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Zambia decisions
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Kalaluka Mushoke v The People (APPEAL No. 10/2024) [2024] ZMSC 12 (10 June 2024)
Supreme Court of Zambia dismissed a murder appeal, holding that suspect-witness evidence was not tainted by false implication and was corroborated.
Raphael Mangani Nakacinda v The Director of Public Prosecutions (2023/HP/2246) [2024] ZMHC 132 (10 June 2024)
The High Court lacks jurisdiction to entertain an application for judicial review where the power or authority being challenged is derived from non-Bill of Rights constitutional provisions. The proper forum for such a challenge is the Constitutional Court. As the applicant's challenge to the DPP's decision necessarily involves interpretation of constitutional provisions outside the Bill of Rights, the application must be dismissed for want of jurisdiction.
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Dr. Godfrey Hampwaye and Ors v The Council of the University of Zambia (2023/CCZ/0027) [2024] ZMCC 8 (7 June 2024)
The respondent's answer to the petition was not accompanied by an opposing affidavit as required by Order IV rule 4(1) of the Constitutional Court Rules. Therefore, the respondent did not give proper notice of intention to defend, and the notice of motion was improperly before the court and could not be entertained.
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Frank Nkomanga v Serah Kalambo Mbetwa (Appeal No. 396/2023) [2024] ZMCA 119 (7 June 2024)
The Court of Appeal upheld dismissal for want of prosecution, holding that repeated non-attendance and a late adjournment request justified the trial court's order.
Christopher Ngulube v Ghambir Enterprises Limited (Appeal No. 115/2023) [2024] ZMCA 117 (7 June 2024)
The court found that the relationship between the parties was an agency relationship, not a credit sale. The appellant, as agent, had a duty of care to protect the cement and failed to prove that the loss was not due to his negligence. The appellant was therefore liable for the value of the cement lost while in his custody.
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Jaroslaw Zbigniew Kapangila (Suing as an agent/ attorney for A lame Ali Salim) v Hassan Ibrahim Nassour (2023/HP/1326) [2024] ZMHC 123 (6 June 2024)
The High Court stayed a challenge to a claim brought via power of attorney, granting leave to appeal pending Court of Appeal guidance on representation and locus standi.
Mike Muloba v The People (APPEAL NO. 12/2022) [2024] ZMSC 13 (6 June 2024)
The Supreme Court of Zambia upheld a murder conviction and 45-year sentence, finding self-defence and provocation unavailable on the facts.
Francis Phiri v The People (APPEAL No. 11/2022) [2024] ZMSC 19 (6 June 2024)
The Supreme Court upheld Francis Phiri’s murder conviction and death sentence, finding no support for provocation or self-defence and no extenuating circumstances.
Inde Credit Company Limited v Broderick Investments Limited and Ors (2023/HPC/0687) [2024] ZMHC 244 (6 June 2024)
The High Court dismissed an application for judgment on admission, finding no clear and unequivocal admission of the debt in pleadings or email correspondence.
Sandras Samakayi v Attorney General (2023/CCZ/0015) [2024] ZMCC 7 (6 June 2024)
A judicial officer who does not opt to retire at the age of fifty-five years can only retire at the age of sixty-five years and not at any other age after attaining the age of fifty-five years. The Constitution prescribes only two retirement ages for judicial officers: fifty-five (optional) and sixty-five (mandatory).
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