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Zambia Case Law

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Contract law [2024] ZMHC 211

Carbon Auto and Tyre Worldwide Limited (Formerly known as Auto and Tyre Worldwide Limited) v ACK Logistics Limited (2023/HPC/751)

Carbon Auto and Tyre Worldwide Limited (Formerly known as Auto and Tyre Worldwide Limited) v ACK Logistics Limited (2023/HPC/751) [2024] ZMHC 211 (9 May 2024)

Court
High Court of Zambia
Case number
2023/HPC/751

The High Court of Zambia entered judgment on admission for the plaintiff in a breach of contract claim, with damages, interest, and costs to be assessed.

  • Breach of contract
  • Damages
  • Judgment on admission
  • Breach-of-contract
  • Judgment-on-admission
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Property law [2024] ZMHC 103

Kashikoto Conservancy Limited v Andrew Baldry (2023/HP/2152)

Kashikoto Conservancy Limited v Andrew Baldry (2023/HP/2152) [2024] ZMHC 103 (9 May 2024)

Court
High Court of Zambia
Case number
2023/HP/2152

The Plaintiff demonstrated a clear right to relief as it is in possession of the land under a lease agreement, and no valid court order compels the Defendant to keep property on the land. The balance of justice and convenience favors preserving the Plaintiff's quiet enjoyment and possession. Damages would not be adequate. Both prohibitory and mandatory injunctions are warranted to restrain trespass and compel removal of the Defendant's property.

Source excerpt

  • Interlocutory injunction
  • Trespass
  • Landlord and tenant
  • Mandatory injunction
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Civil procedure [2024] ZMCA 99

ZESCO Limited v E.L. Sewedy Illumination and Zambia Electrometer Limited (APPEAL No. 354/2023)

ZESCO Limited v E.L. Sewedy Illumination and Zambia Electrometer Limited (APPEAL No. 354/2023) [2024] ZMCA 99 (9 May 2024)

Court
Court of Appeal of Zambia
Case number
APPEAL No. 354/2023

The appellant, as a shareholder and creditor, has no legal or equitable interest in the property of the company and thus does not meet the threshold for joinder; the appeal fails on all grounds.

Source excerpt

  • Joinder of parties
  • Separate legal personality
  • Shareholder rights
  • Charging orders
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Property law [2024] ZMHC 93

Kashikoto Conservancy Limited v Andrew Baldry (2023/HP/ 2152)

Kashikoto Conservancy Limited v Andrew Baldry (2023/HP/ 2152) [2024] ZMHC 93 (9 May 2024)

Court
High Court of Zambia
Case number
2023/HP/ 2152

The High Court granted an interlocutory and mandatory injunction restraining trespass on Farm No. 10415, Mumbwa, and ordered removal of property.

  • Interlocutory injunction
  • Trespass
  • Landlord and tenant
  • Mandatory injunction
  • Interlocutory-injunction
  • Mandatory-injunction
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Constitutional law [2024] ZMSC 7

Faustin Kabwe and Bimal Thaker v Ndola Trust School Limited and Attorney General (SCZ/8/11/2022)

Faustin Kabwe and Bimal Thaker v Ndola Trust School Limited and Attorney General (SCZ/8/11/2022) [2024] ZMSC 7 (8 May 2024)

Court
Supreme Court of Zambia
Case number
SCZ/8/11/2022

The Supreme Court held that determining its own jurisdiction to grant leave to appeal does not amount to substantive constitutional interpretation requiring referral to the Constitutional Court. The question is procedural and within the Supreme Court's power to decide. The motion to refer the question to the Constitutional Court was dismissed.

Source excerpt

  • Jurisdiction
  • Leave to appeal
  • Constitutional interpretation
  • Powers of supreme court
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Company law [2024] ZMHC 53

Luapula Energy Limited v Exxon Petroleum Limited and Ors (2021 /HPC / 0362)

Luapula Energy Limited v Exxon Petroleum Limited and Ors (2021 /HPC / 0362) [2024] ZMHC 53 (8 May 2024)

Court
High Court of Zambia
Case number
2021 /HPC / 0362

The 3rd Defendant, as majority shareholder and managing director, acted fraudulently and improperly by inducing the Plaintiff to deliver petroleum products to the 1st Defendant without capacity to pay, using misrepresentation and a fictitious address to evade liability. Conventional enforcement remedies failed, and the requirements of section 175(1) of the Corporate Insolvency Act were met. Therefore, the corporate veil of the 1st Defendant is pierced, and the 3rd Defendant is held personally liable for the Judgment debt.

Source excerpt

  • Piercing the corporate veil
  • Fraudulent trading
  • Judgment enforcement
  • Receivership
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Criminal law [2024] ZMCA 102

Mukwamba Nathan Bowamoka and Mwapuamela Nathalie v The People (APPEAL NO. 63/2023)

Mukwamba Nathan Bowamoka and Mwapuamela Nathalie v The People (APPEAL NO. 63/2023) [2024] ZMCA 102 (8 May 2024)

Court
Court of Appeal of Zambia
Case number
APPEAL NO. 63/2023

The Court of Appeal of Zambia dismissed a criminal appeal against convictions for smuggling persons and related immigration offences, upholding the minimum sentence.

  • Smuggling of persons
  • Aiding and abetting illegal immigrants
  • Use of forged documents
  • Altering immigration receipts
  • Burden of proof
  • Corroboration of evidence
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Employment law [2024] ZMSC 5

Tarick Mwambwa Chanaika v Zamanita Limited and Anor (APPEAL NO.018/2013)

Tarick Mwambwa Chanaika v Zamanita Limited and Anor (APPEAL NO.018/2013) [2024] ZMSC 5 (6 May 2024)

Court
Supreme Court of Zambia
Case number
APPEAL NO.018/2013

The termination of the appellant's employment was not void as it was communicated by the group Head of Human Resources on behalf of the employer, Zamanita Limited, and there was no evidence of malice or improper motive. The appellant did not act in a higher capacity to warrant acting allowance, and there was no substantiated agreement for a salary increment. The appeal lacked merit and was dismissed.

Source excerpt

  • Termination of employment
  • Breach of contract
  • Damages
  • Acting allowance
  • Salary increment
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Insurance law [2024] ZMCA 347

Chubb European Group SE and Ors v Zopco SA and Ors (CAZ/08/337/2023)

Chubb European Group SE and Ors v Zopco SA and Ors (CAZ/08/337/2023) [2024] ZMCA 347 (3 May 2024)

Court
Court of Appeal of Zambia
Case number
CAZ/08/337/2023

The Court of Appeal held that the High Court lacked jurisdiction because the Marine Policy required disputes to be resolved by arbitration or, if litigated, in Belgium.

  • Jurisdiction
  • Arbitration clauses
  • Choice of law
  • Enforceability of foreign insurance contracts
  • Forum non conveniens
  • Arbitration
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About this LexChat collection

Zambia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.