Zambia Case Law

Buchisa Mwalongo v Cavendish University Zambia Limited (COMP/IRCLK/724/2023)

Buchisa Mwalongo v Cavendish University Zambia Limited (COMP/IRCLK/724/2023) [2024] ZMHC 179 (13 June 2024)

Court

High Court of Zambia

Case number

COMP/IRCLK/724/2023

The appeal is dismissed because Section 85(3) of the Act does not require inter-parte hearing for applications for leave to file complaints out of time, nor does it impose a time limit for such applications. The Registrar exercised discretion judiciously in granting the extension, as the reasons advanced by the complainant existed before the expiry of the mandatory period and were satisfactory.

Source excerpt

• Extension of time to file complaint
• Ex-parte applications
• Unfair dismissal
• Procedural fairness

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Mbinji Mbinji v The People (APPEAL NO.40/2022)

Mbinji Mbinji v The People (APPEAL NO.40/2022) [2024] ZMSC 17 (11 June 2024)

Court

Supreme Court of Zambia

Case number

APPEAL NO.40/2022

The conviction was unsafe because the prosecution failed to rule out the possibility of accidental fire and the circumstantial evidence did not exclude other reasonable inferences; thus, guilt was not established beyond reasonable doubt.

Source excerpt

• Murder
• Arson
• Circumstantial evidence
• Voice identification
• Suspect witnesses
• Malice aforethought

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Sydney Mwansa v Director of Public Prosecutions (Appeal No. 276/2021)

Sydney Mwansa v Director of Public Prosecutions (Appeal No. 276/2021) [2024] ZMCA 118 (11 June 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 276/2021

The Court of Appeal set aside a non-conviction-based forfeiture order for land in New Kasama, finding notice defects and insufficient evidence linking the property to crime.

• Non-conviction-based forfeiture
• Proceeds of crime
• Burden of proof
• Notice requirements
• Tainted property
• Asset-forfeiture

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Nathan Mbaya and Ors v Director of Public Prosecutions (Appeal No. 123/2022)

Nathan Mbaya and Ors v Director of Public Prosecutions (Appeal No. 123/2022) [2024] ZMCA 127 (11 June 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 123/2022

The Court of Appeal set aside a civil forfeiture order, holding that the State failed to link the seized money to any offence and improperly relied on warn-and-caution statements.

• Non-conviction based asset forfeiture
• Admissibility of evidence
• Jurisdiction
• Standard of proof
• Money laundering
• Illicit proceeds

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Dickson Shamboko and Anor v The People (APPEAL NO.21/2023; APPEAL NO.22/2023)

Dickson Shamboko and Anor v The People (APPEAL NO.21/2023; APPEAL NO.22/2023) [2024] ZMSC 14 (11 June 2024)

Court

Supreme Court of Zambia

Case number

APPEAL NO.21/2023 ; APPEAL NO.22/2023

The evidence of the 1st appellant's recent possession of the deceased's phone and his confession statement, both properly admitted, proved beyond reasonable doubt his participation in the robbery and murder. The trial court did not shift the burden of proof but properly assessed the credibility of the voluntariness challenge.

Source excerpt

• Murder
• Aggravated robbery
• Confession evidence
• Doctrine of recent possession
• Burden of proof

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Gladson Moono v The People (S.C.Z APPEAL No. 55/2022)

Gladson Moono v The People (S.C.Z APPEAL No. 55/2022) [2024] ZMSC 15 (11 June 2024)

Court

Supreme Court of Zambia

Case number

S.C.Z APPEAL No. 55/2022

The confession was made to persons not in authority, with no evidence of coercion or unfairness, and is therefore admissible. The trial judge was correct in relying on it. The absence of a postmortem report was not fatal as the cause of death was established by other evidence. The appeal lacks merit and is dismissed.

Source excerpt

• Confession evidence
• Voluntariness of confession
• Murder
• Admissibility of evidence

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Ethel Brome and Ors v Fredrick Chituta (2022/HP/1213)

Ethel Brome and Ors v Fredrick Chituta (2022/HP/1213) [2024] ZMHC 124 (11 June 2024)

Court

High Court of Zambia

Case number

2022/HP/1213

The High Court held that part of the defendant’s counterclaim was statute barred, but allowed the remaining claim to proceed. It also dismissed consolidation of two causes.

• Consolidation of actions
• Limitation of actions
• Breach of contract
• Counterclaim
• Multiplicity of proceedings
• Consolidation-of-actions

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Anna Anthony Mross v BHM Enterprises Limited (Appeal No. 58/2023)

Anna Anthony Mross v BHM Enterprises Limited (Appeal No. 58/2023) [2024] ZMCA 116 (11 June 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 58/2023

Zambia Court of Appeal allowed an appeal over proof of special damages and contributory negligence, reducing liability to 70% for the appellant and 30% for the respondent.

• Negligence
• Special damages
• Contributory negligence
• Apportionment of liability
• Special-damages
• Contributory-negligence

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Elly Kakusulo v Pros on Cash Trading Limited and Anor (2018/HP/1795)

Elly Kakusulo v Pros on Cash Trading Limited and Anor (2018/HP/1795) [2024] ZMHC 125 (10 June 2024)

Court

High Court of Zambia

Case number

2018/HP/1795

The High Court ordered rectification of the land register and directed the 1st respondent to surrender a certificate of title after the applicant paid the judgment debt in full.

• Rectification of land register
• Release of certificate of title
• Enforcement of judgment
• Rectification-of-land-register
• Certificate-of-title
• Enforcement-of-judgment

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Stephen Mwape v The People (APPEAL No. 473/2013)

Stephen Mwape v The People (APPEAL No. 473/2013) [2024] ZMSC 23 (10 June 2024)

Court

Supreme Court of Zambia

Case number

APPEAL No. 473/2013

The Supreme Court upheld Stephen Mwape’s murder conviction, holding that circumstantial evidence, the last-seen doctrine, and false explanations proved guilt beyond reasonable doubt.

• Murder
• Circumstantial evidence
• Last seen doctrine
• Malice aforethought
• Admissibility of statements
• Circumstantial-evidence

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