Zambia Case Law

Mangaliso Godwell Nkunika (Suing as General Secretary of the Zambia and Taxi Workers Union) v Capital Buses (Appeal No. 143/2022)

Mangaliso Godwell Nkunika (Suing as General Secretary of the Zambia and Taxi Workers Union) v Capital Buses (Appeal No. 143/2022) [2024] ZMCA 250 (27 June 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 143/2022

The respondent was entitled to act on a composite notice of withdrawal from union deductions, but was required by law to inform employees that deductions would cease only after three months. The lower court erred in not applying this requirement. The closure of the case without hearing the respondent's witnesses was not a procedural error as the respondent had been given an opportunity to present their case.

Source excerpt

• Trade union membership
• Collective agreements
• Freedom of association
• Employee rights
• Procedural fairness

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Ng'andu Consulting Limited v Nancy Namutenda (Appeal No. 140 of 2022)

Ng'andu Consulting Limited v Nancy Namutenda (Appeal No. 140 of 2022) [2024] ZMCA 157 (26 June 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 140 of 2022

The Court of Appeal upheld an award for terminal benefits, finding the appellant bound by a signed payment plan for K505,163.55 and dismissing the appeal.

• Terminal benefits
• Employment contract
• Estoppel
• Enforcement of settlement agreements
• Salary arrears
• Leave days

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Loanco Limited v Raymond West Evans (APP/ 408/ 2023)

Loanco Limited v Raymond West Evans (APP/ 408/ 2023) [2024] ZMCA 142 (26 June 2024)

Court

Court of Appeal of Zambia

Case number

APP/ 408/ 2023

The High Court Judge irregularly reviewed her earlier ruling outside the prescribed period and without a formal application, contrary to Order 39 of the High Court Rules, thereby denying the Appellant the right to call witnesses as previously ordered.

Source excerpt

• Review of court rulings
• Filing of witness statements
• Right to be heard

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African Banking Corporation Zambia Ltd v Copper Harvest Food Limited and Ors (APPEAL NO. 216/2023)

African Banking Corporation Zambia Ltd v Copper Harvest Food Limited and Ors (APPEAL NO. 216/2023) [2024] ZMCA 132 (26 June 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 216/2023

Court of Appeal held that failure to serve a letter of demand on the 3rd respondent justified dismissal against that respondent only, not the entire action.

• Originating process
• Service of process
• Letters of demand
• Group company liability
• Curable defects
• Dismissal of actions

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Dominic Chanda v Danny Yenga (2023/HP/ 1616)

Dominic Chanda v Danny Yenga (2023/HP/ 1616) [2024] ZMHC 130 (25 June 2024)

Court

High Court of Zambia

Case number

2023/HP/ 1616

The High Court has no jurisdiction to set aside an order granted by a judge of equal jurisdiction. Any challenge to such an order must be made to the Court of Appeal. The Plaintiff failed to demonstrate sufficient cause to set aside the order for further and better particulars.

Source excerpt

• Jurisdiction
• Interlocutory applications
• Setting aside orders
• Inherent jurisdiction

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Mary Nalwimba and Anor v Mansa Sugar Ltd (2024/HP/0037)

Mary Nalwimba and Anor v Mansa Sugar Ltd (2024/HP/0037) [2024] ZMHC 122 (25 June 2024)

Court

High Court of Zambia

Case number

2024/HP/0037

Default judgment cannot be entered for special damages without strict proof and establishment of liability, even if the defendant fails to appear or defend; the amount claimed must be proved and liability established at trial.

Source excerpt

• Default judgment
• Special damages
• Proof of damages

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Likili Motorways Limited v Jesphter Musonda and Anor (2023/HN/249)

Likili Motorways Limited v Jesphter Musonda and Anor (2023/HN/249) [2024] ZMHC 302 (25 June 2024)

Court

High Court of Zambia

Case number

2023/HN/249

High Court of Zambia judgment in a matter between Likili Motorways Limited and Jesphter Musonda and another. The supplied record does not include the substantive issues or orders.

• Legal-procedure

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Moses Sakala v Attorney General and Ors (2023/CCZ/0025)

Moses Sakala v Attorney General and Ors (2023/CCZ/0025) [2024] ZMCC 10 (25 June 2024)

Court

Constitutional Court of Zambia

Case number

2023/CCZ/0025

The Court held that Article 74(2) of the Constitution is clear and unambiguous: only the opposition party with the largest number of seats in the National Assembly can elect the leader of the opposition, and the manner of election is an internal party affair. The Speaker's role is limited to receiving written communication of the elected leader. The petitioner failed to provide evidence of exclusion or breach of internal democracy. There was no constitutional or statutory breach by the respondents.

Source excerpt

• Interpretation of constitution
• Internal party democracy
• Role of speaker
• Election of leader of opposition

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Katongo Kalikeka v Akende Mulemwa (2024/HPF/D366)

Katongo Kalikeka v Akende Mulemwa (2024/HPF/D366) [2024] ZMHC 271 (24 June 2024)

Court

High Court of Zambia

Case number

2024/HPF/D366

The High Court of Zambia granted a decree nisi in an undefended divorce after finding the marriage had irretrievably broken down through over two years’ separation with consent.

• Divorce
• Custody
• Child maintenance
• Child-custody
• Child-maintenance
• Family-law

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Ronald Zulu v Boniface Mwanza and Anor (2024/HP/0026)

Ronald Zulu v Boniface Mwanza and Anor (2024/HP/0026) [2024] ZMHC 120 (24 June 2024)

Court

High Court of Zambia

Case number

2024/HP/0026

The High Court dismissed an application for interim injunction over land at Lot 13068, Lilayi, finding no serious issue to be tried and non-disclosure of material facts.

• Interim injunctions
• Fraud
• Misrepresentation
• Land ownership
• Disclosure obligations
• Interim-injunctions

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