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Zambia decisions
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Chachinja Money Lenders v Mungole Chimpende (2024/SID/108) [2024] ZMSUB 10 (15 October 2024)
The court found a money-lending loan enforceable only to the extent of principal and lawful interest, rejecting an unconscionable and excessive interest claim.
Martin Sichilya v Dr. Kapaza Lungu (2024/SD/84) [2024] ZMSUB 7 (15 October 2024)
A Zambian subordinate court held that a verbal tenancy existed and awarded partial damages for property damage, excluding fair wear and tear.
Electoral Commission of Zambia v Belemu Sibanze (2024/CCZ/0017) [2024] ZMCC 22 (15 October 2024)
The Constitutional Court held that the constitutional timelines for holding by-elections (90 days) and for hearing nomination challenges (21 days) are mandatory and cannot be stopped or extended by any court process, including judicial review or stays. Any proceedings or orders outside these timelines are a nullity. The High Court lacked jurisdiction to entertain the judicial review application regarding the by-election process, and only the Constitutional Court has jurisdiction to interpret such constitutional provisions.
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Als Capital Limited v Beatech Enterprises Limited (2024/HPC/0258) [2024] ZMHC 187 (14 October 2024)
The Applicant is entitled to recover the principal loan amount plus simple interest at the contractually agreed rate of 60% per annum (5% per month) for the loan duration and the period from the date of writ to assessment. Compound interest is not permitted in the absence of express agreement. The amount due is ZMW852,500.00 plus interest of ZMW255,750.00, less ZMW40,000 already paid, totaling ZMW1,108,250.00.
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Stanbic Bank Zambia Limited v Phil Auto Enterprises Limited (2023/HPC/0670) [2024] ZMHC 204 (14 October 2024)
The High Court set aside a writ of FiFa as irregular because it wrongly included the first respondent, while confirming a stay of execution.
Nasilele Namushi and 17 Ors v Council of the University of Zambia (2024/HP/0624) [2024] ZMHC 195 (14 October 2024)
The High Court held the employees’ claims were statute barred and disclosed no cause of action, because the alleged breaches arose long before the 2024 filing.
Mildred Luwaile v Attorney General (2023/CCZ/0022) [2024] ZMCC 21 (11 October 2024)
The Order of Release granted to the petitioner was a remission of sentence under Article 97(1)(c) of the Constitution, not an unconditional pardon under Article 97(1)(a). A remission does not expunge the conviction or its legal consequences, and thus does not entitle the petitioner to reinstatement in employment. The petitioner's termination was not unconstitutional or illegal on the facts and law presented.
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Investor Link Minerals Limited v Prospect Resources Limited (2024/HPC/0481) [2024] ZMHC 181 (11 October 2024)
The High Court held that an NDA signed without the statutory execution formalities in section 32(4) of the Companies Act was invalid and unenforceable.
Anthony Kasandwe Kasuba v Kafue District Council and Ors (COMP/IRCLK/428/2015) [2024] ZMHC 261 (11 October 2024)
The court dismissed a labour complaint for unlawful dismissal, constructive dismissal, arrears, and benefits, finding the complainant had not proved entitlement.
Justice Anne Mwewa Sitali and Ors v Attorney General (2024/HP/1373) [2024] ZMHC 165 (11 October 2024)
The High Court lacks jurisdiction to entertain judicial review proceedings where the issues raised require interpretation of constitutional provisions relating to the powers of the Judicial Complaints Commission and the President, as such matters fall within the exclusive jurisdiction of the Constitutional Court under Article 128(1) of the Constitution. Consequently, the leave to commence judicial review is discharged for want of jurisdiction.
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