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Zambia decisions
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Mr. Lee Africa Investment Limited v Charles Mungalu and Anor (APPEAL 49/2023) [2024] ZMCA 316 (19 November 2024)
The Court of Appeal held that taking goods from the appellant’s premises without permission was trespass, and retaining non-matching goods amounted to conversion.
Sharon Mundia Nyimba Simwami v Precious Monde Mwiya [2024] ZMCA 320 (19 November 2024)
The Court of Appeal rejected the misrepresentation challenge, upheld specific performance, and set aside a damages award based on an improperly admitted witness statement.
GMGD Security Services v Benjamin Mbewe (APPEAL NO. 35 OF 2023) [2024] ZMCA 307 (19 November 2024)
The Court of Appeal dismissed GMGD Security Services’ appeal, upholding the industrial relations judgment and revisiting the costs order under Rule 44.
CPL Limited and Anor v DSS Designs Limited (APPEAL/319/2023) [2024] ZMCA 310 (19 November 2024)
The respondent was entitled to payment on a quantum meruit basis for services rendered at the appellants' request, despite not being a registered architect, as the relevant statute regulated but did not prohibit such contracts. The claim was not statute barred as it was brought within the 6-year limitation period for simple contracts. The trial court's findings of fact regarding services rendered were not perverse or unsupported by evidence.
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Peter Shakafuswa and Anor v Kalongo Chitengi (Suing as Administratrix of the Estate of the Late Ruth Sombo Chitengi) (APPEAL No. 42/2023) [2024] ZMCA 305 (19 November 2024)
The Court of Appeal dismissed a challenge to title over Lot 14860/M, holding the respondent’s certificate of title was valid and the appellant’s developments were unauthorized.
Attorney General v Kalowo Mooto (Suing in his capacity as Secretary of Zambia Association of Timber Foroestry based Industries) (APPEAL NO. 21 OF 2023) [2024] ZMCA 299 (19 November 2024)
The Court of Appeal set aside a damages assessment for loss of business, finding the District Registrar failed to properly evaluate evidence or apply the correct principles.
The People v The Resident Magistrate Ex- Parte Finance Bank Zambia Limited (Appeal No. 325/2023) [2024] ZMCA 293 (19 November 2024)
The Court of Appeal held that issuing summons before a formal charge under the Criminal Procedure Code was unlawful, allowing the appeal and setting aside the High Court judgment.
ABSA Bank Zambia Plc v T and L Limited and Ors (Appeal No. 131/2024) [2024] ZMCA 296 (19 November 2024)
The Court of Appeal held that T and L Limited’s land claim was statute-barred, finding the limitation period ran from dispossession in 2005 or, at latest, discovery by 2008.
Lubinda Mubiana v beatrice Matinanga Sitali and Anor (APPEAL No. 27/2023) [2024] ZMCA 300 (19 November 2024)
The appeal fails because the trial court correctly interpreted Article 165 as not barring the Litunga's supervisory role, properly prioritized lineage over suitability in accordance with Lozi custom, found the appellant was not from the Kakumba family, and determined the 2nd respondent's installation was valid and not in defiance of a court order as service was effected after installation.
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FSG Zambia Limited v Tami Daka (Appeal No. 43/2023) [2024] ZMCA 317 (19 November 2024)
The Court of Appeal held that the employee was not constructively dismissed and resigned before any unlawful probation breach occurred.
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