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Zambia decisions
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Neelkanth Lime Limited v Wonderful Industries Company Limited (2022/HPC/0807) [2024] ZMHC 210 (2 August 2024)
The High Court of Zambia dismissed a trade mark infringement claim, finding no proof that the defendant used the mark in trade without consent.
DSS Coal Extraction and Suppliers and Ors v Maamba Collieries Limited (APPEAL No. 236/2022) [2024] ZMCA 178 (1 August 2024)
The appellants' cause of action accrued in 2011 when the respondent denied liability for payment, and the statutory limitation period expired before the action was commenced in 2019. Ongoing negotiations did not suspend the limitation period. The claim is statute barred and the court lacks jurisdiction.
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Arnold Chikoli v Law Association of Zambia (APPEAL NO. 186 OF 2022) [2024] ZMCA 176 (1 August 2024)
The Court found that Section 68 of the Legal Practitioners Act did not apply as the appellant was charged under Sections 52 and 53 for professional misconduct, not under Part VIII for failure to keep accounts. The correct procedure was followed. The parties agreed to proceed without oral evidence before the Disciplinary Committee, so failure to call witnesses was not fatal. The standard of proof was met given the appellant's failure to explain the prolonged withholding of client funds. The power to suspend was properly exercised, and the sanction of striking off was justified by the gravity o…
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Michal Piort Franciszek Leja (Sued in his capacity as Administrator of the Estate of the late Artemis Vassiliki Benos Leja) v Mercy Maria Benos (Suing in her capacity as beneficiary in the Estate of late Artemis Vassiliki Benos Leja) (APPEAL NO. 406 OF 2023) [2024] ZMCA 179 (1 August 2024)
A niece qualifies as a 'near relative' and beneficiary under Section 7(f) of the Intestate Succession Act, as the term 'remoter descendant' includes collateral descendants such as nieces, in line with Zambian cultural context and legislative intent. The High Court did not err in its interpretation or in its orders regarding valuation, sale, and distribution of estate assets. The remaining grounds of appeal lack merit.
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Zambia Breweries Plc and Ors v Securities and Exchange Commission (APPLICATION NO. SP09 OF 2024) [2024] ZMCA 233 (1 August 2024)
The Court of Appeal refused leave to appeal to the Supreme Court, finding no public-importance point or reasonable prospects of success in the challenge.
Rephidim Institute Limited v The Attorney General (Application NO. SP04 OF 2024) [2024] ZMCA 238 (1 August 2024)
The Court of Appeal refused leave to appeal to the Supreme Court, finding no point of law of public importance and no reasonable prospects of success.
Goldman Insurance Limited v Attorney General (Appeal No. 193 of 2022) [2024] ZMCA 172 (1 August 2024)
The Court of Appeal dismissed an insurer’s challenge to encashment of a performance bond, holding the surety had delayed too long and lost the chance to elect a remedy.
Sydney Ngoma v National Pension Scheme Authority (APPEAL NO. 228/2022) [2024] ZMCA 169 (31 July 2024)
There was no evidence of personal or material gain by the appellant to support the charges of abuse of office and corruption. The disciplinary procedure was substantially followed, but the factual basis for the dismissal was lacking. Therefore, the dismissal was not justified on the facts, and the appellant is entitled to damages.
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Jonathan Van Blerk v The Attorney General and Ors (APPEAL NO. 338/2023) [2024] ZMCA 166 (30 July 2024)
The appellant failed to prove that fraud existed at the time of the original trial or that the State's witness made false or fraudulent representations regarding the purpose of the compulsory acquisition. The subsequent allocation of land to private companies did not establish fraud in the procurement of the judgments. There was no evidence of malafides or deliberate dishonesty at the relevant time. The appeal was therefore dismissed in its entirety.
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Sunshare Construction Limited v Project IQ Consultancy Limited (2024/HPC/372) [2024] ZMHC 215 (29 July 2024)
The High Court dismissed a plaintiff’s application for partial judgment on admission, finding the defence raised live issues and a counterclaim that required full determination.
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