Zambia Case Law

Chanda Mwape and Anor v The People (APPEAL NO.04/2022)

Chanda Mwape and Anor v The People (APPEAL NO.04/2022) [2024] ZMSC 20 (15 May 2024)

Court

Supreme Court of Zambia

Case number

APPEAL NO.04/2022

The conviction of the 2nd appellant was unsafe as it was based solely on circumstantial evidence (the gunshot wound), with no identification or forensic evidence linking him to the crime, and the prosecution failed to rebut his explanation or conduct an identification parade, thus not proving the case beyond reasonable doubt.

Source excerpt

• Murder
• Attempted murder
• Circumstantial evidence
• Identification parade
• Burden of proof

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Administrator General (Suing in the capacity as personal representative of the late Goodson Mulenga Chilambe) v New Future Financial Company Limited and Ors (2018/HP/1934)

Administrator General (Suing in the capacity as personal representative of the late Goodson Mulenga Chilambe) v New Future Financial Company Limited and Ors (2018/HP/1934) [2024] ZMHC 73 (15 May 2024)

Court

High Court of Zambia

Case number

2018/HP/1934

The High Court set aside a property sale for lack of due diligence, cancelled the 1st defendant’s title, and dismissed claims on the 2nd title and damages.

• Bona fide purchaser for value
• Fraud in property transactions
• Administration of estates
• Cancellation of certificate of title
• Trusts and beneficiaries
• Due diligence in conveyancing

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Turner Construction Limited v Catherine Hovstad Van Aardt and Anor (2021/HPC/0130)

Turner Construction Limited v Catherine Hovstad Van Aardt and Anor (2021/HPC/0130) [2024] ZMHC 146 (15 May 2024)

Court

High Court of Zambia

Case number

2021/HPC/0130

The High Court held that the drafted joint venture agreement was not binding because it was not executed by all parties, and dismissed the claims and counterclaim.

• Joint venture agreements
• Breach of contract
• Indemnity
• Damages
• Verbal agreements
• Joint-venture-agreements

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Kombatende Sikombe v Tanfreight Africa Limited (Appeal No. 229/2023)

Kombatende Sikombe v Tanfreight Africa Limited (Appeal No. 229/2023) [2024] ZMCA 53 (15 May 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 229/2023

The Court of Appeal set aside a dismissal for want of prosecution and ordered the matter struck out with liberty to restore, holding the High Court used the wrong procedure.

• Dismissal for want of prosecution
• Adjournment
• Review of court orders
• Mediation
• Case management
• Dismissal-for-want-of-prosecution

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The People v A P (Appeal No. 09/2024)

The People v A P (Appeal No. 09/2024) [2024] ZMCA 45 (14 May 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 09/2024

Court of Appeal of Zambia judgment in The People v A P, Appeal No. 09/2024, decided on 14 May 2024. The supplied record does not include the substantive reasoning or outcome.

• Appellate-procedure

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Apollo Agriculture Holdings Limited v Herman Josef Kibler (Appeal 2017/2018)

Apollo Agriculture Holdings Limited v Herman Josef Kibler (Appeal 2017/2018) [2024] ZMCA 95 (14 May 2024)

Court

Court of Appeal of Zambia

Case number

Appeal 2017/2018

The Court of Appeal held that failure to execute the EPA was not a breach because the agreement never crystallized, and it set aside the further repatriation order.

• Breach of contract
• Employment termination
• Equity participation
• Repatriation of expatriate employees
• Employment-law
• Contract-law

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Simbarashe Nyashanu v Inonge Siamwala (2024/HPF/D221)

Simbarashe Nyashanu v Inonge Siamwala (2024/HPF/D221) [2024] ZMHC 266 (14 May 2024)

Court

High Court of Zambia

Case number

2024/HPF/D221

The High Court in Lusaka granted a decree nisi dissolving an undefended marriage after finding five years' separation and irretrievable breakdown.

• Divorce
• Irretrievable breakdown of marriage
• Custody
• Division of property
• Costs
• Irretrievable-breakdown

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Olibul Investment Limited v Maicos Trading Limited and Ors (2023/HPC/0200)

Olibul Investment Limited v Maicos Trading Limited and Ors (2023/HPC/0200) [2024] ZMHC 226 (14 May 2024)

Court

High Court of Zambia

Case number

2023/HPC/0200

The First Defendant is not bound by the contract as there is privity only between the Plaintiff and the Second Defendant. The Plaintiff is entitled to recover unpaid balances, finance charges, indemnity for demurrage, and damages for breach of contract against the Second Defendant only. The First Defendant's counterclaim against the Plaintiff fails for lack of privity. Costs are apportioned as per the outcome and conduct of the parties.

Source excerpt

• Privity of contract
• Breach of contract
• Damages
• Agency
• Costs

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Kelvin Lubona v The People (APPEAL NO.244/2017)

Kelvin Lubona v The People (APPEAL NO.244/2017) [2024] ZMSC 6 (14 May 2024)

Court

Supreme Court of Zambia

Case number

APPEAL NO.244/2017

The Supreme Court of Zambia allowed a murder appeal, holding that key prosecution evidence lacked corroboration and an alleged confession was wrongly admitted.

• Murder
• Evidence
• Appeal
• Corroboration
• Confession
• Criminal-appeal

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Samson Lee Chisulo SC v C and J Harvey Farms Limited (Appeal No. 219/2023)

Samson Lee Chisulo SC v C and J Harvey Farms Limited (Appeal No. 219/2023) [2024] ZMCA 46 (14 May 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 219/2023

The Court of Appeal dismissed an appeal over a writ of fieri facias, holding that contractual interest was not awarded and the execution was irregular.

• Judgment on admission
• Assessment of interest
• Execution of judgments
• Irregular writ of fieri facias
• Judgment-on-admission
• Assessment-of-interest

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