Zambia Case Law

Betty Kulofwa Mailosi Makalu (Suing as the administratrix of the Estate of the late Collins Makalu) v Edward Mukelabai Mate (Sued as a Co-administrator of the Estate of the late Elias Libanda Mate) and Anor (APPEAL NO. 313/2022)

Betty Kulofwa Mailosi Makalu (Suing as the administratrix of the Estate of the late Collins Makalu) v Edward Mukelabai Mate (Sued as a Co-administrator of the Estate of the late Elias Libanda Mate) and Anor (APPEAL NO. 313/2022) [2024] ZMCA 288 (30 October 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 313/2022

The Court of Appeal held there was a valid land sale contract, set aside rent arrears and eviction orders, and ordered completion of transfer after payment of the balance.

• Sale of land
• Statute of frauds
• Part performance
• Vendor and purchaser relationship
• Appeals procedure
• Sale-of-land

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Peter Sinkamba v Judicial Complaints Commission and Anor (2024/CCZ/0017)

Peter Sinkamba v Judicial Complaints Commission and Anor (2024/CCZ/0017) [2024] ZMCC 23 (29 October 2024)

Court

Constitutional Court of Zambia

Case number

2024/CCZ/0017

The application for an interim order of stay fails because the decision to suspend the Judges had already been implemented at the time the summons was filed, leaving nothing to stay.

Source excerpt

• Locus standi
• Judicial review
• Interim orders
• Res judicata
• Judicial independence

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Samantha Shulikwa Chikonka and Catherine Naambo (both suing as Administratix of the Estate of Sarah Naambo Chikonka) v Captain Mabvuto Phiri and Ors (APPEAL No. 005/2023)

Samantha Shulikwa Chikonka and Catherine Naambo (both suing as Administratix of the Estate of Sarah Naambo Chikonka) v Captain Mabvuto Phiri and Ors (APPEAL No. 005/2023) [2024] ZMCA 279 (29 October 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 005/2023

The Court of Appeal dismissed an appeal over a challenged sale of property, holding the appellant lacked standing to attack orders made in another cause.

• Charging orders
• Sale of property
• Retrenchment benefits
• Fraudulent conveyance
• Locus standi
• Res judicata

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Zambia National Building Society v Abraham Miti and Anor (2024/HPC/0411)

Zambia National Building Society v Abraham Miti and Anor (2024/HPC/0411) [2024] ZMHC 228 (28 October 2024)

Court

High Court of Zambia

Case number

2024/HPC/0411

The High Court granted judgment for the lender, ordering repayment of a defaulted mortgage loan, vacant possession, and liberty to foreclose if unpaid within 60 days.

• Mortgage enforcement
• Foreclosure
• Loan default
• Contractual remedies
• Mortgage-enforcement
• Loan-default

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Africa Supermarket Limited v Handford Chaaba and Anor (2015/HK/709)

Africa Supermarket Limited v Handford Chaaba and Anor (2015/HK/709) [2024] ZMHC 264 (25 October 2024)

Court

High Court of Zambia

Case number

2015/HK/709

High Court dismissed an appeal over the sale of an expired drink, holding the Commission lacked criminal trial jurisdiction and no bias was shown.

• Sale of expired goods
• Jurisdiction of regulatory bodies
• Natural justice
• Administrative law
• Criminal liability of corporations
• Sale-of-expired-goods

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Andrew Mwape and Anor v Zambia China Economic and Trade Co-operation Zone Development (COMP/IRC/ND/34/2022)

Andrew Mwape and Anor v Zambia China Economic and Trade Co-operation Zone Development (COMP/IRC/ND/34/2022) [2024] ZMHC 292 (25 October 2024)

Court

High Court of Zambia

Case number

COMP/IRC/ND/34/2022

The complainants were wrongfully and unfairly dismissed as the respondent failed to provide a valid, substantiated reason for dismissal, did not comply with its own disciplinary procedures, and penalised the complainants for exercising statutory rights to unionise. The protest was peaceful, and only the complainants were singled out for dismissal. The claims for salary arrears, leave days, and compensation for extra duties or constitutional rights violations were not proved. The complainants are entitled to damages for wrongful dismissal and underpaid gratuity.

Source excerpt

• Unfair dismissal
• Wrongful dismissal
• Trade union rights
• Gratuity
• Damages

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Mercy Mbutwana Sunkutu v Reagan Bwalya Sunkutu (2024/HPF/D390)

Mercy Mbutwana Sunkutu v Reagan Bwalya Sunkutu (2024/HPF/D390) [2024] ZMHC 276 (23 October 2024)

Court

High Court of Zambia

Case number

2024/HPF/D390

The High Court of Zambia granted a decree nisi in an uncontested divorce after finding the marriage had broken down irretrievably and the parties had lived apart for two years.

• Divorce
• Child custody
• Maintenance
• Property settlement
• Child-custody
• Property-settlement

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Konkola Copper Mines Plc (In Liquidation) v Attorney General and Ors (SCZ/7/20/2024)

Konkola Copper Mines Plc (In Liquidation) v Attorney General and Ors (SCZ/7/20/2024) [2024] ZMSC 31 (23 October 2024)

Court

Supreme Court of Zambia

Case number

SCZ/7/20/2024

The Supreme Court granted leave to appeal over whether mining access consent and the correct dispute procedure under Zambian mining law raise issues of public importance.

• Jurisdiction
• Surface and mining rights
• Consent for mining activities
• Appeals process
• Interpretation of statutes
• Leave-to-appeal

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Olcint Proline Limited and Ors v Frank Nguni (APPEAL No.297/2023)

Olcint Proline Limited and Ors v Frank Nguni (APPEAL No.297/2023) [2024] ZMCA 285 (23 October 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL No.297/2023

Court of Appeal reduced an assessed debt award after finding the Registrar misapprehended the evidence and overstated the amount owed.

• Indemnity
• Guarantee
• Piercing corporate veil
• Assessment of damages
• Interest calculation
• Unjust enrichment

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The People v The Attorney General Ex Parte Hon. Brian Mundubile and Ors (2024/HP/0956)

The People v The Attorney General Ex Parte Hon. Brian Mundubile and Ors (2024/HP/0956) [2024] ZMHC 182 (23 October 2024)

Court

High Court of Zambia

Case number

2024/HP/0956

The Second Deputy Speaker acted without jurisdiction and irrationally by declaring the applicants' seats vacant while aware of an active court challenge regarding their expulsion, thereby violating the sub judice rule and usurping the authority of the court. The decision-making process was ultra vires and subject to judicial review and quashing.

Source excerpt

• Judicial review
• Jurisdiction
• Parliamentary procedure
• Sub judice rule
• Ultra vires
• Certiorari

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