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Zambia decisions
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Chiteka Kapepula v Malama Mushinga and Ors (2024/HP/0028) [2025] ZMHC 114 (9 December 2025)
The High Court cancelled a title obtained through fraud, ordered vacant possession and trespass damages, and held the advocate and registry negligent.
Elias Tembo v Victor Zimba and Ors (CAZ/08/218/2024) [2025] ZMCA 179 (9 December 2025)
The Court of Appeal dismissed a renewed application for stay of execution pending appeal in a land dispute, holding that the appeal lacked good prospects of success.
Law Association of Zambia and Ors v Attorney General and Ors (2025/CCZ/0029) [2025] ZMCC 29 (8 December 2025)
The intended interested parties demonstrated sufficient legal and cognisable interest in the proceedings by virtue of their direct participation in the constitutional amendment process and the potential impact of the petition's outcome on their submissions and interests. The CCR allows joinder at any stage, and the Court is not restricted by the closure of pleadings. The Court also held that body corporates may appear in person in constitutional litigation, as the Constitution and CCA do not require representation by counsel.
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Charles Mpundu v Food Reserve Agency (SP No. 71/ 2024) [2025] ZMCA 170 (5 December 2025)
The Court of Appeal dismissed an application for leave to appeal to the Supreme Court, holding the landlord-tenant mesne profits dispute raised no public importance.
Brian Mundubile and Anor v Hakainde Hichilema and Anor (2025/CCZ/0026) [2025] ZMCC 28 (5 December 2025)
The President cannot be sued in his personal capacity for acts or omissions during tenure of office; all such proceedings must be against the Attorney General. Constitutional proceedings are civil in nature and thus subject to the State Proceedings Act and the constitutional provisions on presidential immunity. The 1st Respondent (President) was improperly joined and must be removed as a party; the Attorney General is the sole proper respondent.
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Mary Begg Memorial Clinic Limited v Keno Mwamba Sangwa (CAZ/08/468/2025) [2025] ZMCA 186 (5 December 2025)
The Court of Appeal refused to dismiss an appeal for want of service, holding that a pending application for extension of time could regularise the default.
Philemon Dyamini v The People (CAZ/09/127/2025) [2025] ZMCA 169 (5 December 2025)
The Court of Appeal granted the applicant bail pending appeal and postponed payment of a fine, holding that prospects of success justified relief in a sentence-only appeal.
Munir Zuu and Anor v Attorney General and Ors (2025/CCZ/009) [2025] ZMCC 27 (5 December 2025)
The respondent failed to establish that Messrs Joseph Chirwa & Company, by virtue of Mr. Kabwata's employment at the National Assembly, possessed confidential information relevant to the proceedings or that their continued representation would cause real prejudice or mischief. There is no proven conflict of interest or breach of confidence under Rule 33(1)(f) and (g).
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Nimble Resources Limited v Alex Katamfya (Appeal No 105/2023) [2025] ZMCA 167 (5 December 2025)
The Court of Appeal upheld wrongful dismissal and leave entitlement, set aside costs, and reduced damages from 12 months to 8 months basic salary.
FQM Trident Limited v Mukuka Mumba (Appeal No. 91/2024) [2025] ZMCA 165 (5 December 2025)
The Court of Appeal dismissed an employment appeal as incompetent, holding that the Industrial Division could not be moved under the Rules of the Supreme Court.
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