Zambia Case Law

Sean Tembo v The Attorney General (2023/CCZ/0026)

Sean Tembo v The Attorney General (2023/CCZ/0026) [2024] ZMCC 24 (11 November 2024)

Court

Constitutional Court of Zambia

Case number

2023/CCZ/0026

The context in which President Hichilema used the word 'ukuponoka' was street slang meaning 'beating someone' and not the obscene meaning alleged by the petitioner; no evidence was led to suggest breach of the cited constitutional provisions; therefore, no constitutional violation occurred.

Source excerpt

• Presidential conduct
• Use of language in public office
• Values and principles of public service
• Christian nation values

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Finsbury Investments Limited v Eastern and Southern African Trade and Development Bank (SCZ/8/41/2023)

Finsbury Investments Limited v Eastern and Southern African Trade and Development Bank (SCZ/8/41/2023) [2024] ZMSC 30 (8 November 2024)

Court

Supreme Court of Zambia

Case number

SCZ/8/41/2023

The Supreme Court granted leave to appeal, holding the intended appeal raised points of law of public importance and had realistic prospects of success.

• Jurisdiction of high court after appeal dismissal
• Extension of time to appeal
• Points of law of public importance
• Mootness in appellate proceedings
• Extension-of-time-to-appeal
• Points-of-law-of-public-importance

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Football Association of Zambia (FAZ) v Augustine Mukoka (Appeal No.004 of 2024)

Football Association of Zambia (FAZ) v Augustine Mukoka (Appeal No.004 of 2024) [2024] ZMCA 289 (7 November 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No.004 of 2024

The Court of Appeal dismissed FAZ’s appeal against refusal of security for costs, holding the lower court had properly exercised its discretion.

• Security for costs
• Appellate review
• Judicial discretion
• Security-for-costs
• Appellate-review
• Judicial-discretion

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Moffat Fungamwango v Charl and Basil Farms Limited and Anor (Appeal No. 42 of 2024)

Moffat Fungamwango v Charl and Basil Farms Limited and Anor (Appeal No. 42 of 2024) [2024] ZMCA 290 (7 November 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 42 of 2024

Court of Appeal of Zambia judgment in Moffat Fungamwango v Charl and Basil Farms Limited and Anor, Appeal No. 42 of 2024, decided on 7 November 2024.

• Appellate-procedure

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Al Wasatiya General Trading FZE v NRB Pharma Zambia Limited (APPEAL NO.65/2024)

Al Wasatiya General Trading FZE v NRB Pharma Zambia Limited (APPEAL NO.65/2024) [2024] ZMCA 329 (5 November 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO.65/2024

Court of Appeal upheld an interim injunction pending arbitration over a pharmaceutical plant, finding the respondent showed serious issues, inadequate damages, and no improper pre-emption of arbitration.

• Interim injunctions
• Breach of contract
• Arbitration agreements
• Remedies
• Irreparable harm
• Interim-injunctions

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Chipa Chibwe (Suing in his capacity s Chairman of the Outdoor Advertising Association of Zambia) v Lusaka City Council (2024/CCZ/007)

Chipa Chibwe (Suing in his capacity s Chairman of the Outdoor Advertising Association of Zambia) v Lusaka City Council (2024/CCZ/007) [2024] ZMCC 26 (5 November 2024)

Court

Constitutional Court of Zambia

Case number

2024/CCZ/007

The Constitutional Court granted Lusaka City Council leave to file a reply and record of motion out of time, finding the delay excusable and causing no prejudice.

• Extension of time
• Court discretion
• Compliance with procedural rules
• Extension-of-time
• Court-discretion
• Procedural-compliance

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Kumamwa Moliya (suing as Headwoman Mwachinondo) and Ors v Marvin Mbaimbi Mohamed and Ors (2023/HP/1801)

Kumamwa Moliya (suing as Headwoman Mwachinondo) and Ors v Marvin Mbaimbi Mohamed and Ors (2023/HP/1801) [2024] ZMHC 193 (4 November 2024)

Court

High Court of Zambia

Case number

2023/HP/1801

The High Court held that a fresh land dispute over Lot 12759, Chibombo was res judicata and an abuse of process, dismissing the claim and discharging injunctions.

• Res judicata
• Abuse of process
• Land ownership
• Fraud
• Injunctions
• Res-judicata

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Gilbert Nyendwa v Wickson Siwale and Ors (APPEAL NO. 47/2024)

Gilbert Nyendwa v Wickson Siwale and Ors (APPEAL NO. 47/2024) [2024] ZMCA 330 (4 November 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 47/2024

The cause of action accrued when the appellant was issued with the certificate of title in September 2021, not in 1994. Therefore, the respondent's suit was not statute barred, and the lower court correctly declined to dismiss the action on limitation grounds. The issues raised require determination at trial.

Source excerpt

• Limitation of actions
• Title to land
• Jurisdiction
• Statutory interpretation

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Esther Nyawa Tembo Lungu v The Director of Public Prosecutions (CAZ/08/298/2024)

Esther Nyawa Tembo Lungu v The Director of Public Prosecutions (CAZ/08/298/2024) [2024] ZMCA 292 (4 November 2024)

Court

Court of Appeal of Zambia

Case number

CAZ/08/298/2024

Court of Appeal granted leave to appeal against a High Court ruling in a forfeiture matter, finding the proposed grounds raised arguable issues of fair hearing and public importance.

• Forfeiture of proceeds of crime
• Leave to appeal
• Affidavit evidence
• Fair hearing
• Legitimate expectation
• Leave-to-appeal

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Chipango Likwita v The People (APPEAL NO. 126/2023)

Chipango Likwita v The People (APPEAL NO. 126/2023) [2024] ZMCA 327 (4 November 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 126/2023

There were no aggravating factors or evidence of recklessness; as a first offender who pleaded guilty, the appellant should have been fined rather than imprisoned.

Source excerpt

• Causing death by dangerous driving
• Sentencing
• First offender treatment

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