Zambia Case Law

Bridget Mtonga (Suing as Administrator for the late Ellen Banda) v Zambia Wildlife Authority (ZAWA) (APPEAL NO. 171/2022)

Bridget Mtonga (Suing as Administrator for the late Ellen Banda) v Zambia Wildlife Authority (ZAWA) (APPEAL NO. 171/2022) [2024] ZMCA 245 (21 June 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 171/2022

The Court of Appeal upheld a K20,000 award for loss of expectation of life and dismissed a dependency claim for lack of evidence in a fatal elephant attack case.

• Negligence
• Loss of expectation of life
• Dependency claims
• Assessment of damages
• Damages
• Loss-of-expectation-of-life

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Leviticus Tembo v The People (Appeal No.140/2022)

Leviticus Tembo v The People (Appeal No.140/2022) [2024] ZMCA 154 (21 June 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No.140/2022

The Court of Appeal dismissed a murder appeal, holding that provocation was unavailable because the alleged provocative statements were not made by the deceased.

• Murder
• Provocation
• Extenuating circumstances
• Appeals
• Criminal-law
• Extenuating-circumstances

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Mahmood Patel v Vankey Estate Company Limited (2020/HP/1335)

Mahmood Patel v Vankey Estate Company Limited (2020/HP/1335) [2024] ZMHC 133 (21 June 2024)

Court

High Court of Zambia

Case number

2020/HP/1335

The High Court has no jurisdiction to adjudicate on the merits of disputes concerning re-entry by the Commissioner of Lands under section 13(3) of the Lands Act, but retains equitable jurisdiction to refer such matters to the Lands Tribunal rather than dismissing them outright, in order to avoid procedural injustice and protect parties' rights.

Source excerpt

• Jurisdiction
• Re-entry by commissioner of lands
• Transfer of proceedings
• Equitable relief
• Joinder of parties

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Godfrey Shamanena v Anti-Corruption Commission (2024/HPEF/003)

Godfrey Shamanena v Anti-Corruption Commission (2024/HPEF/003) [2024] ZMHC 116 (21 June 2024)

Court

High Court of Zambia

Case number

2024/HPEF/003

The failure by the Respondent to serve the fresh Restriction Notice on the Applicant rendered it null and void ab initio. However, the Warrant of Seizure was lawfully issued and not an abuse of power, as it is a distinct investigative tool permissible under the Anti-Corruption Act. The Respondent has statutory authority to investigate and prosecute offences under the Property Transfer Tax Act if discovered during the course of an investigation.

Source excerpt

• Restriction notices
• Warrant of seizure
• Jurisdiction of investigative agencies
• Property transfer tax
• Due process

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Gift Ng'ambi and Mike Sikazwe v The People (Appeal No. 45A, 45B/2023)

Gift Ng'ambi and Mike Sikazwe v The People (Appeal No. 45A, 45B/2023) [2024] ZMCA 253 (21 June 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 45A, 45B/2023

Court of Appeal quashed a murder conviction arising from mob justice, substituted manslaughter, and imposed five years’ imprisonment.

• Murder
• Manslaughter
• Mob justice
• Confession evidence
• Common purpose
• Mob-justice

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Julius Munyinda v Ackson Kasapatu and Ors (APPEAL/138/2023)

Julius Munyinda v Ackson Kasapatu and Ors (APPEAL/138/2023) [2024] ZMCA 150 (21 June 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL/138/2023

The Court of Appeal held that leave was mandatory before contempt proceedings could be heard in the High Court, allowed the appeal, and remitted the leave application.

• Leave to commence committal proceedings
• Jurisdiction
• Costs
• Contempt-of-court
• Leave-to-commence-proceedings
• Civil-procedure

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Gabriel Nzila and Anor v Wamunyima Mwiiya Kamikoka (2022/HP/0960)

Gabriel Nzila and Anor v Wamunyima Mwiiya Kamikoka (2022/HP/0960) [2024] ZMHC 117 (21 June 2024)

Court

High Court of Zambia

Case number

2022/HP/0960

The High Court held that defects in the writ were curable by amendment, dismissed the 2nd defendant’s application, and granted an interim injunction over disputed estate property.

• Irregularity in writ of summons
• Representative capacity
• Interim injunction
• Fraudulent transfer of property
• Locus standi
• Interim-injunction

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Margret Phiri v Richard Mbasela (2021/HP/ A025)

Margret Phiri v Richard Mbasela (2021/HP/ A025) [2024] ZMHC 127 (21 June 2024)

Court

High Court of Zambia

Case number

2021/HP/ A025

High Court appeal over a land boundary dispute dismissed. The court upheld the finding that the disputed one-metre strip was not part of the appellant’s purchase.

• Appeals
• Burden of proof
• Fraudulent judgment allegations
• Land boundary disputes
• Land-boundary-disputes
• Civil-appeals

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Pumulo Simasiku v The People (APPEAL No . 181/2022)

Pumulo Simasiku v The People (APPEAL No . 181/2022) [2024] ZMCA 151 (21 June 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL No . 181/2022

The trial judge's finding that the appellant stabbed the deceased was supported by evidence, establishing malice aforethought under Section 204(a) of the Penal Code. There was no evidence to support the defences of provocation or self-defence, and thus the conviction and sentence were upheld.

Source excerpt

• Murder
• Malice aforethought
• Self-defence
• Provocation
• Extenuating circumstances

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Queens Cash Finance Limited v Krestah Hanongo Muchindu Kanene (APPEAL NO. 145/2022)

Queens Cash Finance Limited v Krestah Hanongo Muchindu Kanene (APPEAL NO. 145/2022) [2024] ZMCA 153 (21 June 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 145/2022

The trial judge made a mathematical error in calculating the total payments made by the respondent, resulting in the erroneous finding that the loan was overpaid. The correct sum paid was K121,000 against a loan of K150,000, leaving a balance of K29,000. The respondent remains indebted to the appellant for this amount.

Source excerpt

• Loan agreements
• Forward purchase agreements
• Title deeds
• Specific performance
• Counterclaims

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