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Zambia decisions
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Mpoyi Mbambu Zambia Limited v Joserine Trading Limited (APPEAL No. 268/2022) [2024] ZMCA 284 (10 October 2024)
The Court of Appeal allowed the appeal and set aside cancellation of title, holding the respondent failed to prove Plot FS-3 and Stand 10959 were the same land.
Mike Kaira v Genesis Finance Limited (in Liquidation) (APPEAL NO. 308/2022) [2024] ZMCA 286 (10 October 2024)
The appellant failed to prove any legal or equitable interest in the disputed property as required by section 76 of the Lands and Deeds Registry Act. There was no evidence of a mortgage, assignment, or security over the property in his favour. The mere fact of being a depositor or creditor does not entitle one to lodge a caveat. The proper procedure for his claims was under the liquidation process, not by caveat. The appeal was dismissed for lack of merit.
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Josam Kadingi and Anor v Julia Chimbali (Appeal No. 14/2023) [2024] ZMCA 280 (9 October 2024)
The Court of Appeal allowed an appeal after finding the High Court heard the matter without proof that the appellants had been served, breaching natural justice.
Wongani Investments Limited v Zambia Public Procurement Authority (2024/HP/0386) [2024] ZMHC 197 (9 October 2024)
The High Court lacks jurisdiction to entertain the application for judicial review because Section 99 of the Public Procurement Act No. 8 of 2020 provides that an aggrieved party must submit the matter to arbitration. The Applicant failed to exhaust this alternative remedy, and the statutory framework specifically excludes the High Court from hearing such disputes.
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Gerald Kachali v Cotton Association of Zambia & ors (2024 /IRCLK/ 608 / 2020) [2024] ZMHC 233 (9 October 2024)
The High Court dismissed a notice of claim over a forklift and weighbridge seized in execution, finding the claimant failed to prove a security interest in the goods.
Andrew Mulenga Kanyanta and Ors v Mando and Pasi Advocates (Suing as a firm) and Anor (2022/HP/1928) [2024] ZMHC 198 (9 October 2024)
The High Court dismissed an application to join beneficiaries to an estate-related matter after judgment, and treated the stay and sale-order challenges as academic.
Director of Public Prosecutions v Nathan Mbaya and Ors (APP. NO. SP 44/2024) [2024] ZMCA 263 (7 October 2024)
The Court of Appeal granted leave to appeal to the Supreme Court, holding the intended appeal raised points of public importance about non-conviction-based forfeiture.
Judith Njovu v Bered Enterprises Limited (Appeal No 364/2024) [2024] ZMCA 360 (7 October 2024)
The High Court action for assault, battery and intimidation was legally and factually distinct from the Industrial Relations Court claim for constructive dismissal. The principle against multiplicity of actions was not engaged, as the causes of action, issues, and reliefs were different. Dismissing the tort claim on grounds of multiplicity was erroneous and unjustly denied the appellant access to justice. The High Court general list had jurisdiction over the tort claims, which could not properly be struck out for duplicity.
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Ratoyar Ltd & Ors v Luken Investments Ltd (APPEAL NO. 08/2022) [2024] ZMSC 32 (7 October 2024)
The respondent was not entitled to rely on the Indoor Management Rule because it had actual knowledge of irregularities in the transaction, including a defective resolution, lack of company seal, and knowledge of other directors. These circumstances constituted exceptions to the rule, negated good faith, and rendered the transaction and Certificate of Title null and void. The respondent was not a bona fide purchaser for value without notice.
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Moneygrow Savings and Credit Co-operative Society Limited v Mauden Shula and Ors (2023/HP/1879) [2024] ZMHC 164 (7 October 2024)
Following the injunction of 15th December, 2023, which restrained both parties and management from running the affairs of Moneygrow Savings & Credit Co-Operative Society Limited, only the Registrar of Societies had authority to appoint advocates for the co-operative. The appointment of Messrs M. K Achiume and Associates was therefore irregular, and all documents filed by them are expunged from the record.
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