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Zambia decisions
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Isaac Mwaanza and Civil Liberties Union v Attorney General (2024/CCZ/008) [2024] ZMCC 17 (29 July 2024)
The Constitutional Court held that jurisdictional objections to a constitutional petition challenging section 155 of the Penal Code require a full hearing.
Agnicious Mushabati and Ors v National Prosecution Authority (2024/CCZ/003) [2024] ZMCC 19 (26 July 2024)
The Constitution restricts the salary of a retiree retained on the payroll pending payment of pension benefits to the last salary received at retirement. There is no entitlement to subsequent salary increments or continued remittance of pension contributions. The respondent did not contravene Articles 187 or 189 by denying increments or stopping pension remittances.
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Mutazu John v Anthony Hubert Kabungo and Ors (2024/CCZ/006) [2024] ZMCC 18 (26 July 2024)
The Constitutional Court lacks jurisdiction to entertain petitions relating to the Bill of Rights (Part III of the Constitution), as original jurisdiction is vested exclusively in the High Court and appellate jurisdiction in the Supreme Court. The petition, seeking to invalidate a court-martial regulation for contravention of the Bill of Rights, is therefore dismissed for want of jurisdiction. The summons for stay of proceedings is also dismissed as it is tied to the dismissed petition.
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Madison General Insurance Company Limited v Longrun Logistics Limited and Ors (Appeal No. 159/2023) [2024] ZMCA 167 (26 July 2024)
The Court of Appeal upheld dismissal of an insurer’s subrogated claim, holding the transporter’s owner’s-risk exclusion was incorporated and binding.
Zambia National Building Society v News Diggers Limited (2022/HP/1514) [2024] ZMHC 135 (26 July 2024)
The High Court held that Zambia National Building Society, though a statutory corporate body, was government owned and controlled and could not sue for defamation.
The People v Francis Muchemwa and Ors (CRMPC/005/2022) [2024] ZMSUB 3 (26 July 2024)
The court convicted Francis Muchemwa and two companies for possessing property reasonably suspected to be proceeds of crime, and convicted Muchemwa for false pretences.
Narendra Valand and Ors v Dipesh Shah and Anor (APPEAL No. 124/2023) [2024] ZMCA 164 (26 July 2024)
The Court of Appeal dismissed the appeal, holding that the counterclaim duplicated an earlier Kabwe action involving the same parties and issues, and ordered consolidation of the surviving causes.
Sanat Limited v Shaileskumar Suryakant Amin (Appeal No. 205/2022) [2024] ZMCA 168 (26 July 2024)
The Court of Appeal held that Sanat Limited had capacity to sue, upheld the validity of the trust deeds, and found the respondent held three Lusaka plots in trust.
Grandview International Limited and Ors v Barak Fund (Suing on behalf of Barak Structured Trade Finance Segregated Portfolio) (APPEAL No. 289/2023) [2024] ZMCA 161 (25 July 2024)
The Court of Appeal set aside a default judgment and stayed proceedings, holding that a valid arbitration clause required the dispute to go to arbitration.
Brian Mundubile and Ors v Miles Sampa (2024/HP/0993) [2024] ZMHC 134 (25 July 2024)
The High Court dismissed the matter because the writ of summons was filed without the required letter of demand, treating the defect as fatal at commencement.
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