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Zambia Case Law

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Criminal law [2024] ZMCA 152

Christopher Mpanza v The People (Appeal No. 149/2022)

Christopher Mpanza v The People (Appeal No. 149/2022) [2024] ZMCA 152 (21 June 2024)

The Court of Appeal dismissed Christopher Mpanza’s appeal against a murder conviction, holding that recognition evidence and blood on his trousers supported guilt.

  • Murder
  • Identification evidence
  • Corroboration
  • Circumstantial evidence
  • Appeals
  • Identification-evidence
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Civil procedure [2024] ZMCA 249

DCS Holdings Limited v Catwalk Boutique and Beauty Salon Limited (APPEAL NO. 144/2023)

DCS Holdings Limited v Catwalk Boutique and Beauty Salon Limited (APPEAL NO. 144/2023) [2024] ZMCA 249 (20 June 2024)

The Court of Appeal held that the lower court lacked jurisdiction after finding the matter was wrongly commenced, and awarded costs to the appellant.

  • Costs
  • Jurisdiction
  • Mode of commencement
  • Tenancy
  • Dismissal for want of prosecution
  • Civil-procedure
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Banking law [2024] ZMCA 149

Urvesh Jasvantal Desai v Pan African Building Society (In Liquidation ) (APPEAL NO. 295/2022)

Urvesh Jasvantal Desai v Pan African Building Society (In Liquidation ) (APPEAL NO. 295/2022) [2024] ZMCA 149 (20 June 2024)

The appellant's claim was improperly before the court as all claims against a company in liquidation must be pursued in accordance with the procedures set out in the Banking and Financial Services Act No. 7 of 2017, specifically by objection to the liquidation schedule. The use of 'may' in the statute does not exempt claimants who wish to dispute the schedule from following the prescribed process. The award of costs against the appellant was set aside as there was no evidence of unreasonable or vexatious conduct.

  • Compulsory liquidation
  • Employment termination
  • Liquidation procedure
  • Creditor claims
  • Industrial relations
  • Costs in industrial court
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Civil procedure [2024] ZMCA 252

Anne Mutale v Eqstra Zambia Limited and Ors (APPEAL No. 54/2023)

Anne Mutale v Eqstra Zambia Limited and Ors (APPEAL No. 54/2023) [2024] ZMCA 252 (20 June 2024)

The appeal was dismissed because interpleader proceedings are confined to determining ownership of seized goods, not the lawfulness of the execution process. The Appellant failed to prove ownership on a balance of probabilities, and the lower court's factual findings were not erroneous or perverse.

  • Interpleader proceedings
  • Ownership of seized property
  • Forcible entry during execution
  • Burden of proof in interpleader
  • Appellate review of factual findings
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Property law [2024] ZMCA 148

William Manjowe v Thomas Mwezanise and Ors (APPEAL NO. 144/2022)

William Manjowe v Thomas Mwezanise and Ors (APPEAL NO. 144/2022) [2024] ZMCA 148 (20 June 2024)

The appellate court found that the trial judge erred by relying solely on expert evidence without independent analysis, but other undisputed evidence, including payment of ground rent and the balance of purchase price, supported the 1st Respondent's claim of ownership. The 1st Respondent proved he purchased the land from the Appellant and is the lawful owner.

  • Land ownership
  • Sale of land
  • Signature authentication
  • Expert evidence
  • Trespass
  • Damages
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Civil procedure [2024] ZMHC 222

The Cargo Hotel Limited (T/A Cargo 88 Hotel) v Dacapo Coffee Bar & Lounge Limited (T/A Dacapo's) (2024/HPC/0353)

The Cargo Hotel Limited (T/A Cargo 88 Hotel) v Dacapo Coffee Bar & Lounge Limited (T/A Dacapo's) (2024/HPC/0353) [2024] ZMHC 222 (20 June 2024)

The High Court refused an interim injunction sought to stop an alleged nuisance from a neighbouring business, finding damages were an adequate remedy.

  • Interlocutory injunctions
  • Public nuisance
  • Noise pollution
  • Lease agreements
  • Privity of contract
  • Interlocutory-injunctions
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Civil procedure [2024] ZMCA 156

Monde Mabuku Nyambe and Anor v Carlo Peter Testi and Anor (APPEAL No. 121/2022)

Monde Mabuku Nyambe and Anor v Carlo Peter Testi and Anor (APPEAL No. 121/2022) [2024] ZMCA 156 (19 June 2024)

The Court of Appeal set aside a default judgment in a land sale dispute, holding the claim should have proceeded to trial as if a defence had been filed.

  • Default judgment
  • Rescission of contract
  • Setting aside judgment
  • Land sale dispute
  • Procedural irregularity
  • Default-judgment
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Civil procedure [2024] ZMCA 139

Youjun Zhuang and Ors v Bumu General Trading FZE (APPEAL NO. 223/2021)

Youjun Zhuang and Ors v Bumu General Trading FZE (APPEAL NO. 223/2021) [2024] ZMCA 139 (19 June 2024)

The respondent, not being a party to the consent judgment, lacked locus standi to challenge it without first seeking joinder. The lower court erred in finding fraud or irregularity in the allocation of cause numbers without evidence, and in proceeding to trial without hearing the appellants' preliminary objections, thereby denying them the right to be heard.

  • Consent judgments
  • Business rescue proceedings
  • Joinder of parties
  • Fraudulent proceedings
  • Jurisdiction of high court
  • Setting aside orders
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Civil procedure [2024] ZMCA 248

Edwin Mwewa Chikonde v The Attorney General (APPEAL No. 149/2023)

Edwin Mwewa Chikonde v The Attorney General (APPEAL No. 149/2023) [2024] ZMCA 248 (19 June 2024)

The Court of Appeal set aside a High Court order dismissing a civil claim without hearing the parties or giving reasons, and remitted the matter.

  • Striking out pleadings
  • Right to fair hearing
  • Judicial discretion
  • Negligence by police
  • Breach of statutory duty
  • Striking-out-pleadings
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Civil procedure [2024] ZMCA 137

Christopher Mwiinga (Suing as Administrator of the Estate of Isaac Nkhoma) v Dana Holdings Limited and Anor (APPEAL No. 139/2023)

Christopher Mwiinga (Suing as Administrator of the Estate of Isaac Nkhoma) v Dana Holdings Limited and Anor (APPEAL No. 139/2023) [2024] ZMCA 137 (19 June 2024)

The Court of Appeal held that dismissal for want of prosecution does not bar a fresh action, and that unpaid costs from the earlier matter could not stop the new claim.

  • Res judicata
  • Costs
  • Dismissal for want of prosecution
  • Stay of proceedings
  • Civil-procedure
  • Res-judicata
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Zambia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.