Zambia Case Law

Richmond Finance Limited v Luzendu Benjamin Muyuka and Anor (2023/HP/1977)

Richmond Finance Limited v Luzendu Benjamin Muyuka and Anor (2023/HP/1977) [2024] ZMHC 154 (24 September 2024)

Court

High Court of Zambia

Case number

2023/HP/1977

The Plaintiff, having paid the purchase price in full and obtained a Certificate of Title, is the registered proprietor and entitled to vacant possession and mesne profits from the date of title until actual possession is obtained.

Source excerpt

• Sale of land
• Vacant possession
• Mesne profits
• Title to land
• Breach of contract

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Eston Kasongo (Suing on behalf of Charles Cherry Mwando by Power of Attorney) v Jackson Mwando (2024/HP/0520)

Eston Kasongo (Suing on behalf of Charles Cherry Mwando by Power of Attorney) v Jackson Mwando (2024/HP/0520) [2024] ZMHC 157 (23 September 2024)

Court

High Court of Zambia

Case number

2024/HP/0520

The plaintiff failed to establish a clear right to relief or an arguable case for an interlocutory injunction, and Eston Kasongo lacked standing to sue on behalf of Charles Cherry Mwando by Power of Attorney, as litigation cannot be conducted through such delegation.

Source excerpt

• Interlocutory injunction
• Standing to sue
• Power of attorney
• Chieftaincy

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Musonda Lemba (Suing as the Administrator of the Estate of the late Winter D. Lemba) v Nobert Mfuni and Ors (2009/HP/778)

Musonda Lemba (Suing as the Administrator of the Estate of the late Winter D. Lemba) v Nobert Mfuni and Ors (2009/HP/778) [2024] ZMHC 199 (20 September 2024)

Court

High Court of Zambia

Case number

2009/HP/778

The High Court refused leave to appeal and a stay of execution, finding the proposed appeal had no realistic prospect of success.

• Leave to appeal
• Stay of execution
• Specific performance
• Rectification of register
• Fraudulent misrepresentation
• Leave-to-appeal

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Nickson Chilangwa and Ors v The People (HRBA/02/2024)

Nickson Chilangwa and Ors v The People (HRBA/02/2024) [2024] ZMHC 142 (20 September 2024)

Court

High Court of Zambia

Case number

HRBA/02/2024

The High Court declined bail pending appeal, finding no exceptional circumstances, no sufficient reasons for release, and no prima facie prospects of success.

• Bail pending appeal
• Exceptional circumstances
• Suspension of sentence
• Conviction
• Appeal prospects
• Bail-pending-appeal

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Aaron Banda v Lusaka City Council and Sayi Kulemela Banda (2023/HP/1191)

Aaron Banda v Lusaka City Council and Sayi Kulemela Banda (2023/HP/1191) [2024] ZMHC 149 (20 September 2024)

Court

High Court of Zambia

Case number

2023/HP/1191

The High Court lacks jurisdiction over matters falling under the Urban and Regional Planning Act No. 3 of 2015, as the Subordinate Court is the court of first instance. Both the main suit and the counterclaim are dismissed for want of jurisdiction.

Source excerpt

• Jurisdiction
• Statutory improvement areas
• Planning permission
• Res judicata
• Demolition of structures

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Inland Investment Limited v Arm Secure Limited and Ors (2023/HPC/0664)

Inland Investment Limited v Arm Secure Limited and Ors (2023/HPC/0664) [2024] ZMHC 170 (19 September 2024)

Court

High Court of Zambia

Case number

2023/HPC/0664

The High Court held that a clarification letter displaced the contract’s liability cap, awarded the plaintiff US$44,228 for theft loss, and upheld the defendant’s counterclaim.

• Limitation of liability
• Misrepresentation
• Fidelity insurance
• Estoppel
• Counterclaim
• Contract-law

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George Mushaukwa v Q8 Transport Company (2023/HPIR/0492)

George Mushaukwa v Q8 Transport Company (2023/HPIR/0492) [2024] ZMHC 312 (19 September 2024)

Court

High Court of Zambia

Case number

2023/HPIR/0492

The complainant was entitled to gratuity, leave pay, notice pay, underpaid allowances, and damages for unfair dismissal as the respondent failed to provide notice or valid reasons for termination, and admitted to certain underpayments. The counterclaim failed due to lack of evidence linking the alleged loss to the complainant's actions and because the complainant acted on instructions from his superiors.

Source excerpt

• Gratuity
• Leave pay
• Notice pay
• Subsistence allowance
• Risk allowance
• Salary underpayment

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Standard Chartered Bank Zambia Plc v Rodgers Mbao and Ors (Appeal No. 192/2022)

Standard Chartered Bank Zambia Plc v Rodgers Mbao and Ors (Appeal No. 192/2022) [2024] ZMCA 235 (18 September 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 192/2022

Court of Appeal of Zambia decision in an appeal by Standard Chartered Bank Zambia Plc against Rodgers Mbao and others, decided on 18 September 2024.

• Appellate-procedure

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Nchindika Nankolonga v Zambia National Building Society Society (AppealNo. 287/ 2022)

Nchindika Nankolonga v Zambia National Building Society Society (AppealNo. 287/ 2022) [2024] ZMCA 237 (18 September 2024)

Court

Court of Appeal of Zambia

Case number

AppealNo. 287/ 2022

Court of Appeal of Zambia decision in Appeal No. 287 of 2022, titled Nchindika Nankolonga v Zambia National Building Society Society, delivered on 18 September 2024.

• Appellate-procedure

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Zubao Harry Juma v First Quantum Mining and Operations Limited- Road Division (Appeal No. 102/2022)

Zubao Harry Juma v First Quantum Mining and Operations Limited- Road Division (Appeal No. 102/2022) [2024] ZMCA 232 (18 September 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 102/2022

The Court of Appeal held the appellant was entitled to accrued service benefits under his contract and the Employment Code Act, but refused costs.

• Accrued service benefits
• Severance pay
• Summary dismissal
• Costs in industrial relations
• Employment contract interpretation
• Employment-law

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