Zambia Case Law

Royal Mines Limited v Tawakkaal Gems Investments Company Limited and The Attorney General (Appeal No. 178 of 2022)

Royal Mines Limited v Tawakkaal Gems Investments Company Limited and The Attorney General (Appeal No. 178 of 2022) [2024] ZMCA 243 (29 August 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 178 of 2022

Court of Appeal held Royal Mines should have been heard as a proper person in judicial review over competing mining rights and set aside the refusal to join.

• Judicial review
• Joinder of parties
• Mining licences
• Natural justice
• Locus standi
• Judicial-review

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William Chilufya v Hivos Southern Africa (2024/HPIR/0183)

William Chilufya v Hivos Southern Africa (2024/HPIR/0183) [2024] ZMHC 315 (29 August 2024)

Court

High Court of Zambia

Case number

2024/HPIR/0183

The complaint was filed outside the 90-day statutory period after the conclusion of the internal appeal process, and ex curia settlement negotiations do not constitute administrative channels nor do they suspend the limitation period. The court therefore lacks jurisdiction to hear the matter.

Source excerpt

• Jurisdiction
• Limitation periods
• Unfair dismissal
• Admissibility of evidence

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Ma Chuhua and Anor v Sun Yadong (Appeal No. 176 of 2023)

Ma Chuhua and Anor v Sun Yadong (Appeal No. 176 of 2023) [2024] ZMCA 244 (26 August 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 176 of 2023

The Respondent, as a shareholder and director, was required by Section 331 of the Companies Act to obtain leave of court before commencing proceedings intended to protect company property while the company was under receivership. His failure to do so rendered the proceedings a nullity, and the trial judge erred in allowing the action to proceed.

Source excerpt

• Derivative actions
• Receivership
• Leave of court
• Abuse of process
• Forum shopping

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Food Reserve Agency v Charles Mpundu (Appeal No. 208 of 2022)

Food Reserve Agency v Charles Mpundu (Appeal No. 208 of 2022) [2024] ZMCA 191 (25 August 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 208 of 2022

The Court of Appeal set aside mesne profits awarded after lease expiry, holding the landlord failed to prove trespass or deprivation of possession beyond January 2017.

• Mesne profits
• Lease termination
• Damages for wrongful occupation
• Mesne-profits
• Lease-termination
• Landlord-and-tenant

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Shadreck Kapasa v Aboubacar Bocoum (Appeal No. 242 of 2023)

Shadreck Kapasa v Aboubacar Bocoum (Appeal No. 242 of 2023) [2024] ZMCA 231 (22 August 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 242 of 2023

The Court found that there was sufficient evidence of an oral agreement between the parties for the supply of 3kg of gold, that the Respondent paid the Appellant USD 120,000 (of which USD 110,000 remained outstanding), and that the Appellant failed to fulfill his contractual obligation. The trial court's reliance on WhatsApp messages and other documentary evidence was justified, and the Appellant's arguments were found to be evasive and unsupported by the record.

Source excerpt

• Breach of contract
• Oral agreements
• Burden of proof
• Appellate review
• Evidence admissibility

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Marshal Chileshe v Zambia National Building Society (APPEAL 258/2022)

Marshal Chileshe v Zambia National Building Society (APPEAL 258/2022) [2024] ZMCA 228 (22 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL 258/2022

The Court of Appeal held that the appellant’s promotion did not create a new fixed-term contract and the employment ended by effluxion of time.

• Fixed-term employment contracts
• Promotion and contract renewal
• Doctrine of changed substratum
• Legitimate expectation
• Wrongful termination
• Special damages

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Midlands Milling (2011) Limited v Lloyd (APPEAL 297 /2022)

Midlands Milling (2011) Limited v Lloyd (APPEAL 297 /2022) [2024] ZMCA 189 (22 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL 297 /2022

The Court of Appeal held that a worker summarily dismissed for misconduct was not entitled to severance pay under section 54 of the Employment Code Act.

• Severance pay
• Summary dismissal
• Statutory interpretation
• Employment contracts
• Employment-law
• Severance-pay

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Davies Chilufya and Ors v Lucho Real Esates Limited and Ors (APPEAL NO. 332/2023)

Davies Chilufya and Ors v Lucho Real Esates Limited and Ors (APPEAL NO. 332/2023) [2024] ZMCA 229 (22 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 332/2023

The Court of Appeal set aside a High Court dismissal made without reasons, holding that the appellants had disclosed a clear cause of action and the matter must be heard on the merits.

• Cause of action
• Injunctions
• Judgment writing
• Sua moto dismissal
• Pleadings
• Civil-procedure

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Moses Muteteka and Anor v Bliss Financial Services Limited (APPEAL NO 188/2023)

Moses Muteteka and Anor v Bliss Financial Services Limited (APPEAL NO 188/2023) [2024] ZMCA 270 (22 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO 188/2023

The Court of Appeal held that Bliss Financial Services lacked locus standi because it was not shown to be a party to the loan agreement and allowed the appeal.

• Locus standi
• Privity of contract
• Corporate personality
• Mortgage actions
• Locus-standi
• Privity-of-contract

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Morgan Naik v Amadeus International Limited (APPEAL NO. 264/2023)

Morgan Naik v Amadeus International Limited (APPEAL NO. 264/2023) [2024] ZMCA 242 (22 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 264/2023

The Court of Appeal dismissed an appeal against removal of caveats, holding that the delayed proceedings did not defeat jurisdiction and the appellant had no caveatable interest.

• Caveats
• Beneficial interest
• Corporate personality
• Jurisdiction
• Shareholder rights
• Caveatable-interest

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