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Zambia decisions
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People v Evans Simwinga (3D/14/2024) [2024] ZMSUB 12 (19 June 2024)
The court convicted Evans Simwinga of assault occasioning actual bodily harm after finding he intentionally caused burns by kicking a pot of hot water.
Zesco Limited v Sellinah Mafika and Ors (APPEAL NO. 148 OF 2022) [2024] ZMCA 155 (19 June 2024)
The Court of Appeal found that the trial judge properly evaluated the evidence, including both lay and expert testimony, and was entitled to prefer the factual account of the eyewitness (PW2) corroborated by documentary and expert evidence. The appellant failed to demonstrate that the trial court's findings were perverse or unsupported by evidence. The appeal did not meet the threshold for appellate interference with findings of fact. The trial court's finding of negligence against the appellant was upheld.
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Chillerton Group Limited v Konkola Mineral Resources Limited and Anor (APPEAL No. 215/2023) [2024] ZMCA 165 (19 June 2024)
The Court of Appeal held that the High Court had jurisdiction over a surface-rights trespass claim, and dismissed the mining company’s interlocutory appeal.
African Banking Corporation Zambia Limited T/A Atlas Mara v The Inspector General of Police and Ors (APPEAL NO. 177 /2023) [2024] ZMCA 133 (19 June 2024)
Order 53 Rule 9(1) RSC does not provide for formal joinder of an interested party to judicial review proceedings but empowers the court to hear any proper person in opposition if sufficient interest is shown. The interested party, as the complainant whose report triggered the impugned administrative action, has sufficient interest to be heard, but should not be formally joined as a party. The lower court's ruling is upheld to the extent that the interested party may be heard, but the formal joinder is set aside.
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Innocent Kahyata v Zesco Limited (APPEAL No. 151/2022) [2024] ZMSC 16 (19 June 2024)
The Court of Appeal held that ZESCO did not breach the electricity supply contract, finding that connection within one year and some weeks was reasonable.
Buchisa Mwalongo v Cavendish University Zambia Limited (COMP/ORCLK/724/2023) [2024] ZMHC 173 (18 June 2024)
The High Court upheld leave to file an unfair dismissal complaint out of time, holding there was no time limit for the extension application and no need for an inter partes hearing.
Harrison Lupasa and Anor v Reuben Mumena (Sued in his capacity as Secretary General Of Consolidated Miners and Allied Workers Union Of Zambia (CMAWUZ) (2024/HP/0623) [2024] ZMHC 121 (18 June 2024)
The High Court refused an interim injunction in a union dispute, finding the plaintiffs had not shown irreparable harm and that the suspension had already occurred.
Yangts Jian Enterprises Limited (In Receivership) and Anor v Society House Development Company (2021/HPC/0553) [2024] ZMHC 304 (18 June 2024)
Commercial construction dispute over retention money, final claims, forged guarantees, and subcontractor payments. The court dismissed the plaintiffs’ claims and largely upheld Society House’s counterclaim.
Sean Tembo (Suing in his capacity as the President of the Patriots for Economic Progress) v The Attorney General (2023/CCZ/0016) [2024] ZMCC 11 (17 June 2024)
The petitioner failed to adduce cogent evidence that the President's foreign trips violated Articles 173 or 198 of the Constitution. Allegations were speculative, unsupported by proof of imprudence, inefficiency, or neglect of other sectors. Budgetary allocation and legislative oversight were observed. Courts cannot fill evidentiary gaps or take judicial notice of disputed facts. No constitutional contravention was established.
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ABSA Bank Zambia Plc v Liamba Mwabafu Libakeni (2024/HPC/0338) [2024] ZMHC 209 (14 June 2024)
The High Court granted ABSA Bank Zambia judgment for the outstanding mortgage debt and allowed enforcement remedies over the mortgaged Lusaka property if payment was not made.
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