Zambia Case Law

The Anti Corruption Commission v Pittscon Zambia Limited and Ors (2022 / HPEF / 12)

The Anti Corruption Commission v Pittscon Zambia Limited and Ors (2022 / HPEF / 12) [2024] ZMHC 138 (21 August 2024)

Court

High Court of Zambia

Case number

2022 / HPEF / 12

The Interested Parties, acting through Pittscon Zambia Limited, submitted false information regarding Key Personnel in bids for government contracts, thereby obtaining contracts by false pretences. The properties acquired with proceeds from these contracts are tainted and constitute proceeds of crime. The Interested Parties failed to provide a satisfactory explanation for the source of their wealth. The applicant established, on a balance of probabilities, that the properties are tainted and subject to forfeiture under the Forfeiture of Proceeds of Crime Act.

Source excerpt

• Forfeiture of proceeds of crime
• False pretences
• Burden of proof
• Unexplained wealth
• Tainted property

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Mirriam Banda Zimba v CFB Medical Centre Limited (APPEAL No. 270/2022)

Mirriam Banda Zimba v CFB Medical Centre Limited (APPEAL No. 270/2022) [2024] ZMCA 226 (21 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 270/2022

The appellant's fixed term contract contained no renewal clause or criteria for renewal, and no clear or unambiguous assurance of renewal was given by the board. Performance, even if excellent, does not create a legitimate expectation of renewal in the absence of contractual or policy provisions. The contract ended by effluxion of time, and the non-renewal was not wrongful, unfair, or unlawful.

Source excerpt

• Fixed term contracts
• Legitimate expectation
• Contract renewal
• Performance appraisal
• Unfair dismissal

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Zambia Medicines Regulatory Authority v Honey Bee Pharmacy Limited (APPEAL No. 273/2022)

Zambia Medicines Regulatory Authority v Honey Bee Pharmacy Limited (APPEAL No. 273/2022) [2024] ZMCA 203 (21 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 273/2022

The Court of Appeal dismissed an appeal against refusal to strike out a claim, holding the pleadings disclosed a reasonable cause of action.

• Striking out pleadings
• Joinder of parties
• Cause of action
• Interim injunctions
• Civil-procedure
• Striking-out-pleadings

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Multichoice Zambia Limited v Tutu Zulu (APPEAL NO. 157/2023)

Multichoice Zambia Limited v Tutu Zulu (APPEAL NO. 157/2023) [2024] ZMCA 358 (21 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 157/2023

The respondent's dismissal was both wrongful and unfair as it was based on institutional failures beyond his control, and the disciplinary process relied on conflicting procedures, with the Disciplinary Code requiring a written reprimand for a first offence. The award of 36 months' salary was justified due to the unconscionable grounds for dismissal and the scarcity of comparable employment opportunities.

Source excerpt

• Wrongful dismissal
• Unfair dismissal
• Damages for dismissal
• Disciplinary procedures
• Employment contracts

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Josephat Mushiko and Anor v Akrasi Properties Limited (APPEAL NO. 190/2022)

Josephat Mushiko and Anor v Akrasi Properties Limited (APPEAL NO. 190/2022) [2024] ZMCA 207 (21 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 190/2022

It is in the interest of justice to order joinder of the appellants to the proceedings post-judgment so that they can be heard, as the court has discretion to allow joinder at any stage, including after judgment, especially where proprietary rights are affected and the parties were not previously heard.

Source excerpt

• Joinder of parties
• Functus officio
• Natural justice
• Deprivation of property

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Meanwood General Insurance Company v U-Rest Form Limited (APPEAL No. 285/2022)

Meanwood General Insurance Company v U-Rest Form Limited (APPEAL No. 285/2022) [2024] ZMCA 225 (21 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 285/2022

The appeal failed because the credit guarantee clearly related to the US$900,000.00 loan, the appellant was not prejudiced by the reference to the earlier loan agreement, the respondent was not required to be licensed as a money lender, the issue of board authority was not the concern of the respondent or the court due to the Turquand rule, and the appellant defaulted on its obligations under the guarantee.

Source excerpt

• Credit guarantee
• Loan agreement
• Money lending regulation
• Corporate authority
• Pleadings and evidence

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Zifa Chirwa v The People (APPEAL/96/2023)

Zifa Chirwa v The People (APPEAL/96/2023) [2024] ZMCA 197 (20 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL/96/2023

Given the aggravating factors, including repeated defilement and resulting pregnancy, and considering the maximum sentence is life imprisonment, the sentence of 35 years is not excessive or wrong in principle. The appellant was not sentenced to the maximum, and the appeal lacks merit.

Source excerpt

• Defilement
• Sentencing
• Appeals

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Mwila Muselepete v The People (APPEAL/95/2023)

Mwila Muselepete v The People (APPEAL/95/2023) [2024] ZMCA 186 (20 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL/95/2023

The Court of Appeal of Zambia allowed a sentence appeal for causing death by dangerous driving, substituting a K3000 fine for six months' imprisonment.

• Causing death by dangerous driving
• Sentencing
• Option of fine versus custodial sentence
• First offender treatment
• Criminal-sentencing
• Road-traffic-offences

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John Banda v The People (Appeal No. 97/2023)

John Banda v The People (Appeal No. 97/2023) [2024] ZMCA 182 (20 August 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 97/2023

The Court of Appeal set aside a life sentence for murder and substituted 30 years’ imprisonment, finding that provocation evidence amounted to extenuating circumstances.

• Murder
• Provocation
• Sentencing
• Extenuating circumstances
• Extenuating-circumstances
• Criminal-appeal

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Emmanuel Sinkala v the People (Appeal 73/2024)

Emmanuel Sinkala v the People (Appeal 73/2024) [2024] ZMCA 352 (20 August 2024)

Court

Court of Appeal of Zambia

Case number

Appeal 73/2024

The Court of Appeal dismissed a murder appeal, holding that credible eyewitness identification outweighed the appellant’s alibi and the conviction was safe.

• Murder
• Identification evidence
• Burden of proof
• Alibi
• Appeals
• Criminal-appeal

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