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Zambia Case Law

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Employment law [2024] ZMHC 270

Frank Chinambu and Anor v Zambia Airports Corporation Limited (2020/HP/0482)

Frank Chinambu and Anor v Zambia Airports Corporation Limited (2020/HP/0482) [2024] ZMHC 270 (3 December 2024)

The High Court held that the Director’s Car Policy was incorporated into the employment contract and governed vehicle pricing, bonus entitlement, and breach issues.

  • Breach of contract
  • Employment benefits
  • Interpretation of employment contracts
  • Company policy incorporation
  • Employment-law
  • Contract-interpretation
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Insolvency [2024] ZMHC 301

ZCCM Investments Holdings Plc v Konkola Copper Mines Plc (In Provisional Liquidation), Vedanta Resources Holdings Limited and 676 Ors (2019/HP/0761)

ZCCM Investments Holdings Plc v Konkola Copper Mines Plc (In Provisional Liquidation), Vedanta Resources Holdings Limited and 676 Ors (2019/HP/0761) [2024] ZMHC 301 (2 December 2024)

In the absence of a stay of execution, the ruling sanctioning the scheme remains binding and enforceable. The 1st Respondent cannot withhold payment to the Affected Creditor on the basis of a pending appeal or the Deed of Release and Waiver. The Affected Creditor is entitled to payment of the first instalment of the admitted debt within a fixed time.

  • Scheme of arrangement
  • Stay of execution
  • Creditors' rights
  • Enforcement of court orders
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Employment law [2024] ZMCA 306

Warren Chabala Chibale v Mopani Copper Mines Plc (Appeal No. 1/2023)

Warren Chabala Chibale v Mopani Copper Mines Plc (Appeal No. 1/2023) [2024] ZMCA 306 (28 November 2024)

The Court of Appeal upheld dismissal of an employee accused of conniving to remove company drill bits and rejected claims for unpaid benefits.

  • Wrongful dismissal
  • Summary dismissal
  • Disciplinary procedure
  • Employment benefits
  • Burden of proof
  • Wrongful-dismissal
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Employment law [2024] ZMHC 262

Mubiana Sitali and 10 Ors v M & H Packaging Industries Limited (COMP/IRCLK/832)

Mubiana Sitali and 10 Ors v M & H Packaging Industries Limited (COMP/IRCLK/832) [2024] ZMHC 262 (28 November 2024)

The complainants failed to prove breach of contract or entitlement to further payments beyond what was already settled. Participation in unauthorized strikes constituted a dismissible offence, and all statutory and contractual dues were paid and acknowledged. Only one complainant was a protected employee under the minimum wage order and was paid the prescribed minimum. Claims for payment for unserved periods were dismissed as unjust enrichment.

  • Breach of contract
  • Unlawful termination
  • Minimum wage
  • Gratuity
  • Salary arrears
  • Leave days
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Trusts and equity [2024] ZMCA 313

Kabine Kasongo Sidime v Djana Sidime and Ors (APPEAL NO.100 OF 2024)

Kabine Kasongo Sidime v Djana Sidime and Ors (APPEAL NO.100 OF 2024) [2024] ZMCA 313 (28 November 2024)

The 4th Respondent, as stakeholder under the consent order, was only required to account for monies actually received and disbursed, not to ascertain or pursue the true purchase price outside the contract to which it was not a party. The evidence showed full accounting for USD200,000.00 received, and the Appellant's claim for a higher amount was unsupported. Payment of legal fees was in accordance with the consent order, and the relationship did not require bills as in a client/lawyer context. The Appellant, having confessed to tax evasion, did not approach equity with clean hands and was not…

  • Account of profits
  • Trustee duties
  • Consent orders
  • Privity of contract
  • Legal fees
  • Piercing corporate veil
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Employment law [2024] ZMCA 311

Pius Chilufya Kasolo v ZCCM Investments Holding Plc (APPEAL NO. 185/2022)

Pius Chilufya Kasolo v ZCCM Investments Holding Plc (APPEAL NO. 185/2022) [2024] ZMCA 311 (28 November 2024)

The Court of Appeal held that the employer failed to substantiate an operational-requirements termination and awarded the appellant six months' salary for wrongful dismissal.

  • Unlawful termination
  • Operational requirements
  • Damages for wrongful dismissal
  • Procedural fairness
  • Notice clause in employment contracts
  • Employment-law
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Civil procedure [2024] ZMCA 312

Lamasat International Limited v African Banking Corporation Zambia Limited (formerly known as Finance Bank Zambia Limited) (APPEAL NO. 95 OF 2024)

Lamasat International Limited v African Banking Corporation Zambia Limited (formerly known as Finance Bank Zambia Limited) (APPEAL NO. 95 OF 2024) [2024] ZMCA 312 (28 November 2024)

The appeal was dismissed because the lower court correctly struck out claims relating to post-judgment enforcement as an abuse of process; an action to set aside a judgment for fraud must be limited to the process of obtaining the judgment and not used to relitigate or challenge enforcement steps or the merits of the original case.

  • Setting aside judgment for fraud
  • Res judicata
  • Abuse of process
  • Finality of judgments
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Civil procedure [2024] ZMHC 280

Percy Mussa v William Tembo (2020/HP/0448)

Percy Mussa v William Tembo (2020/HP/0448) [2024] ZMHC 280 (28 November 2024)

The defendant demonstrated an arguable defense on the merits regarding the legality of the seizure of goods under a warrant of distress, which outweighs the lack of a convincing explanation for the default. Therefore, the default judgment should be set aside.

  • Default judgment
  • Setting aside judgment
  • Warrant of distress
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Succession law [2024] ZMCA 321

Mark Balducci (in his capacity as executor of the Will of Averando Balducci) v Marco Bonacci (in his capacity as an Attorney of Daniela Balducci) (Appeal No. 37 of 2023)

Mark Balducci (in his capacity as executor of the Will of Averando Balducci) v Marco Bonacci (in his capacity as an Attorney of Daniela Balducci) (Appeal No. 37 of 2023) [2024] ZMCA 321 (27 November 2024)

The Court of Appeal upheld a finding that the purported will of Averando Balducci was invalid, holding that the propounder failed to prove valid execution under the Wills Act.

  • Forgery of will
  • Burden of proof
  • Testamentary capacity
  • Execution of wills
  • Intestacy
  • Forgery-of-will
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Labour law [2024] ZMHC 291

Matildah M. Chilambwe v The Labour Commissioner and Anor (APPEAL/01/2022)

Matildah M. Chilambwe v The Labour Commissioner and Anor (APPEAL/01/2022) [2024] ZMHC 291 (25 November 2024)

The High Court allowed an appeal, held the cancellation of NUJW’s registration certificate was null and void, and ordered restoration of the certificate.

  • Trade union registration
  • Cancellation of registration
  • Judicial review
  • Union recognition
  • Trade-union-registration
  • Cancellation-of-registration
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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.