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Zambia decisions
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Brian Banda Lupasa v Sipiwe Sinda Mulomba Ngoma and Ors (2019/HP/0675) [2024] ZMHC 283 (17 December 2024)
The High Court partially allowed an amendment application, permitting changes to the statement of claim but refusing a new relief requiring the Commissioner of Lands to subdivide land.
Mwiza Mbewe and Anor v Attorney General (2019/HP/1624) [2024] ZMHC 278 (17 December 2024)
The High Court dismissed a land dispute over Lot No. 5179/M for want of jurisdiction, holding that challenges to re-entry must be brought before the Lands Tribunal.
Ju Fred Matenda Lungu v Chilupe and Permanent Chambers (Sued in its capacity both as a law firm and and employer) (2021/HP/1491) [2024] ZMHC 284 (17 December 2024)
The High Court struck out a preliminary-issues challenge as otiose after finding the plaintiff’s claim was filed outside the six-year limitation period.
James Philip Mdala (Suing as Administrator of the Estate of Agnes Lucia Kaluzi Mdala) v Viva Med Limited and Ors (2021/HP/0790) [2024] ZMHC 265 (10 December 2024)
The Plaintiff failed to prove on a balance of probabilities that the Defendants' conduct fell below the standard of care of ordinary skilled practitioners or that any breach of duty caused the death of the deceased. The evidence showed the medical team acted within reasonable standards, the deceased consented to the procedure, and the hospital met statutory requirements. There was no breach of statutory duty by the Health Profession Council of Zambia. The claim for damages fails.
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Michelo Chizombe v Edgar Chagwa Lungu and Ors (2023.CCZ/0021) [2024] ZMCC 27 (10 December 2024)
The Court held that the 1st Respondent's first term (2015-2016) was governed by the repealed Article 35 of the Constitution, as preserved by sections 2 and 7 of Act No. 1 of 2016, and his second term (2016-2021) was under Article 106. Article 106 does not apply retrospectively. Therefore, the 1st Respondent has twice held office and is ineligible to contest future presidential elections. Previous decisions to the contrary were rendered per incuriam for failing to consider the combined effect of sections 2 and 7 of the Act and the repealed Article 35.
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Musanya Katati v Yannick Kasonde (APPEAL NO. 307 /2022) [2024] ZMCA 334 (10 December 2024)
The Court of Appeal upheld liability for a missing bus left for repair, finding the appellant involved in its custody and assessment and dismissing the appeal.
Kingfred Phiri v Life Master Limited (APPEAL NO. 24 OF2023) [2024] ZMCA 335 (10 December 2024)
Section 54 of the Employment Code Act does not entitle employees who are summarily dismissed, whether from fixed-term or permanent and pensionable contracts, to severance pay. The normal measure of damages for unfair dismissal remains the equivalent of the notice period, and the appellant's circumstances did not warrant departure from this principle.
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Christopher Chilongo (Suing as Secretary General of City of Lusaka Football Club 1970) v Cavmont FMO Corporation Limited and Anor (2018/HP/848) [2024] ZMHC 263 (9 December 2024)
The purported resolution authorizing the alteration of share capital and allotment of shares was not proven to have been passed at a duly convened meeting in accordance with the law and company articles. Therefore, all subsequent actions based on that resolution, including the transfer/sale of shares and debt, are void ab initio. The plaintiff, as Secretary General, had locus standi. The 2nd defendant is entitled to restitution/compensation for developments made, but the 1st defendant bears primary liability for orchestrating the illegal actions.
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Raphael Mwale Mulenga and Anor v CNMC Luanshya Copper Mines Plc (COMP/ IRC /ND/ 82 / 2020) [2024] ZMHC 254 (9 December 2024)
The complainants' failure to report theft constituted a breach of the implied duty of loyalty and fidelity, justifying summary dismissal. The respondent followed the disciplinary process, gave the complainants an opportunity to be heard, and substantiated the reason for dismissal. The penalty of dismissal was justified given the gravity of the breach, even though the disciplinary code prescribed a lesser penalty. The dismissals were neither wrongful nor unfair, and the complainants were not entitled to reinstatement or further payment.
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Downtown Shopping Complex Ltd v First National Bank Limited (Appeal No. 222/2023) [2024] ZMCA 336 (9 December 2024)
The payment of ZMW 2,189,529.17 by the Respondent to the Zambia Revenue Authority did not constitute an unequivocal admission of liability to the Appellant, as the payment was made with an express reservation of rights and explanation. The lower court properly exercised its discretion in refusing to enter judgment on admission, as the issue of VAT liability remained unresolved and required determination at trial.
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