Zambia Case Law

Mutinta Malambo v Tau Risk Security (2023 /HPIR/ 0560)

Mutinta Malambo v Tau Risk Security (2023 /HPIR/ 0560) [2024] ZMHC 37 (13 May 2024)

Court

High Court of Zambia

Case number

2023 /HPIR/ 0560

The complainant proved on a balance of probabilities that she was entitled to salary arrears, severance pay at 25% of earnings from 9 May 2020 to 31 January 2023, accrued leave days, housing allowance at 30% of basic salary, and lunch allowance as per statutory rates. She failed to prove entitlement to the uniform bond refund and transport allowance due to lack of evidence.

Source excerpt

• Severance pay
• Salary arrears
• Leave entitlement
• Allowances
• Gratuity
• Terminal benefits

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Given Lubinda Foundation v Mainda Simataa (2022/HP/0304)

Given Lubinda Foundation v Mainda Simataa (2022/HP/0304) [2024] ZMHC 72 (13 May 2024)

Court

High Court of Zambia

Case number

2022/HP/0304

The High Court dismissed an application to strike out a statement of claim, holding the main action was not res judicata and that a cause of action was shown.

• Striking out pleadings
• Res judicata
• Abuse of process
• Cause of action
• Interlocutory injunction
• Civil-procedure

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Collins Zulu v Mercy Chansa (2024/HPF/D285)

Collins Zulu v Mercy Chansa (2024/HPF/D285) [2024] ZMHC 267 (13 May 2024)

Court

High Court of Zambia

Case number

2024/HPF/D285

The High Court of Zambia granted a decree nisi dissolving a marriage after finding the parties had lived apart for at least five years and that no hardship to the respondent was shown.

• Divorce
• Irretrievable breakdown of marriage
• Living apart
• Marriage-dissolution
• Living-apart
• Family-law

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Madhusundan Reddy Gavi Reddy and Ors v Uma Maheswar Reddy Gavi Reddy and Ors (2024/HP/ARB/2)

Madhusundan Reddy Gavi Reddy and Ors v Uma Maheswar Reddy Gavi Reddy and Ors (2024/HP/ARB/2) [2024] ZMHC 69 (13 May 2024)

Court

High Court of Zambia

Case number

2024/HP/ARB/2

The High Court dismissed a preliminary issue challenging authority to depose an affidavit, holding the deponent held valid powers of attorney for both respondents.

• Affidavits
• Authority of deponent
• Power of attorney
• Setting aside arbitral award
• Power-of-attorney
• Civil-procedure

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Safricas Zambia Limited v Barloworld Equipment Zambia Ltd and Ors (CA\/8/20/2024)

Safricas Zambia Limited v Barloworld Equipment Zambia Ltd and Ors (CA\/8/20/2024) [2024] ZMCA 276 (13 May 2024)

Court

Court of Appeal of Zambia

Case number

CA\/8/20/2024

The application for extension of time to appeal is improperly before the Court as the applicant did not first obtain leave to appeal, which is a prerequisite. In the absence of leave, the Court has no jurisdiction to entertain the application.

Source excerpt

• Extension of time to appeal
• Stay of execution
• Leave to appeal
• Jurisdiction

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Samson Chokwiro v Tinairi Doreen Chokwiro and Ors (2023/HP/0076)

Samson Chokwiro v Tinairi Doreen Chokwiro and Ors (2023/HP/0076) [2024] ZMHC 71 (13 May 2024)

Court

High Court of Zambia

Case number

2023/HP/0076

The High Court dismissed Samson Chokwiro’s suit as res judicata, holding that the dispute had already been resolved by an earlier consent judgment.

• Res judicata
• Consent judgment
• Abuse of process
• Res-judicata
• Consent-judgment
• Abuse-of-process

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Bernard Musa C Phiri & 176 Ors v Attorney General and Mulungushi University (Appeal No. 310 of 2023)

Bernard Musa C Phiri & 176 Ors v Attorney General and Mulungushi University (Appeal No. 310 of 2023) [2024] ZMCA 219 (10 May 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 310 of 2023

The Court of Appeal held that an application to correct the High Court judgment was wrongly brought before a different High Court judge and amounted to an improper attempt to revisit concluded issues.

• Slip rule
• Correction of judgment
• Res judicata
• Functus officio
• Employment separation benefits
• Slip-rule

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Mercy Chileshe Lengwe v PICLA Women Empowerment Foundation Limited (APPEAL NO. 86/ 2023)

Mercy Chileshe Lengwe v PICLA Women Empowerment Foundation Limited (APPEAL NO. 86/ 2023) [2024] ZMCA 101 (10 May 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 86/ 2023

The Court of Appeal set aside a High Court judgment on admission, finding the appellant’s alleged admissions were not clear or unequivocal.

• Judgment on admission
• Village banking
• Corporate liability
• Amendment of pleadings
• Withdrawal of admission
• Judgment-on-admission

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Director of Public Prosecutions v Charles Phiri (2023/HPEF/24)

Director of Public Prosecutions v Charles Phiri (2023/HPEF/24) [2024] ZMHC 86 (10 May 2024)

Court

High Court of Zambia

Case number

2023/HPEF/24

The High Court declined to review its earlier ruling in a forfeiture matter, finding no fresh material evidence and no basis to vary the costs order.

• Forfeiture of proceeds of crime
• Review of court rulings
• Service of process
• Costs
• Review-of-ruling
• Forfeiture-of-proceeds-of-crime

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Pulse Financial Services Limited T/A Entrepreneurs Financial Centre v Sepiso Lungwangwa (2024/HPC/0214)

Pulse Financial Services Limited T/A Entrepreneurs Financial Centre v Sepiso Lungwangwa (2024/HPC/0214) [2024] ZMHC 237 (9 May 2024)

Court

High Court of Zambia

Case number

2024/HPC/0214

The High Court granted judgment for a lender on a defaulted secured loan, ordering payment, and in default, foreclosure, sale of the mortgaged property, and sale of movable collateral.

• Mortgage enforcement
• Foreclosure
• Loan default
• Remedies of mortgagee
• Mortgage-enforcement
• Loan-default

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