Zambia Case Law

Sean Tembo (Suing in his capacity as the President of the Patriots for Economic Progress) v Attorney General (2023/CCZ/009)

Sean Tembo (Suing in his capacity as the President of the Patriots for Economic Progress) v Attorney General (2023/CCZ/009) [2024] ZMCC 16 (10 July 2024)

Court

Constitutional Court of Zambia

Case number

2023/CCZ/009

The petitioner failed to adduce cogent evidence to prove that President Hakainde Hichilema's remarks or appointments contravened Articles 8(b), 8(d), 91(3)(c), 92(1), or 259(2) of the Constitution. The allegations were speculative, unsubstantiated, and not supported by factual evidence. The constitutional requirements for appointments were not shown to have been violated.

Source excerpt

• National values and principles
• Presidential appointments
• Regionalism and tribalism
• Equality and non-discrimination

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Cosmas Mulenga v Bright Jangazya (2023/HP/1638)

Cosmas Mulenga v Bright Jangazya (2023/HP/1638) [2024] ZMHC 137 (10 July 2024)

Court

High Court of Zambia

Case number

2023/HP/1638

The High Court dismissed an unopposed application for interim injunction over disputed sale contracts, holding the matter was improperly before it and discharging the ex parte order.

• Interim injunctions
• Rescission of contract
• Sale of land
• Arbitration clauses
• Interim-injunctions
• Sale-of-land

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Michelo Chizombe v Edgar Chagwa Lungu and Ors (2023/CCZ/0021)

Michelo Chizombe v Edgar Chagwa Lungu and Ors (2023/CCZ/0021) [2024] ZMCC 14 (9 July 2024)

Court

Constitutional Court of Zambia

Case number

2023/CCZ/0021

The issues raised in the notice of motion are not suitable for summary determination as preliminary issues under Order 14A, as they are highly contested and mirror the substantive issues in the petition. The matter should proceed to trial for determination on the merits.

Source excerpt

• Presidential eligibility
• Res judicata
• Functus officio
• Jurisdiction
• Interpretation of constitutional amendments
• Election petitions

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Milingo Lungu v The Attorney General and Anor (2022/ CCZ/006)

Milingo Lungu v The Attorney General and Anor (2022/ CCZ/006) [2024] ZMCC 15 (8 July 2024)

Court

Constitutional Court of Zambia

Case number

2022/ CCZ/006

The court granted the application for discontinuance as the petitioner had complied with the procedural requirements and the parties did not oppose the discontinuance. The court declined to award costs against the petitioner, holding that costs for interlocutory applications had already been determined, the petition raised constitutional issues, and promoting alternative dispute resolution was in the public interest. Each party was ordered to bear its own costs.

Source excerpt

• Discontinuance of proceedings
• Costs in constitutional litigation
• Alternative dispute resolution

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Inde Credit Company Limited v Broderick Investments Limited and Ors (2023/HPC/0687)

Inde Credit Company Limited v Broderick Investments Limited and Ors (2023/HPC/0687) [2024] ZMHC 201 (6 July 2024)

Court

High Court of Zambia

Case number

2023/HPC/0687

The High Court dismissed a judgment-on-admission application, holding that the emails and pleadings did not clearly and unequivocally admit the claimed debt.

• Judgment on admission
• Loan agreements
• Order financing facility
• Personal guarantee
• Breach of contract
• Judgment-on-admission

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Ultra Energies Zambia Limited v Anthony Kabuswe Mubanga and Ors (2024/HPC/0329)

Ultra Energies Zambia Limited v Anthony Kabuswe Mubanga and Ors (2024/HPC/0329) [2024] ZMHC 221 (5 July 2024)

Court

High Court of Zambia

Case number

2024/HPC/0329

The High Court of Zambia struck out the 1st and 2nd defendants for misjoinder, holding the contract was with the 3rd defendant company alone.

• Misjoinder
• Separate legal personality
• Striking out parties
• Separate-legal-personality
• Striking-out-parties
• Company-law

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African Inlanda Container Depot Zambia Limited v Cobham Capital Limited (2022/HPC/0698)

African Inlanda Container Depot Zambia Limited v Cobham Capital Limited (2022/HPC/0698) [2024] ZMHC 172 (5 July 2024)

Court

High Court of Zambia

Case number

2022/HPC/0698

The arbitral award was set aside solely on the ground that it violated public policy by making findings of fact on passage of title and bailor/bailee relationships involving third parties (Trans Africa Mining Sarlu and Luowoshi Mining Limited) who were not parties to the arbitration agreement nor before the tribunal, contrary to the rules of natural justice.

Source excerpt

• Setting aside arbitral award
• Fraudulent misrepresentation
• Mistake
• Jurisdiction
• Public policy
• Bailment

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Michael Kunda v Zambian Lotto Limited (APPEAL No. 95 of 2023)

Michael Kunda v Zambian Lotto Limited (APPEAL No. 95 of 2023) [2024] ZMCA 146 (4 July 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 95 of 2023

The appeal was dismissed because the appellant failed to prove, on a balance of probabilities, that he had entered the winning numbers into the draw and received a valid ticket (confirmation message). The court held that receipt of the third confirmation message was a condition precedent and an integral part of the contract, without which no valid entry or enforceable contract existed. Payment alone did not complete the transaction, and the appellant's evidence was insufficient to substantiate his claim.

Source excerpt

• Formation of contract
• Online transactions
• Lottery rules
• Proof of contractual relationship

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Herpworth Suppliers Limited v Innovative Material Systems Division of Liquid Waste Technology LLC (Appeal No. 178 of 2023)

Herpworth Suppliers Limited v Innovative Material Systems Division of Liquid Waste Technology LLC (Appeal No. 178 of 2023) [2024] ZMCA 144 (4 July 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 178 of 2023

The appeal was dismissed because the directors of the appellant company acted with intent to defraud creditors by dissipating company assets and failing to pay the judgment debt, justifying the lifting of the corporate veil and imposition of personal liability under section 175(1) of the Corporate Insolvency Act. The lower court's findings were supported by evidence, and the directors' conduct amounted to improper use of the corporate structure. However, the charging order was set aside as not applicable under the circumstances.

Source excerpt

• Piercing corporate veil
• Director liability
• Charging orders
• Constructive trust
• Fiduciary duty
• Tracing orders

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Lumwana Mining Company Ltd v Henry Nyambe and 9 Ors (Appeal No. 165/2022)

Lumwana Mining Company Ltd v Henry Nyambe and 9 Ors (Appeal No. 165/2022) [2024] ZMCA 246 (4 July 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 165/2022

The appellant failed to comply with the mandatory statutory and contractual requirement to consult with the respondents prior to redundancy. This breach rendered the termination wrongful, unfair, and unlawful. While damages beyond the notice period were justified due to the lack of consultation and breach of fair procedure, the award of 12 months' salary was excessive and reduced to three months' salary.

Source excerpt

• Redundancy
• Wrongful termination
• Damages
• Employment contracts
• Natural justice

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