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Zambia decisions
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Charity Kapona v Denai Mwale and Ors (2023/HP/1513) [2024] ZMHC 94 (6 June 2024)
The High Court discharged an ex parte interim injunction over disputed customary land, finding the plaintiff had not shown a clear right or a sufficiently specific land description.
Administrator General ( suing as Administrator of the estate of the late JOSEPH NANA MHLANGA) v Tom Hambwaula ( suing as Administrator of the estate of the late AMOS HAMBWAULA) (2023/HP/1378) [2024] ZMHC 128 (6 June 2024)
The Respondent failed to provide evidence of an enforceable interest in Stand No. 2173, Livingstone, as there was no assignment executed, no evidence of consideration paid, and no steps taken to enforce the contract through specific performance. The caveat cannot be maintained on conjecture without cogent evidence of the vendor's default. The Applicant, as registered proprietor, is entitled to removal of the caveat.
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Benson Kaunda v The People (APPEAL No. 03/2022) [2024] ZMSC 21 (6 June 2024)
The Supreme Court upheld Benson Kaunda’s murder conviction, rejecting provocation and extenuating circumstances and affirming the death sentence.
Dody Malaika v Roger Lufunda (2022/HP/1659) [2024] ZMHC 118 (5 June 2024)
The defendant failed to provide compelling evidence of ability to pay the judgment sum within a reasonable time frame; the proposed 100 monthly installments are unreasonable. The only acceptable arrangement is payment in six equal monthly installments, failing which the plaintiff may enforce the judgment.
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Benkel Industrial Limited v Attorney General (2023/HP/A/003) [2024] ZMHC 129 (5 June 2024)
The Minister's decision to refuse the Appellant's proposed mineral exploration was justified as the project site is within an ecologically sensitive wetland area, the boundaries of which are not strictly defined by GPS coordinates. The Minister properly relied on expert evidence from ZEMA and the Department of National Parks and Wildlife, applied the precautionary principle, and found the proposed mitigation measures inadequate. The Ramsar Convention and Environmental Management Act do not guarantee approval of such projects, and the Minister acted within his statutory and international oblig…
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Greentone Kaluba Maiwase and Anor v Susan Njovu (2023/HP/1843) [2024] ZMHC 88 (5 June 2024)
The High Court granted an interim injunction restraining the defendant from collecting rentals from a disputed Lusaka property and ordered rental income paid into court.
Faith Ngambi v Baran Investment Ltd (APPEAL NO. 225 OF 2023) [2024] ZMCA 107 (5 June 2024)
The appeal was dismissed because the Appellant had not filed a memorandum of appearance or defence, making the preliminary objection incompetent and depriving the lower court of jurisdiction to entertain the motion. The resulting ruling was void and unenforceable, and the matter was remitted to the High Court for directions.
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Vanessa Chibola Hope Lewis v Matthews Malufu and Anor (2023/HPA/034) [2024] ZMHC 90 (4 June 2024)
The appeal succeeded because the respondents' claim was statute barred, as they were aware of the appellant's occupation and development of the land between 2005 and 2008 but only commenced action in 2022, exceeding the 12-year limitation period. The Lands Tribunal erred in granting the injunction and in finding that the respondents came to court with clean hands. The balance of convenience and irreparable injury were not properly assessed, as the appellant had been in occupation and her livelihood depended on the land, while the respondents had relocated.
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Harendra Bushan Rodrigo Kurukulariya v Chrysoula Rodrigo Kurukulariya (Appeal No. 259/2021) [2024] ZMCA 111 (3 June 2024)
The Court of Appeal dismissed a husband’s appeal, upholding findings that the marriage had broken down irretrievably and that the trial court could rely on credibility assessments.
Kapamba Andrew Kombe (Suing in his capacity as Receiver/ Manager of Nyiombo Investments Limited) v Mozaza Logistics (APPEAL NO. 355/2022) [2024] ZMCA 109 (31 May 2024)
The Court of Appeal set aside an order lifting the corporate veil, finding the proceedings were against the wrong party and fraud was not proved to the required standard.
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