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Zambia decisions
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First National Bank Zambia Limited v Diana Sikazwe and Ors (APPEAL NO. 243/2022) [2024] ZMCA 222 (22 August 2024)
The Court of Appeal allowed the bank’s appeal, setting aside findings of breach of contract and recklessness, and the damages awarded against it.
Stanbic Bank Zambia Limited v Natasha Patel (AppealNo. 274/2022) [2024] ZMCA 190 (22 August 2024)
Section 54(1)(c) of the Employment Code Act does not apply to permanent and pensionable employees; it is limited to employees on fixed-duration contracts. Permanent contracts are not contracts of fixed duration. Employees dismissed under Section 51 are not entitled to severance pay under Section 54. The lower court erred in awarding severance pay to the respondent.
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Clifford Kapinga v The People (Appeal No 162/2022) [2024] ZMCA 247 (22 August 2024)
The trial judge erred in failing to find extenuating circumstances on the basis of a failed defence of provocation, as there was evidence of a provocative act, even though the retaliation was not proximate. The sentence of capital punishment is set aside and replaced with 20 years imprisonment with hard labour.
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Kamangula Wa'chata v Road Transpot and Safety Agency (Appeal No. 253/2022) [2024] ZMCA 223 (22 August 2024)
The Court of Appeal held that the appellant had already been adequately compensated for unfair termination and dismissed the appeal for additional damages.
Amelia Dembe Taco Batista v Zambia National Commercial Bank Plc (APPEAL 254/2022) [2024] ZMCA 202 (22 August 2024)
The Court of Appeal dismissed an appeal over a negligence claim against a bank, holding that no duty of care was owed to a non-customer signatory and the alleged loss was too remote.
Mercy Mang'wato v Great North Credit Zambia Ltd and Ors (APPEAL 220/2023) [2024] ZMCA 193 (22 August 2024)
The Court of Appeal dismissed an appeal against refusal to set aside a judgment entered in the appellant’s absence, holding that a five-month delay was inordinate.
Jaiko Hamweenzu v The People (APPEAL No.78/2O23) [2024] ZMCA 198 (22 August 2024)
The Court of Appeal upheld a life sentence for manslaughter, holding that the violent killing of an eight-year-old during a sexual assault outweighed mitigation from a guilty plea and first-offender status.
Food Lovers Zambia Limited v Given Kachinga and Ors (APPEAL No 206/2021) [2024] ZMCA 208 (22 August 2024)
The Supreme Court in Citibank Zambia Limited v Suhayl Dudhia reversed the Guardall precedent, holding that failure to deliver judgment within one year does not terminate jurisdiction. Therefore, the appeal, based solely on the overturned Guardall case, is incompetent and dismissed.
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Charles Mekanin Phiri v The People (APPEAL No. 132/2022) [2024] ZMCA 251 (22 August 2024)
Court of Appeal of Zambia upheld a murder conviction, holding that identification evidence, motive, opportunity, and common purpose supported guilt despite an alibi.
Wamulume Kalabo v Howard Mwape (Appeal No. 183 of 2023) [2024] ZMCA 230 (22 August 2024)
The Court of Appeal dismissed a challenge to an arbitral award, holding it stayed within the reference and was not shown to offend public policy.
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