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Zambia decisions
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Trace Zita Siisii v Brian Mulenga Malasha (2024/HPF/D232) [2024] ZMHC 274 (14 June 2024)
The High Court of Zambia granted a decree nisi in a divorce petition, finding the marriage had broken down irretrievably after two years apart with consent.
Parkrite Zambia Limited v Lusaka City Council (Appeal No. 234 of 2023) [2024] ZMCA 131 (13 June 2024)
The Appellant failed to demonstrate the existence of fresh evidence that could not have been discovered with reasonable diligence and that would materially affect the decision. The lower court correctly applied the law on review, and the appeal was dismissed as an attempt to obtain a second bite at the cherry, contrary to the principles governing review and commercial case management.
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Proximity Engineering and Mining Limited Paulgil Cheick Enterprises Limited (Appeal No. 170 of 2022) [2024] ZMCA 134 (13 June 2024)
The Court of Appeal dismissed a mining licence appeal, holding the lower court had jurisdiction, properly refused adjournment, and correctly found the appellant failed to prove its case.
Nevers Mumba v Oliver Scott (Appeal No. 139 of 2023) [2024] ZMCA 136 (13 June 2024)
A dismissal for want of prosecution does not operate as res judicata since it is not a determination on the merits. The party awarded costs must pursue taxation within the prescribed period, and failure to do so does not bar the opposing party from recommencing a fresh action. The lower court was correct in allowing the second action to proceed despite non-payment of costs, as the Appellant failed to have the costs taxed.
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Sigma Financial Solutions Limited and Ors v Chongo Kalela Sinyangwe (Appeal No.004/2023) [2024] ZMCA 120 (13 June 2024)
The Zambian court lacked jurisdiction due to the parties' express agreement to exclusive Dubai jurisdiction; no exceptional circumstances justified departing from the clause; the governing law and forum were Dubai, and the procedural defects were curable but not determinative.
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Mansfield Scott Investments Limited v Barclays Banks Zambia Plc (Appeal No. 134/2023) [2024] ZMCA 135 (13 June 2024)
The Court of Appeal of Zambia dismissed an appeal over bank payments from a maize-transaction account, holding the bank was not privy to the contract and was not negligent.
Sigma Financial Solutions Limited and Ors v Chongo Kalela Sinyangwe (Appeal No. 004/2023) [2024] ZMCA 170 (13 June 2024)
The Court of Appeal held that the Zambian court lacked jurisdiction because the contract gave exclusive jurisdiction to Dubai courts and the dispute arose from that agreement.
Muvi Tv Limited v Makandani Banda (APPEAL No. 154 of 2023) [2024] ZMCA 138 (13 June 2024)
The appeal was dismissed because the appellant failed to act with diligence in prosecuting its applications, did not follow up on its own process, and exhibited a lackadaisical approach despite having knowledge of the default judgment. The lower court's dismissal for want of prosecution was justified, and there was no procedural injustice as the appellant had ample opportunity to act but failed to do so.
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Thomas Nyirongo (Suing in his capacity as representative of 59 others) v Kachemu Investment Limited and Anor (Appeal No. 347/ 2023) [2024] ZMCA 130 (13 June 2024)
The Court of Appeal held that purchasers with an interest in land subject to a consent order could be joined after judgment. The refusal of joinder was set aside.
Jimmy Chifita Phiri v Citizens Economic Empowerment Commission (2022/HP/1185) [2024] ZMHC 119 (13 June 2024)
The High Court taxed a bill of costs, allowing costs on a standard basis but disallowing fees for more than one advocate because there was no trial judge certification.
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