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Zambia decisions
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Nasri Safeidine v Rabih Jaber (Appeal No. 245 of 2022) [2024] ZMCA 160 (25 July 2024)
The Court of Appeal held the email was a valid contract, but payment depended on selling the drilling rig. No partnership was proven and damages were set aside.
Jayesh Shah v Mwenda Mwimanenwa Nyambe and Anor (SCZ/8/05/2023) [2024] ZMSC 26 (24 July 2024)
The Supreme Court held that the applicant failed to raise any point of law of public importance, novel issue, or compelling reason justifying leave to appeal. The law on the relevant procedural and substantive issues is settled, and the applicant's dissatisfaction stemmed from the application of settled principles to the facts, not from any uncertainty in the law. The single judge erred in granting leave on the issue of costs, as the principles governing costs are clear and flexible. The application was dismissed in its entirety.
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Mpamfya Sampa v Lontia Sakala (2024/HPF/D416) [2024] ZMHC 275 (24 July 2024)
The High Court of Zambia granted a decree nisi in an undefended divorce, finding irretrievable breakdown after over two years’ separation and mutual consent.
Finsbury Investments Limited v Murray and Roberts Construction Limited and Anor (SCZ/8/08/2023) [2024] ZMSC 25 (24 July 2024)
The respondents established sufficient interest in the property by virtue of an equitable lien arising contractually from the Principal Building Agreement and a court order for possession. The mechanic's lien is not applicable in Zambia, and the Court of Appeal did not base its decision on it. The respondents' interest was not invalidated by non-registration, and they were properly joined to the mortgage action to challenge the consent judgment.
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Billis Farm Limited and Anor v Molosoni Chipabwamba and 12 Or Displaced Village Owners (APPEAL No. 11 OF 2022) [2024] ZMSC 33 (23 July 2024)
The Court of Appeal lacked jurisdiction to hear and determine the appeal as it arose from a substantive decision of the High Court under Article 28 of the Constitution. All such appeals must be made to the Supreme Court. The Court of Appeal's decision is a nullity and is vacated.
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Billis Farm Limited and Anor v Molosoni Chipabwamba and Ors (APPEAL No. 11 OF 2022) [2024] ZMSC 24 (23 July 2024)
The Supreme Court held that the Court of Appeal lacked jurisdiction over a substantive Article 28 appeal and vacated its judgment as a nullity.
Als Capital Limited v Beatech Enterprises Limited and Anor (2024/HPC/0258) [2024] ZMHC 185 (22 July 2024)
The High Court held that the loan terms, including 60% interest and deductions, were agreed. Judgment was entered for the lender, with the amount due to be assessed and foreclosure available if unpaid.
Kapesika Enterprises and Ors v Cavmont Bank Zambia Limited (Appeal No. 166/2023) [2024] ZMCA 162 (22 July 2024)
The Court of Appeal dismissed an appeal over substitution of a bank after takeover, holding the trial court could amend proceedings to reflect the correct party.
Stardy Mwale v The Anti-Corruption Commission (Appeal No. 145/2023) [2024] ZMCA 159 (22 July 2024)
The Court of Appeal held that the Anti-Corruption Commission could prosecute civil forfeiture matters, and dismissed challenges to the tainted-property issue, parallel proceedings, and costs.
Dave Samutela v Kaltire Mining Tire Group (COMP NO. IRCND/113/2020) [2024] ZMHC 316 (20 July 2024)
The dismissal was wrongful because it relied on warning letters issued without affording the complainant a hearing, contrary to principles of natural justice and the employment contract. However, the dismissal was not unfair as no statutory breach or unreasonableness was established.
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