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Zambia decisions
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Eastern and Southern African Trade and Development Bank v Antonio Ventriglia and Ors (APP NO. 12/2024) [2024] ZMCA 115 (29 May 2024)
The Court of Appeal refused to join the Attorney General as intervenor or amicus curiae in an appeal about immunity and a consent judgment.
MTN Zambia v Tekeniko Solutions (Appeal No. 296 of 2023) [2024] ZMCA 106 (28 May 2024)
The High Court retains jurisdiction to hear civil claims for damages arising from abuse of dominance under the Competition and Consumer Protection Act, as there is no express statutory exclusion of civil remedies. The imposition of a statutory penalty or fine does not preclude a private law claim for damages. The respondent's statement of claim discloses a reasonable cause of action, and the matter should proceed to trial for determination on the merits.
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DBK Management Consultation Limited v Dangote Cement (Zambia) Limited (2023/HP/0682) [2024] ZMHC 104 (25 May 2024)
The Plaintiff failed to attend scheduled hearings and did not provide a justifiable reason for non-compliance with the 14-day rule for review. No fresh material evidence was presented that could not have been discovered with reasonable diligence before the decision. The Plaintiff's application for special leave to apply for review out of time is dismissed.
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Elias Tembo v Vivom Investment Limited and Ors (2018/HP/1725) [2024] ZMHC 110 (25 May 2024)
The High Court held the plaintiff’s pleadings disclosed a reasonable cause of action, allowed the appeal, dismissed the cross-appeal, and sent the matter back for directions.
John Johannes Vlahakis v Chirundu Bream Farms Limited (2003/HP/0516) [2024] ZMHC 92 (24 May 2024)
The High Court found that Farm 9565 encroached on Farm 80a in Chirundu, granted quiet possession, awarded nominal damages for trespass, and dismissed mesne profits.
Mike Clement Kunda Chikwanda and 23 Ors v R. P. Africa Fleet Services Ltd (COMP/IRCLK/114/2022) [2024] ZMHC 99 (24 May 2024)
Statutory Instrument No. 106 of 2020 does not apply retrospectively to employment contracts entered into before its commencement; only contracts entered after its enactment are governed by its terms. Complainants who contracted before 18th December 2020 cannot claim under the SI. Only Mulele Malambo, whose contract commenced after the SI, is entitled to benefits under it. Claims for underpayment of gratuity, leave days, and overtime failed for lack of proof and/or because payments were made in accordance with the law and contracts.
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Felopater Zambia Limited v Union Gold Zambia Limited (2021/HP /043) [2024] ZMHC 95 (24 May 2024)
The High Court held that Felopater Zambia Limited failed to prove any binding contract with Union Gold Zambia Limited for commission or professional charges.
Elias Tembo v Edna Mpande Sakala and Ors (2012/HP/1147) [2024] ZMHC 96 (21 May 2024)
The High Court of Zambia refused to consolidate Elias Tembo’s land-related cases, finding the matters involved different properties, parties, and procedural stages.
Peter Katampi and Ors v The People (APPEAL No. 236,237,238 239,240,241,242,243/2017) [2024] ZMSC 8 (21 May 2024)
Supreme Court of Zambia dismissed criminal appeals arising from multiple aggravated robberies, upholding convictions based on identification evidence, recoveries, and firearm use.
Umeshi Patel and Anor v Flame Egypt Company (2015/HP/2314) [2024] ZMHC 97 (21 May 2024)
Service on the second Defendant as agent is not sufficient because the first Defendant was never domiciled within the jurisdiction and the agency relationship has ended. The Plaintiff is required to effect personal service on the first Defendant under Order X rule 15.
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