Zambia Case Law

The People v Gershom Mutale Chishimba (APPEAL NO. 73/2023)

The People v Gershom Mutale Chishimba (APPEAL NO. 73/2023) [2024] ZMCA 199 (16 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 73/2023

The prosecution failed to prove beyond reasonable doubt that the respondent's actions amounted to gross negligence or recklessness. The failure to engage the safety catch during a hunting expedition did not constitute negligence in the circumstances, and the defence of accident was not disproved.

Source excerpt

• Manslaughter
• Negligence
• Defence of accident

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Lukasu Properties Limited v African Banking Corporation Zambia Limited (SCZ/08/10/2023)

Lukasu Properties Limited v African Banking Corporation Zambia Limited (SCZ/08/10/2023) [2024] ZMSC 28 (15 August 2024)

Court

Supreme Court of Zambia

Case number

SCZ/08/10/2023

The Supreme Court held that failure to serve a letter of demand on each defendant before commencing proceedings under amended Order VI was fatal.

• Commencement of actions
• Mandatory procedural requirements
• Letters of demand
• Jurisdiction
• Curable irregularities
• Civil-procedure

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Attorney General v David Mumba and Anor (APPEAL 138/2022)

Attorney General v David Mumba and Anor (APPEAL 138/2022) [2024] ZMCA 201 (15 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL 138/2022

The Court of Appeal dismissed an application to strike out an appeal for defective grounds, holding it retained jurisdiction despite non-compliance with drafting rules.

• Wrongful dismissal
• Jurisdiction
• Drafting of grounds of appeal
• Procedural compliance
• Civil-procedure
• Appeals

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Faustine Kabwe and Bimal Thaker v Ndola Trust School Limited and Attorney General (APPLICATION NO. SCZ/8/11/2022; APPLICATION NO. SCZ/8/14/2022)

Faustine Kabwe and Bimal Thaker v Ndola Trust School Limited and Attorney General (APPLICATION NO. SCZ/8/11/2022; APPLICATION NO. SCZ/8/14/2022) [2024] ZMSC 29 (15 August 2024)

Court

Supreme Court of Zambia

Case number

APPLICATION NO. SCZ/8/11/2022 ; APPLICATION NO. SCZ/8/14/2022

The Supreme Court of Zambia has jurisdiction to entertain applications for leave to appeal under both the Constitution and other written laws, including the Supreme Court (Amendment) Act and Supreme Court Rules, as there is no Constitutional Court decision declaring such provisions unconstitutional. Article 131(2) defines the jurisdiction of the Court of Appeal, not the Supreme Court, and does not limit the Supreme Court's jurisdiction as set out in Article 125 and Article 119(1).

Source excerpt

• Jurisdiction of supreme court
• Leave to appeal
• Interpretation of constitution
• Relationship between constitution and statute
• Costs in appellate proceedings

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Diego Casilli v Access Bank (Zambia) Limited and Ors (APPEAL NO. 259 OF 2022)

Diego Casilli v Access Bank (Zambia) Limited and Ors (APPEAL NO. 259 OF 2022) [2024] ZMCA 181 (14 August 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 259 OF 2022

The Court of Appeal dismissed Diego Casilli’s appeal against Access Bank and others, rejecting conspiracy and breach claims but upholding relief on excessive interest.

• Agency
• Conspiracy to defraud
• Loan agreements
• Interest rates
• Unconscionability
• Banker-customer relationship

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People v Shi Yaming (HP/62/2024)

People v Shi Yaming (HP/62/2024) [2024] ZMHC 290 (13 August 2024)

Court

High Court of Zambia

Case number

HP/62/2024

The High Court of Zambia held that the prosecution had not made out a prima facie case of manslaughter arising from a child’s death by dog attack.

• Manslaughter
• Negligence
• Duty of care
• Ownership of dangerous animals
• Criminal procedure
• No-case-to-answer

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Lamise Trading Limited (Suing in its capacity as Shareholder of Intelligent Mobility Solutions Limited) v Kapsch Trafficcom AG and Anor (2024/HPC/0339)

Lamise Trading Limited (Suing in its capacity as Shareholder of Intelligent Mobility Solutions Limited) v Kapsch Trafficcom AG and Anor (2024/HPC/0339) [2024] ZMHC 189 (12 August 2024)

Court

High Court of Zambia

Case number

2024/HPC/0339

The High Court granted a minority shareholder leave to bring a derivative action on behalf of the company, finding the statutory threshold under section 331 was met.

• Derivative actions
• Fiduciary duties
• Minority shareholder rights
• Derivative-actions
• Minority-shareholder-rights
• Fiduciary-duties

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Lamise Trading Limited (Suing in its capacity as Shareholder of Intelligent Mobility Solutions Limited) v Kapsch Trafficcom AG and Anor (2024/HPC/0339)

Lamise Trading Limited (Suing in its capacity as Shareholder of Intelligent Mobility Solutions Limited) v Kapsch Trafficcom AG and Anor (2024/HPC/0339) [2024] ZMHC 190 (12 August 2024)

Court

High Court of Zambia

Case number

2024/HPC/0339

The High Court granted leave to issue and serve derivative-action process out of jurisdiction, holding the initial failure to obtain leave was curable.

• Derivative action
• Service out of jurisdiction
• Fiduciary duties
• Service-out-of-jurisdiction
• Derivative-action
• Company-law

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Newmann Muyatwa v Florence Kayenge Muyatwa (Nee Chota) (2024/HPF/D458)

Newmann Muyatwa v Florence Kayenge Muyatwa (Nee Chota) (2024/HPF/D458) [2024] ZMHC 277 (8 August 2024)

Court

High Court of Zambia

Case number

2024/HPF/D458

The High Court of Zambia granted a Decree Nisi in an undefended divorce, ordering joint custody, child maintenance, transfer of a BMW, and costs to lie where they fall.

• Divorce
• Child custody
• Child maintenance
• Property settlement
• Child-custody
• Child-maintenance

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Road Development Agency v Safricas Zambia Limited (APPEAL NO. 03/2024)

Road Development Agency v Safricas Zambia Limited (APPEAL NO. 03/2024) [2024] ZMSC 27 (7 August 2024)

Court

Supreme Court of Zambia

Case number

APPEAL NO. 03/2024

The Supreme Court dismissed an appeal against refusal to set aside an arbitral award, holding that the application failed to comply with Rule 23 evidence requirements.

• Setting aside arbitral awards
• Public policy in arbitration
• Jurisdiction of arbitrator
• Compliance with procedural rules
• Arbitration
• Arbitral-awards

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