awarded on judgment sums. Each party bears own costs.

Source excerpt

• Terminal benefits
• Gratuity
• Pension entitlement
• Accrued leave
• Salary arrears
• Damages

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