Zambia Case Law

Indo Zambia Bank Limited v Entrust Stockfeeds Limited (2023/HPC/0635)

Indo Zambia Bank Limited v Entrust Stockfeeds Limited (2023/HPC/0635) [2024] ZMHC 305 (19 July 2024)

Court

High Court of Zambia

Case number

2023/HPC/0635

The respondent's board did not have a reasonable basis to believe the company was financially distressed within the statutory meaning, as the evidence showed the company was already insolvent. There was also no contemporaneous evidence of reasonable prospects for rescue at the time of the resolution. The procedural requirements of section 21(1) of the Corporate Insolvency Act, 2017 were not met. The special resolution and business rescue proceedings are therefore invalid and set aside under section 22(1)(a) of the Act.

Source excerpt

• Business rescue proceedings
• Liquidation
• Special resolutions
• Financial distress
• Jurisdiction
• Statutory interpretation

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O.J.D.B. v G.C.M (2024/HPF/083)

O.J.D.B. v G.C.M (2024/HPF/083) [2024] ZMHC 180 (19 July 2024)

Court

High Court of Zambia

Case number

2024/HPF/083

High Court of Zambia judgment in O.J.D.B. v G.C.M, decided on 19 July 2024 and reported as [2024] ZMHC 180. The supplied record does not include the substantive reasons or outcome.

• Legal-procedure

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Lactalis Zambia Limited and Anor v Mukulu Dairies Limited (CAZ/08/219/2024)

Lactalis Zambia Limited and Anor v Mukulu Dairies Limited (CAZ/08/219/2024) [2024] ZMCA 261 (18 July 2024)

Court

Court of Appeal of Zambia

Case number

CAZ/08/219/2024

The renewed application for leave to appeal was made outside the prescribed 14-day period, rendering it incompetent and depriving the court of jurisdiction to grant it.

Source excerpt

• Leave to appeal
• Jurisdiction
• Timelines for applications

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Jimmy Mulusa v First National Bank Zambia Limited (2022/HPIR/595)

Jimmy Mulusa v First National Bank Zambia Limited (2022/HPIR/595) [2024] ZMHC 184 (17 July 2024)

Court

High Court of Zambia

Case number

2022/HPIR/595

The court found the bank unlawfully terminated a permanent employee without proving operational requirements and awarded damages, severance pay, and repatriation costs.

• Unlawful termination
• Damages
• Severance pay
• Repatriation
• Employment contracts
• Unlawful-termination

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The People v Richard Mpengaula and Ors (HK/48/2020)

The People v Richard Mpengaula and Ors (HK/48/2020) [2024] ZMHC 311 (17 July 2024)

Court

High Court of Zambia

Case number

HK/48/2020

High Court ruling in a trial within a trial on whether five police-related accused persons’ warn and caution statements were voluntary and admissible.

• Admissibility of confessions
• Aggravated robbery
• Trial within a trial
• Voluntariness of statements
• Criminal-law
• Confessions

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Nalikwanda Agro Processing Limited v Khembule Commodities Limited and Anor (2023/HPC/0714)

Nalikwanda Agro Processing Limited v Khembule Commodities Limited and Anor (2023/HPC/0714) [2024] ZMHC 200 (16 July 2024)

Court

High Court of Zambia

Case number

2023/HPC/0714

The High Court granted the defendants a stay of execution pending appeal, finding the appeal had prospects of success and enforcement could cause irreparable harm.

• Stay of execution
• Appeal
• Judgment on admission
• Breach of contract
• Stay-of-execution
• Judgment-on-admission

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Waco Africa (Division of Construction & Industrial Maintenance Services Limited) v Kenson Mitawa (APP NO 2023/HN/IR/38)

Waco Africa (Division of Construction & Industrial Maintenance Services Limited) v Kenson Mitawa (APP NO 2023/HN/IR/38) [2024] ZMHC 319 (15 July 2024)

Court

High Court of Zambia

Case number

APP NO 2023/HN/IR/38

The court found that the obligation to serve the judgment lies with the Registrar, not the parties. Since the Registrar did not notify the parties of the new judgment date after the initial date lapsed, the applicant was unaware of the judgment until served by the respondent. This constituted sufficient cause for the delay, justifying the exercise of discretion to grant the extension.

Source excerpt

• Extension of time
• Appeals
• Service of judgment
• Judicial discretion

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Graduare Property Development Limited v A & J Interiors Limited (Appeal No. 253/2023)

Graduare Property Development Limited v A & J Interiors Limited (Appeal No. 253/2023) [2024] ZMCA 147 (12 July 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 253/2023

The Court of Appeal upheld an order refunding a security deposit under a lease and rejected an attempt to use it against a debt owed by another company.

• Lease agreements
• Security deposit refund
• Corporate personality
• Pleadings and appellate procedure
• Lease-agreements
• Security-deposit

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Sebtrec Zambia Limited and Ors v Development Bank of Zambia Limited (Appeal No. 148 of 2023)

Sebtrec Zambia Limited and Ors v Development Bank of Zambia Limited (Appeal No. 148 of 2023) [2024] ZMCA 145 (11 July 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 148 of 2023

The Court of Appeal dismissed a challenge to damages assessed for wrongful execution, holding the appellants had not proved their claims or framed valid grounds of appeal.

• Mortgage action
• Wrongful execution
• Assessment of damages
• Appeals procedure
• Assessment-of-damages
• Wrongful-execution

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Afrizam Electrical Equipment Limited v Netpower Solutions Limited Limited (Appeal No. 170 of 2023)

Afrizam Electrical Equipment Limited v Netpower Solutions Limited Limited (Appeal No. 170 of 2023) [2024] ZMCA 143 (11 July 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 170 of 2023

The Court of Appeal set aside a High Court judgment for USD 183,017.98, held the claim was not fully proved, and ordered assessment of the disputed balance.

• Burden of proof
• Case management
• Judgment writing
• Adjournment discretion
• Assessment of quantum
• Burden-of-proof

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