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Zambia decisions
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Stanbic Bank Zambia Limited v Prosper Investments Limited (APPEAL NO. 259/2023) [2024] ZMCA 294 (19 November 2024)
The Court of Appeal allowed Stanbic Bank’s appeal, set aside the lower court’s judgment, and remitted the matter for a fresh, balanced accounting review.
GMGD Security Services v Banjamin Mbewe (APPEAL NO. 35 OF 2023) [2024] ZMCA 301 (19 November 2024)
The Court of Appeal dismissed GMGD Security Services’ appeal, holding the delay to file an answer out of time was unjustified, but set aside the costs order.
Finsbury Investments Limited v Antonio Ventriglia and Anor (Application/75/2021) [2024] ZMCA 308 (18 November 2024)
The Court of Appeal dismissed an application to set down a preliminary point of law in contempt proceedings, holding that the issue would not affect the contempt case.
Maurice Mateyo v The Attorney General (Appeal 156 of 2022) [2024] ZMCA 295 (18 November 2024)
The Appellant failed to provide sufficient evidence to justify his prolonged absence from duty, and the disciplinary offence of absenteeism warranted dismissal. Although there was procedural impropriety in the dismissal process, the substantive grounds for dismissal were established, and thus no injustice arose. The lower court's findings were not perverse or unreasonable, and there was no basis for appellate interference.
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Kasumba Wilfred Ngulube and 86 Ors v Nitrogen Chemicals of Zambia Limited (Appeal No. 49 of 2024) [2024] ZMCA 297 (15 November 2024)
The Court of Appeal set aside a contradictory High Court ruling and dismissed the action as res judicata, finding the terminal-benefits claim should have been raised earlier.
Job Mabuti v Dr. Henry Mbushi, S.C (T/A HBM Advocates) (2023/HP/1251) [2024] ZMHC 287 (15 November 2024)
A legal practitioner has no legal authority to exercise a lien over client's money received on their behalf; the only lawful method to recover unpaid legal fees is to deliver a bill and, after the statutory period, commence legal proceedings. The Defendant's withholding of ZMW2,000,000.00 was unlawful.
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Mabote Kaneta and Anor v The People (APPEAL NO. 21,22 OF 2024) [2024] ZMCA 303 (15 November 2024)
The evidence of leading to the recovery of the deceased's belongings and the murder weapon was admissible regardless of voluntariness, and the circumstantial evidence established that the appellants were last seen with the deceased, who died before reaching their destination, leaving no reasonable inference other than the appellants' guilt.
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Kelvin Kapapilo and 13 Ors v Unitrans Freight Logistics (2021/HPIR/665) [2024] ZMHC 249 (15 November 2024)
The High Court in Lusaka partially allowed a labour complaint, awarding CW2 unpaid salary for work done but rejecting leave and allowance claims.
Simon Tongowana Kapuya v the People (HPA/28/2024) [2024] ZMHC 306 (15 November 2024)
The High Court allowed a criminal appeal, quashed the conviction for procuring execution of documents by false pretences, and held the prosecution relied on inadmissible hearsay.
Starfrance Zulu v Zambia Daily Mail Limited (COMP/2024/HN/IR/21) [2024] ZMHC 229 (15 November 2024)
The complainant was not wrongfully dismissed as he was given an opportunity to be heard, but his dismissal was unfair because the charge of gross negligence was unsubstantiated and did not match the alleged act. The complainant is entitled to damages for unfair dismissal and payment of accrued defined contribution benefit, but not severance pay due to the existence of a defined contribution pension scheme.
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