Zambia Case Law

Joseph Mundubi v Zambia National Commercial Bank Plc and The Attorney General (APPEAL NO. 171 OF 2023)

Joseph Mundubi v Zambia National Commercial Bank Plc and The Attorney General (APPEAL NO. 171 OF 2023) [2024] ZMCA 92 (3 May 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 171 OF 2023

The cause of action accrued on 12th June 2001 when the appellant was acquitted, and the limitation period began to run from that date. The absence of the notification and court record did not prevent the appellant from commencing proceedings, as other evidence was available. The matter is statute barred, and the appellant's claim fails.

Source excerpt

• Malicious prosecution
• False imprisonment
• Limitation of actions
• Fraudulent concealment

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Kasama Chambers (Appealing as a Firm) v Suba, Tafeni & Associates (Responding as a Firm) (APPEAL NO. 275/2022)

Kasama Chambers (Appealing as a Firm) v Suba, Tafeni & Associates (Responding as a Firm) (APPEAL NO. 275/2022) [2024] ZMCA 100 (3 May 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 275/2022

The Court of Appeal dismissed an appeal over a preliminary objection, holding the appellant should have checked whether leave to file out of time had been granted.

• Preliminary objection
• Affidavit practice
• Costs
• Court orders
• Compliance with procedural rules
• Civil-procedure

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Bernadette Munthali and Anor v Kuiasu Auto Services Limted and Anor (2017/HP/456)

Bernadette Munthali and Anor v Kuiasu Auto Services Limted and Anor (2017/HP/456) [2024] ZMHC 126 (3 May 2024)

Court

High Court of Zambia

Case number

2017/HP/456

The High Court held that the 2nd defendant was negligent in a rear-end road accident and that the 1st defendant was vicariously liable, awarding limited damages.

• Negligence
• Vicarious liability
• Damages
• Motor vehicle accident
• Vicarious-liability
• Road-traffic-accident

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Nickson Chilangwa (Suing as Secretary General of the Patriotic Front Party) v The Attorney General (APPEAL NO. 216/2022)

Nickson Chilangwa (Suing as Secretary General of the Patriotic Front Party) v The Attorney General (APPEAL NO. 216/2022) [2024] ZMCA 98 (3 May 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 216/2022

The Court of Appeal allowed an appeal from a dismissal based on procedure, holding the lower court should not have decided the substantive claim without hearing the parties.

• Mode of commencement of proceedings
• Jurisdiction
• Fundamental rights
• Preliminary objections
• Right to fair hearing
• Civil-procedure

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Links Express Logistics and Ors v One World Logistics (UK) Ltd (APPEAL No. 232 of 2022)

Links Express Logistics and Ors v One World Logistics (UK) Ltd (APPEAL No. 232 of 2022) [2024] ZMCA 103 (3 May 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL No. 232 of 2022

The Court of Appeal set aside an order piercing the corporate veil for lack of evidence, but upheld dismissal of the security for costs application.

• Piercing the corporate veil
• Security for costs
• Judgment enforcement
• Piercing-the-corporate-veil
• Security-for-costs
• Company-law

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G. G (A Juvenile) and S. K (A Juvenile) v The People (App No. 121,122/2022)

G. G (A Juvenile) and S. K (A Juvenile) v The People (App No. 121,122/2022) [2024] ZMCA 105 (2 May 2024)

Court

Court of Appeal of Zambia

Case number

App No. 121,122/2022

The conviction of the 2nd appellant was a nullity due to the absence of a parent or guardian during trial, as required by Section 127 of the Juveniles Act. The confirmation of the reformatory order against the 1st appellant was unjust given the excessive time spent in custody prior to confirmation, exceeding the statutory maximum sentence for the offence.

Source excerpt

• Trial of juveniles
• Confirmation of orders
• Sentencing
• Probation
• Reformatory orders

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Harold S. Ndulwa and Ors v Zambia Sugar Plc (Appeal No. 300/2023)

Harold S. Ndulwa and Ors v Zambia Sugar Plc (Appeal No. 300/2023) [2024] ZMCA 43 (2 May 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 300/2023

The General Division of the High Court has jurisdiction to interpret sections 54 and 55 of the Employment Code Act and to hear claims for redundancy benefits arising from a pure master and servant relationship. The lower court erred in dismissing the matter for want of jurisdiction, as the dispute did not fall exclusively within the Industrial Relations Division.

Source excerpt

• Jurisdiction
• Employment contracts
• Redundancy benefits
• Interpretation of statutes

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Damiano Mutale (Suing in his capacity as Vice Secretary of Damiano Academy Football Club) and Anor v Andrew Kamanga (Sued in his capacity as President of the Football Association of Zambia (FAZ)) and Anor (2024/HN/176)

Damiano Mutale (Suing in his capacity as Vice Secretary of Damiano Academy Football Club) and Anor v Andrew Kamanga (Sued in his capacity as President of the Football Association of Zambia (FAZ)) and Anor (2024/HN/176) [2024] ZMHC 27 (2 May 2024)

Court

High Court of Zambia

Case number

2024/HN/176

The High Court in Ndola adjourned an interlocutory injunction hearing by consent, citing lack of service, a joinder application, and a pending referral motion.

• Adjournment
• Interlocutory injunction
• Service of process
• Interlocutory-injunction
• Service-of-process
• Civil-procedure

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G G and S K v The People (App No. 121,122/2022)

G G and S K v The People (App No. 121,122/2022) [2024] ZMCA 205 (2 May 2024)

Court

Court of Appeal of Zambia

Case number

App No. 121,122/2022

Court of Appeal of Zambia judgment in the appeal of G G and S K v The People, decided on 2 May 2024 and reported as [2024] ZMCA 205.

• Appellate-procedure

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Buks Haulage Limited v Lloyd Musela (Appeal No. 120/2023)

Buks Haulage Limited v Lloyd Musela (Appeal No. 120/2023) [2024] ZMCA 50 (2 May 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 120/2023

The respondent's delay of 1 year and 2 months in applying for leave to file a complaint was inordinate and not excused by engagement in ex curia settlement discussions or with the Labour Office, which do not constitute administrative channels under section 85(3) of the Industrial and Labour Relations Act. The lower court erred in granting leave and in awarding costs against the appellant without evidence of impropriety.

Source excerpt

• Extension of time
• Administrative channels
• Costs
• Ex curia settlement discussions

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