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Zambia decisions
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Bank of Zambia and Anor v Al Shams Building Materials Company Limited and Anor (App.No. 80/2023) [2024] ZMCA 173 (6 August 2024)
The Court of Appeal dismissed a motion to reverse a single judge’s ruling, holding that it was substantively an appeal rather than a proper renewal application.
Jairos Sinyangwe v Twiza Corporative (2024/SID/33) [2024] ZMSUB 13 (6 August 2024)
The Subordinate Court awarded the plaintiff K14,000 plus interest and costs for unpaid wages under an oral employment contract, after the defendant failed to appear at trial.
Clara Chimfwembe (In her capacity as Executrix of the Estate of the late Donald Chimfwembe) v Hellen Mutale Chimfwembe (In her own and on behalf of Mwansa Chimfwembe, Kafwimbi Chimfwembe Mumbi Chimfwembe & Donald Chimfwembe Jnr. being beneficiaries of the Estate of the late Donald Chimfwembe) (CAZ Appeal No. 015/2021) [2024] ZMCA 174 (6 August 2024)
Rabecca Makhumalo is neither a child nor a dependant of the deceased within the meaning of the Intestate Succession Act, as she was not born to or adopted by the deceased, nor was she maintained by or living with the deceased at the time of his death. Therefore, she is not entitled to a share of the deceased's estate.
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Sylvia Madawaki v African Banking Corporation Limited (APPEAL NO. 263/2021) [2024] ZMCA 171 (6 August 2024)
The Court of Appeal upheld refusal of leave to amend a complaint, extend time, and produce a document, finding the appellant’s delay inordinate and prejudicial.
Esau Shamalambo v China Zambia Friendship Farm Ltd (2023 / HPIR/ 596) [2024] ZMHC 230 (6 August 2024)
The complainant failed to prove on a balance of probabilities that he was entitled to leave benefits for 2006-2011 or terminal benefits, as he did not work continuously during that period and did not substantiate his claim for terminal benefits. The evidence showed he was dismissed for absenteeism and had been paid all dues for the period of permanent employment.
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Esau Shamalambo v China Zambia Friendship Farm Ltd (2023/HPIR/596) [2024] ZMHC 243 (6 August 2024)
The High Court held that the employee was dismissed for absenteeism, not resigned, and rejected claims for leave days for 2006-2011 and terminal benefits.
Ivan Lister v Africa Personnel Services Zambia Limited (2022/HP/0354) [2024] ZMHC 313 (5 August 2024)
The High Court held that an unsigned employment contract may still be enforceable if the parties intended to be bound, and dismissed a preliminary application on gratuity.
Future Development Limited and Ors v David Mulaisho (2024/HPC/0336) [2024] ZMHC 213 (2 August 2024)
The High Court refused to enter judgment on admission, finding the defence and supporting document did not show clear, unequivocal admissions of the debt claimed.
Odiile Loukombo Chelemu and Anor v Chana Chelemu (Sued as Administratrix of the Late Weddie Chemlesya Chelemu) and Ors (2022/HPF/453) [2024] ZMHC 300 (2 August 2024)
Applicants are entitled to an updated inventory and account of the deceased's estate as Administrators failed to fully discharge their statutory duties, particularly regarding transparency, disputed assets, and inclusion of non-beneficiaries. The adopted child's inheritance rights remain unaffected by the annulment of the marriage. Ex-gratia inclusion of additional beneficiaries is unenforceable without unanimous consent. The Respondents cannot withhold the 1st Applicant's share absent a court order or properly pleaded counterclaim. Distribution of the estate is stayed pending updated account…
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Dr. Natalya Yakovlyeva v Isabel Boag (Appeal No. 163/2023) [2024] ZMCA 177 (2 August 2024)
The Court of Appeal held that the High Court had no jurisdiction to entertain the preliminary issues under Order 14A of the Rules of the Supreme Court in a matter commenced by originating notice of motion, as the mandatory requirement of a notice of intention to defend was not satisfied. The summary procedure was inapplicable, and the ruling was set aside for want of jurisdiction.
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