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Zambia decisions
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Richard Ndonji v Lafarge Zambia Plc (Appeal No. 204/ 2022) [2024] ZMCA 236 (18 September 2024)
Court of Appeal of Zambia judgment in Richard Ndonji v Lafarge Zambia Plc, Appeal No. 204/2022, reported as [2024] ZMCA 236, decided on 18 September 2024.
Isaac Ngoma v Brian Manyando (2024/ HPIR/ 646) [2024] ZMHC 232 (17 September 2024)
The court held that failure to exhaust administrative remedies does not bar the complainant from filing a complaint in court where such remedies are non-existent, unduly prolonged, or ineffective. The complainant demonstrated a serious issue to be tried, that damages would not be an adequate remedy, and the balance of convenience favoured granting an injunction.
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Patrick Daka v The People (APPEAL No.92/2023) [2024] ZMCA 234 (17 September 2024)
Court of Appeal of Zambia judgment in Patrick Daka v The People, appeal number 92 of 2023, decided on 17 September 2024. The supplied record contains no substantive case text.
National Prosecution Authority v Felix Kakula (APPEAL NO. 301/2022; CAZ/08/432/2022) [2024] ZMCA 240 (16 September 2024)
The Court of Appeal dismissed the appeal after finding it lacked jurisdiction because the application to extend time to file the record was itself out of time.
First National Bank Zambia Limited v Quatt Investments Limited and Anor (2024/HPC/0518) [2024] ZMHC 141 (16 September 2024)
The applicant is entitled to judgment for the outstanding loan sum plus contractual interest, as the loan agreement expressly provided for compound interest and the respondents defaulted. Section 110 of the Banking and Financial Services Act only limits the amount of interest recoverable on non-performing loans to not exceed the principal, but does not prohibit charging interest. The applicant is also entitled to foreclosure, sale, and recovery against the surety if the sale proceeds are insufficient.
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Total Energies Marketing Zambia Ltd v Sheila Kalubi (Sued in her Capacity as Ministry of President for the Trinity Family Centre) and Ors (2024/HPC/0093) [2024] ZMHC 178 (16 September 2024)
The High Court struck out the claim against the 2nd Defendant, holding the action was time-barred and that vicarious liability was not made out.
Trymore Mwenda v Astone Nanja (2024/HP/1271) [2024] ZMHC 156 (16 September 2024)
Ex parte, the High Court granted an interim injunction restraining construction on Stand No. 5635, Choma, pending inter-partes hearing.
Memory Mumbo and Frank Nchimunya Moyo Gwaba v Road Development Agency and James Sichela (2019/HP/0754) [2024] ZMHC 162 (14 September 2024)
The document in question was not part of any negotiation or offer for settlement and thus does not attract 'without prejudice' privilege; the objection to its admissibility is misconceived and untimely, having not been raised during discovery as required by court orders.
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Steven Mwafulilwa and Ors v Rev. Chipasha Musaba (Sued in his capacity as the UCZ Synod General Secretary) and Ors (2024/HP/1236) [2024] ZMHC 159 (14 September 2024)
The High Court dismissed an application to stop the induction of the UCZ’s elected General Secretary, finding no sufficient basis for interlocutory relief.
Mwelwa Samel Chilufya v The Inspector General of Police and Ors (Appeal 50/2023; CAZ/2022/08/563; CAZ/50/2023) [2024] ZMCA 255 (12 September 2024)
The 2nd respondent was improperly joined as a party because the appellant failed to demonstrate any action or omission by the 2nd respondent relevant to the investigation of the criminal offence. The statutory mandate of the 2nd respondent does not extend to conducting criminal investigations. The trial judge was correct in granting the order of misjoinder and awarding costs against the appellant.
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