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Zambia decisions
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Premier Credit Zambia Limited v Muwanei Brendah Mwandamena (2024/HPC/0171) [2024] ZMHC 207 (17 May 2024)
The High Court dismissed an application to convey mortgaged property, holding section 14 was inapplicable and the claim was res judicata.
The People v Evelyn Mwansa and Ors (APPEAL No.12/2020; APPEAL No.13/2020; APPEAL No.14/2020) [2024] ZMSC 18 (16 May 2024)
The trial judge erred in finding extenuating circumstances as there was no evidential basis for such a finding, and the sentence imposed was totally inadequate given the aggravating factors. The proper sentence under the law at the time was the mandatory death penalty.
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Nelson Sikasote v Lewis Chisha Sukazwe (2024/SID/004) [2024] ZMSUB 6 (16 May 2024)
The court dismissed a defamation claim over allegations made to police about stolen fertilizer, finding the context engaged public interest and the claim was an abuse of process.
Frankson Musukwa (Suing on his behalf and as the executive director of Zambia deaf youth and women) and Ors v Road Transport and Safety Agency (Appeal No.11 of 2021) [2024] ZMSC 9 (16 May 2024)
The Supreme Court of Zambia held that refusing driving licences to deaf appellants did not breach constitutional rights to protection of the law, movement, or non-discrimination.
Frankson Musukwa (Suing on his behalf and as the Executive Director of Zambia Deaf Youth and Women) and Ors v Road Transport and Safety Agency (Appeal No. 11. 2021; SCZ/8/18/2021) [2024] ZMSC 11 (16 May 2024)
The Supreme Court dismissed a challenge to Road Traffic Act provisions used to refuse driving licences to deaf applicants, holding no constitutional breach was shown.
Zowee Investments Limited v Sun Line International Logistics and Ors (APPEAL NO./003/2023) [2024] ZMCA 108 (15 May 2024)
The Court of Appeal upheld joinder of a second respondent in a land dispute, finding it had sufficient interest and locus standi. The appeal was dismissed.
Attorney General v David Kabila Mwansa (Appeal No. 394/2023) [2024] ZMCA 97 (15 May 2024)
The Court of Appeal held that Regulation 10A of the Defence Regulations ousted the High Court’s jurisdiction over the officer’s dismissal.
Kashikoto Conservancy Limited v Kaindu Natural Resources Trust, Royal Kafue Limited, Arthur Simangolwa and 365 Ors [2024] ZMCA 54 (15 May 2024)
The appeal was dismissed because the pleadings disclosed a cause of action based on alleged tortious acts, the 1st respondent as a registered trust had capacity to sue, and any procedural irregularity in its name was curable. The existence of another pending case on the identity of trustees did not create a material nexus or risk of conflicting decisions, and the High Court properly exercised its discretion in refusing to strike out the action.
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Director of Public Prosecutions v Anthony Sindala and Ors (2023/HPEF/09) [2024] ZMHC 30 (15 May 2024)
The High Court ordered forfeiture of property found to be proceeds of crime after embezzlement at fuel stations, and recognized the employer’s restitution interest.
Mopani Copper Mines Plc v Kitwe City Council (Kitwe Rating Authority) (2021/HP/A006) [2024] ZMHC 59 (15 May 2024)
The High Court dismissed Mopani Copper Mines’ appeal for want of jurisdiction after finding it was filed out of time under the Rating Act. Costs were awarded to the respondent.
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