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Zambia decisions
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Clement Mugala (Receiver) and Anor v AM Media Limited and Anor (SP 70/2024) [2024] ZMCA 291 (1 November 2024)
The Court of Appeal refused leave to appeal to the Supreme Court and dismissed a stay application, holding the proposed appeal raised no public-importance point.
Arch Michel Scarantino v Susan Zuze Gehard and Anor (Appeal No. 126/2024) [2024] ZMCA 326 (1 November 2024)
The Court of Appeal held the High Court could not transfer a re-entry land dispute to the Lands Tribunal after finding it lacked jurisdiction.
Bwalya Lumbwe v Ronald Simwinga (DR) (Appeal No. 96 of 2024) [2024] ZMCA 281 (31 October 2024)
The Court of Appeal dismissed an appeal against refusal to set aside judgment entered in the appellant’s absence, finding no sufficient cause and upholding case management discretion.
C and C World Trade Limited v R.B. Technical Services Limited and Anor (Appeal No. 250/2023) [2024] ZMCA 278 (31 October 2024)
So long as the judgment debt remains unsatisfied, any sums credited into the specified account are subject to the garnishee order until the debt is fully discharged. The garnishee order is not limited to the funds present at the date of service but extends to subsequent deposits.
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The Anti-Corruption Commission v Stardy Mwale and Ors (2022/HPEF/13) [2024] ZMHC 294 (31 October 2024)
The High Court rejected a non-conviction forfeiture claim over Simonga Farm No. 132a, finding the State had not proved it was tainted property.
Joseph Kapambwe Mulenga (T/A Cornerstone Properties and Infrastructure Development) v Master Butcheries Limited and 2 Ors (Appeal No. 007 of 2024; CAZ/08/554/2023) [2024] ZMCA 354 (31 October 2024)
The appeal was dismissed because the record of appeal was fatally defective for non-compliance with mandatory procedural rules, and the Appellant failed to seek amendment in a timely manner. The Court declined to exercise its discretion to allow amendment due to the Appellant's delay and the importance of procedural compliance.
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Grandview Properties Limited v Propark Property Development Limited (APP/243/2023) [2024] ZMCA 323 (31 October 2024)
The trial court misdirected itself by electing to choose between two inconsistent reliefs (specific performance and rescission) that were not pleaded in the alternative. The pleadings were defective and should have been set aside or amended upon application. The defect is curable and the matter should be remitted for a fresh hearing.
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Meanwood General Insurance Co. Ltd v Metropolitan Life Zambia Limited (APPEAL NO. 19 OF 2024) [2024] ZMCA 322 (31 October 2024)
The Court of Appeal dismissed an interlocutory appeal against refusal to set aside proceedings after the appellant failed to attend the hearing.
Emergency Response Zambia Limited and Ors v Betternow Finance Company Limited (T/A Inde Credit Company Limited) (APPEAL NO 194/2023) [2024] ZMCA 324 (31 October 2024)
The receivables from FQM were not the sole security for the loan; the property Stand No 6543 and directors' guarantees also constituted security. The deposit of the Certificate of Title created an equitable mortgage entitling the Respondent to commence a mortgage action. The Appellants were afforded the equity of redemption by being given ninety days to pay the judgment sum. The appeal had no merit and was dismissed on all grounds.
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Securities and Exchange Commission v Panex Commodity Exchange Zambia Limited (APPEAL NO 144 OF 2024) [2024] ZMCA 325 (31 October 2024)
The Court of Appeal upheld the Tribunal’s decision to subpoena witnesses, finding no abuse of discretion and dismissing the appeal with costs.
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