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Zambia decisions
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Horag Mulenga v V. M. General Dealers (2025/HN/IR/39) [2024] ZMHC 318 (25 November 2024)
The court found the complainant was wrongfully and unfairly dismissed without a hearing, awarded damages and accrued leave, and dismissed the counter-claim.
African Banking Corporation Zambia Limited T/A Atlas Mara v The Competition and Consumer Protection Commission (Re Allan Moosho) (2023/HPC/A0883) [2024] ZMHC 239 (24 November 2024)
High Court appeal in a consumer-credit dispute upheld breach findings over loan management but varied the fine, rejecting use of unpublished fee units.
Sharon Muzungu Makungu v Emmanuel Bwalya Makungu (2024/HPF/D561) [2024] ZMHC 269 (22 November 2024)
The High Court of Zambia granted a decree nisi after finding the marriage had irretrievably broken down through two years of separation, and awarded custody of the children to the petitioner.
Hai Sheng Mining Enterprises Limited v Cupwell Ng'ambi Mining Limited (APPEAL NO 315/2023) [2024] ZMCA 348 (21 November 2024)
The Court of Appeal dismissed an appeal over a mining contract, holding that breach of the Mines and Minerals Development Act did not make the contract void.
Andrew Mwamba and Ors v Health Professions Council of Zambia (2023/HPIR/ 1297) [2024] ZMHC 289 (21 November 2024)
The respondent's amendment of its answer without leave of court was irregular, as the Industrial Relations Court Rules provide a clear procedure for amendment. However, the irregularity is not fatal, as the amendment was minor, caused no prejudice, and the court is mandated to administer substantial justice rather than adhere to technicalities. The amended answer is to be treated as if regularly filed, and the matter will proceed on its merits.
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Andrew Mwamba and Ors v Health Professions Council of Zambia (2023/HPIR/ 1297) [2024] ZMHC 231 (21 November 2024)
The respondent ought to have sought leave of court to amend its answer as required by Rule 36 of the Industrial Relations Court Rules. However, the amendment was minor, caused no prejudice, and the court is mandated to administer substantial justice. The amended answer is allowed to stand as if regularly filed.
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Maikisa Matthew Ilukena v Patents and Company Registration Agency (APPEAL NO. 34/2023) [2024] ZMCA 319 (20 November 2024)
The Court of Appeal held that a fixed-term employment contract expired by effluxion of time, but late notice of non-renewal breached the contract and justified one month’s salary.
Zumbe Titus Kanangu v Kingsland City Investments Limited [2024] ZMCA 318 (20 November 2024)
The Court of Appeal dismissed an appeal over a failed property sale, holding that the employee’s conduct was outside apparent authority and not binding on the company.
United Bank for Africa Zambia v M. Ndalama Enterprises Limited (APPEAL NO. 324/2023) [2024] ZMCA 309 (20 November 2024)
The Court of Appeal partly allowed the appeal, holding that clause 5.2 commission was premature, while clause 5.1 transaction fees and damages for breach were upheld.
Grace Banda (Suing by her Mother and Next Friend Mercy Daka) v Judith Mwanza (Sued in her capacity as administratrix of the estate of the late Martin Banda) and Anor (Appeal No. 188/2022) [2024] ZMCA 315 (20 November 2024)
The appellant failed to prove on a balance of probabilities that she was the child of the deceased. The absence of a DNA test, lack of a birth certificate, and insufficient evidence of paternity or support meant the presumption of paternity did not arise. The trial court did not err in proceeding by affidavit evidence after the appellant declined the DNA test. The appeal was dismissed for lack of merit.
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