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Zambia decisions
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Behlum Trading Limited and Anor v The Attorney General and Anor (APPEAL NO 116/2024) [2024] ZMCA 328 (31 October 2024)
The Court of Appeal allowed a constitutional appeal, holding the lower court should not have determined issues on its own motion without first hearing the parties.
Phanuel Makombe v Lactalis Zambia Limited (2022/HPIR/186) [2024] ZMHC 247 (31 October 2024)
The complainant was dismissed for gross negligence after repeated incidents of negligence. The dismissal was neither unfair nor wrongful as it was based on valid reasons, followed due process, and no statutory or contractual provisions were breached. The complainant failed to prove entitlement to damages for mental distress.
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Kelvin Mutale Sampa v Salehe Mbaruku Sengulo and Anor (APPEAL NO 32/2023) [2024] ZMCA 331 (31 October 2024)
The appellant received ZMW 1,400,000.00 from the respondents to pay ZMW 1,220,843.00 to ZRA for the release of their truck and goods. The appellant did not pay ZRA, and the respondents had to pay the amount themselves. There was no evidence of an agreement for the appellant to retain the full amount as fees. The trial court properly awarded the respondents ZMW 1,220,843.00. Costs were properly awarded as the respondents succeeded on the main claim.
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Felister Musonda (Suing in her capacity as Administratrix and Beneficiary of the estate of the Late Victor Mupenda) v Republique Democratique Du Congo Consulate General (Sued in the capacity as employer of the deceased) (2024/HN/314) [2024] ZMHC 293 (31 October 2024)
The High Court dismissed a claim for employment benefits against a consulate, holding that diplomatic immunity under Zambia’s law deprived the court of jurisdiction.
African Banking Corporation Zambia Limited T/A Atlas Mara v Levy Mwanawasa and Company (APPEAL NO. 007 /2023) [2024] ZMCA 277 (30 October 2024)
The agreement between the parties constituted a contingency fee arrangement for contentious proceedings, which is prohibited by Rule 8 of the Legal Practitioners Practice Rules, 2002. As the debt was recovered through litigation, the fee arrangement was illegal and unenforceable. There was no subsequent express agreement after litigation commenced to validate the remuneration under the exception for non-contentious matters.
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Stone Coat Surfacing Zambia v JMZ Properties Limited (APPEAL NO. 309/2022) [2024] ZMCA 287 (30 October 2024)
The Court of Appeal set aside a High Court dismissal for want of prosecution and restored the suit, holding that an adjournment should have been granted.
Elijah Mukela Akangulubeta v Chinamanongo Lodge (2021/HPIR/60) [2024] ZMHC 250 (30 October 2024)
The court partly allowed an employment complaint, awarding 294 leave days and salary arrears of K33,450, with interest. Claims for benefits and unfair dismissal damages failed.
Frank Lumbwe Kakoma v Joseph Mulenga and Ors (APPEAL NO. 117/2024) [2024] ZMCA 282 (30 October 2024)
The Court of Appeal dismissed an appeal over whether payment of K200,000 was conditional on return of a decanter tied to a brewery share sale.
Godfrey Shamanena v Anti-Corruption Commission (2024/HPEF/003) [2024] ZMHC 297 (30 October 2024)
The High Court refused to correct its earlier judgment under the slip rule, holding the applicant was seeking a substantive review and unpleaded reliefs.
Frackson Njovu (Suing on his own behalf and on behalf of 10 other members of UNIP) v Tiyenji Chanda Kaunda (Sued both as President of UNIP and in his own capacity) and Ors (2019/HP/1237) [2024] ZMHC 286 (30 October 2024)
The High Court granted an unopposed application to alter parties, substituting new UNIP Central Committee office bearers for defendants sued in representative capacities.
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