Zambia Case Law

Grindover Investments Limited v Jonas James Nyirenda and Anor (2024/HP/0279)

Grindover Investments Limited v Jonas James Nyirenda and Anor (2024/HP/0279) [2024] ZMHC 153 (7 October 2024)

Court

High Court of Zambia

Case number

2024/HP/0279

The existence of a genuine dispute as to the nature of the transaction (sale or loan/mortgage) and the respondents' claim of a legitimate interest in the property render the matter unsuitable for summary determination under Order 113. The issues require trial and cannot be resolved on affidavit evidence alone.

Source excerpt

• Summary possession
• Order 113 procedure
• Contract of sale vs. mortgage
• Title to land
• Money lending regulation

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The People v Christopher Mombe (3D/47/24)

The People v Christopher Mombe (3D/47/24) [2024] ZMSUB 1 (4 October 2024)

Court

Subordinate Court of Zambia

Case number

3D/47/24

The court convicted Christopher Mombe of unlawful wounding after finding the complainant and investigating officer credible and the defence of intoxication unsupported.

• Unlawful wounding
• Burden of proof
• Intoxication as a defence
• Credibility of witnesses
• Unlawful-wounding
• Criminal-law

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ZCCM Investments Holdings Plc v First Quantum Minerals Limited and Ors (SCZ/ 8 / 20/2021)

ZCCM Investments Holdings Plc v First Quantum Minerals Limited and Ors (SCZ/ 8 / 20/2021) [2024] ZMSC 34 (4 October 2024)

Court

Supreme Court of Zambia

Case number

SCZ/ 8 / 20/2021

The Applicant failed to meet the threshold for permission to appeal as set out in Section 13(3) of the Court of Appeal Act. The intended appeal did not raise a point of law of public importance, had no reasonable prospects of success, and no other compelling reason was demonstrated. The objections to affidavit evidence were dismissed as the evidence complied with procedural requirements for interlocutory matters.

Source excerpt

• Derivative actions
• Res judicata
• Issue estoppel
• Permission to appeal
• Affidavit evidence
• Corporate governance

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Simon Mumba v Kabukabu Sikwebele and Ors (APPEAL No. 260/2022)

Simon Mumba v Kabukabu Sikwebele and Ors (APPEAL No. 260/2022) [2024] ZMCA 273 (3 October 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 260/2022

The Court of Appeal dismissed an appeal over a disputed Ndola stand, upholding cancellation of the appellant’s title for flawed land-allocation procedure.

• Land allocation
• Certificate of title
• Procedural impropriety
• Double allocation
• Judicial notice
• Payment of land fees

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Michelo Chizombe v Edgar Chagwa Lungu and Ors (2023/CCZ/0021)

Michelo Chizombe v Edgar Chagwa Lungu and Ors (2023/CCZ/0021) [2024] ZMCC 20 (3 October 2024)

Court

Constitutional Court of Zambia

Case number

2023/CCZ/0021

The application for recusal was dismissed because the allegations of bias or perceived lack of impartiality against the three judges were unsubstantiated, based on suspicion, and did not meet the high objective standard required by law. There was no evidence of actual or perceived bias, conflict of interest, or any relationship that would warrant recusal. The presumption of judicial impartiality stands, and the application was found to be in bad faith and an attempt to manipulate the court's composition.

Source excerpt

• Recusal of judges
• Judicial impartiality
• Bias
• Fair trial

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J&J Transport Zambia Limited v Zambezi Manufacturing and Trading (2018/HP/2090)

J&J Transport Zambia Limited v Zambezi Manufacturing and Trading (2018/HP/2090) [2024] ZMHC 194 (3 October 2024)

Court

High Court of Zambia

Case number

2018/HP/2090

The Plaintiff failed to specifically plead and prove fraud or that the directors/shareholders used the company as a facade for fraudulent activities; mere difficulty in executing a judgment is insufficient to pierce the corporate veil.

Source excerpt

• Piercing the corporate veil
• Fraudulent trading
• Judgment enforcement

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Simon Mumba v Kabukabu Sikwebele and Ors (APPEAL No. 260/2022)

Simon Mumba v Kabukabu Sikwebele and Ors (APPEAL No. 260/2022) [2024] ZMCA 272 (3 October 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 260/2022

The Court of Appeal dismissed an appeal over a disputed Ndola stand, upholding cancellation of the appellant’s title for non-compliance with land allocation procedure.

• Land allocation
• Certificate of title
• Procedural impropriety
• Double allocation
• Judicial notice
• Land-law

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Zambezi Portland Cement Limited v Angson Chanda Mayele and Ors (APPEAL NO. 305/2022)

Zambezi Portland Cement Limited v Angson Chanda Mayele and Ors (APPEAL NO. 305/2022) [2024] ZMCA 266 (3 October 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 305/2022

The Court of Appeal upheld repayment of withheld loan deductions but set aside damages for pain and anguish because they were not specifically pleaded or proved.

• Redundancy
• Damages for pain and anguish
• Withholding of loan deductions
• Collective agreements
• Jurisdiction
• Employment-law

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Cacius Mulenga v Annie Lupiya (APPEAL NO. 314/2022)

Cacius Mulenga v Annie Lupiya (APPEAL NO. 314/2022) [2024] ZMCA 274 (2 October 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 314/2022

The Court of Appeal upheld repayment of withheld loan deductions but set aside damages for pain and anguish for lack of pleading and proof.

• Redundancy
• Damages for pain and anguish
• Withholding of loan deductions
• Collective agreements
• Procedural fairness in termination
• Employment-law

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Modest Hamalabbi v Canaan Simaambo Mweetwa (sued in his capacity as Administrator of the Estate of Late Jameson Hammoya) and Anor (Appeal No. 268 of 2023)

Modest Hamalabbi v Canaan Simaambo Mweetwa (sued in his capacity as Administrator of the Estate of Late Jameson Hammoya) and Anor (Appeal No. 268 of 2023) [2024] ZMCA 256 (2 October 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 268 of 2023

The Court of Appeal set aside the lower court judgment and dismissed the appeal and cross-appeal after holding that the Local Court administrator lacked jurisdiction.

• Jurisdiction
• Specific performance
• Bona fide purchaser
• Administrator's authority
• Vacant possession
• Succession-law

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