Zambia Case Law

Stream Energy Zambia Limited v Erican Transport and Construction Limited (2023/HPC/0626)

Stream Energy Zambia Limited v Erican Transport and Construction Limited (2023/HPC/0626) [2024] ZMHC 251 (28 June 2024)

Court

High Court of Zambia

Case number

2023/HPC/0626

The Defendant failed to provide a complete, transparent, and current disclosure of its financial status, including assets and liabilities, and thus did not demonstrate sufficient cause to justify payment of the judgment debt by instalments. The application was dismissed for want of merit.

Source excerpt

• Judgment debt
• Payment by instalments
• Disclosure of financial status

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Marshlands Consortium Limited and Ors v Felicitus Kabwe Chibamba (Appeal No. 154 of 2021)

Marshlands Consortium Limited and Ors v Felicitus Kabwe Chibamba (Appeal No. 154 of 2021) [2024] ZMCA 158 (28 June 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 154 of 2021

The Appellants did not lawfully acquire 65% shareholding in Ultimate Insurance Company Limited because the share subscription was not authorized by a valid company resolution as required by statute, no cash consideration was provided as required by law, and the Appellants acted in bad faith. The Board of Directors was not lawfully constituted, and all related transactions are void ab initio. The lower court's decision is upheld and the appeal is dismissed.

Source excerpt

• Shareholding disputes
• Company management
• Share subscription
• Breach of contract
• Corporate governance
• Restitution

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ZCCM Investments Holdings Plc v Konkola Copper Mines Plc (In Provisional Liquidation) and Anor (2019/HP/0761)

ZCCM Investments Holdings Plc v Konkola Copper Mines Plc (In Provisional Liquidation) and Anor (2019/HP/0761) [2024] ZMHC 298 (28 June 2024)

Court

High Court of Zambia

Case number

2019/HP/0761

The scheme of arrangement meets all statutory requirements under the Corporate Insolvency Act No 9 of 2017. The classification of creditors into two classes based on amount owed is lawful; the Affected Creditor is not a preferential creditor under Zambian law as its claim does not fall within the statutory definition. Disclosure of related entities' interests was adequate and compliant. There is no absolute right to proof of debts absent evidence of impropriety, and the Affected Creditor was properly excluded from voting for late submission. The overwhelming approval by creditors (over 99%) a…

Source excerpt

• Scheme of arrangement
• Classification of creditors
• Preferential creditors
• Disclosure of interests
• Proof of debts
• Voting rights in insolvency

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Elijah Simbai v The Zambia Institute of Advanced Legal Education Council and Ors (2023/CCZ/0023)

Elijah Simbai v The Zambia Institute of Advanced Legal Education Council and Ors (2023/CCZ/0023) [2024] ZMCC 13 (28 June 2024)

Court

Constitutional Court of Zambia

Case number

2023/CCZ/0023

The Petitioner failed to prove any constitutional breach by the Respondents. Rule 29 of the ZIALE Student Rules is not inconsistent with Article 235 of the Constitution. The Respondents' actions were within their statutory mandate, and alleged discrimination and procedural unfairness either lacked evidential support or were not justiciable before the Constitutional Court. Claims regarding delay, discrimination, and interference with judicial process did not raise constitutional issues within the Court's jurisdiction.

Source excerpt

• Due process
• Discrimination
• Natural justice
• Jurisdiction
• Statutory interpretation

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Matthew Ndhlovu v ZESCO Limited (2023/HP/0744)

Matthew Ndhlovu v ZESCO Limited (2023/HP/0744) [2024] ZMHC 314 (27 June 2024)

Court

High Court of Zambia

Case number

2023/HP/0744

The Plaintiff's action is not statute barred because the six-year limitation period under the Limitation Act, as preserved by section 127 of the Employment Code Act, is more favourable than the thirty-day period in section 52(6). Therefore, the Plaintiff's claim is properly before the court and the application to dismiss on a point of law is without merit.

Source excerpt

• Jurisdiction
• Limitation of actions
• Unlawful termination
• Discrimination
• Employment contracts

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David Mubanga and Ors v Infinity Mining Limited (2023/HPC/0103)

David Mubanga and Ors v Infinity Mining Limited (2023/HPC/0103) [2024] ZMHC 223 (27 June 2024)

Court

High Court of Zambia

Case number

2023/HPC/0103

Minority shareholders succeeded in part: the court ordered company accounts and reports, but rejected alleged oral allowance claims for lack of proof.

• Shareholders' rights
• Corporate governance
• Dividends
• Meetings
• Forensic audit
• Minority shareholder protection

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Silk Bridges LLP v Zebesha Mining Limited (2024/HPC/ARB.0181)

Silk Bridges LLP v Zebesha Mining Limited (2024/HPC/ARB.0181) [2024] ZMHC 216 (27 June 2024)

Court

High Court of Zambia

Case number

2024/HPC/ARB.0181

The High Court has no jurisdiction to entertain an application to pay an arbitral award in instalments; the application is misconceived and must be dismissed.

Source excerpt

• Enforcement of arbitral awards
• Jurisdiction of high court
• Payment of judgment debts in instalments

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Lubambe Copper Mine Limited v Hambani Ngwenya and Anor (Appeal No. 91/2023)

Lubambe Copper Mine Limited v Hambani Ngwenya and Anor (Appeal No. 91/2023) [2024] ZMCA 128 (27 June 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 91/2023

The Court of Appeal of Zambia set aside an arbitral award in an employment discrimination dispute, holding the tribunal exceeded its jurisdiction and the matter was not arbitrable.

• Arbitrability of disputes
• Discrimination in employment
• Scope of arbitral authority
• Public policy and arbitration
• Arbitration
• Employment-discrimination

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Ronald Kaoma Chitotela and Ors v Miles Bwalya Sampa and Ors (2023/CCZ/0028)

Ronald Kaoma Chitotela and Ors v Miles Bwalya Sampa and Ors (2023/CCZ/0028) [2024] ZMCC 12 (27 June 2024)

Court

Constitutional Court of Zambia

Case number

2023/CCZ/0028

The Petition did not disclose any constitutional issue for determination as it merely alleged violation of Article 60(2) in a blanket manner without specifying the nature of the violation. The Constitutional Court's jurisdiction does not extend to interpretation or enforcement of political party constitutions. The Petition was therefore improperly before the Court and dismissed for want of jurisdiction.

Source excerpt

• Jurisdiction of constitutional court
• Interpretation of constitution
• Political party internal disputes
• Forum shopping
• Abuse of process

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Raphael Mvula and 351 Ors v Torress Advanced Enterprises Solutions (COMP/IRC/LK/470/2021)

Raphael Mvula and 351 Ors v Torress Advanced Enterprises Solutions (COMP/IRC/LK/470/2021) [2024] ZMHC 307 (27 June 2024)

Court

High Court of Zambia

Case number

COMP/IRC/LK/470/2021

The court held that most complainants were on oral permanent contracts, were declared redundant, and were entitled to redundancy benefits, damages, and payroll retention.

• Redundancy
• Oral vs written contracts
• Procedural fairness in termination
• Redundancy benefits
• Burden of proof
• Payroll retention under constitution

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