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Zambia Case Law

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Land law [2024] ZMHC 56

Iredy Chisula v Vincent Mazoka and John Phiri (2019/HPA/0036)

Iredy Chisula v Vincent Mazoka and John Phiri (2019/HPA/0036) [2024] ZMHC 56 (25 April 2024)

High Court civil appeal over a land dispute dismissed. The court held the Subordinate Court properly heard the matter de novo and the appellant failed to prove ownership.

  • Land ownership
  • Standard of proof
  • Appellate review
  • Burden of proof
  • Land-law
  • Civil-procedure
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Employment law [2024] ZMHC 41

Mbuwa Banda v Coca-Cola Beverages Zambia Limited (COMP NO. IRCLK/ 15/2022)

Mbuwa Banda v Coca-Cola Beverages Zambia Limited (COMP NO. IRCLK/ 15/2022) [2024] ZMHC 41 (24 April 2024)

The High Court dismissed an employment complaint claiming wrongful and unfair dismissal after finding the employee diverted stock without proper authority and was validly disciplined.

  • Wrongful dismissal
  • Unfair dismissal
  • Disciplinary procedure
  • Employment contract
  • Damages
  • Reinstatement
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Civil procedure [2024] ZMCA 104

Kitwe Development Limited (In Liquidation) and Ors v Zambia State Insurance Pension Trust Fund Registered Trustees (Appeal No. 231 of 2022)

Kitwe Development Limited (In Liquidation) and Ors v Zambia State Insurance Pension Trust Fund Registered Trustees (Appeal No. 231 of 2022) [2024] ZMCA 104 (23 April 2024)

The Court of Appeal upheld security for costs against three liquidated companies, reduced the amount to K1,000,000, and confirmed setting aside disputed witness summons.

  • Security for costs
  • Witness summons
  • Liquidation
  • Judicial discretion
  • Costs in litigation
  • Security-for-costs
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Labour law [2024] ZMHC 61

The People v The Labour Commissioner, The Attorney General Ex Parte Kalahari Trans (Z) Limited (2023/HP/2100)

The People v The Labour Commissioner, The Attorney General Ex Parte Kalahari Trans (Z) Limited (2023/HP/2100) [2024] ZMHC 61 (23 April 2024)

The High Court (Principal Registry) lacks jurisdiction to entertain the application for judicial review because the Industrial and Labour Relations Act provides an exclusive and specific procedure for such disputes, which must be commenced in the Industrial Relations Division.

  • Jurisdiction
  • Judicial review
  • Recognition agreement
  • Industrial relations
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Property law [2024] ZMHC 60

Albert Tembo v Hildah Muwele (2023/HP/0154)

Albert Tembo v Hildah Muwele (2023/HP/0154) [2024] ZMHC 60 (23 April 2024)

The High Court ordered removal of a caveat over the applicant’s Lusaka property after the respondent failed to appear or show cause under the Lands and Deeds Registry Act.

  • Removal of caveat
  • Land ownership
  • Registry procedure
  • Removal-of-caveat
  • Land-registration
  • Property-law
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Civil procedure [2024] ZMHC 62

Esnart Mumba v Cosmo Mumba (2023/HP/0093)

Esnart Mumba v Cosmo Mumba (2023/HP/0093) [2024] ZMHC 62 (22 April 2024)

The High Court lacks jurisdiction over the subject matter as disputes concerning land governed by the Urban and Regional Planning Act No. 3 of 2015 must be commenced in the Subordinate Court. The action is dismissed for want of jurisdiction.

  • Jurisdiction
  • Limitation of actions
  • Land disputes
  • Abuse of process
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Civil procedure [2024] ZMHC 65

Yellow Brick Estate and Properties Limited v Williard Milele (2022/HP/0092)

Yellow Brick Estate and Properties Limited v Williard Milele (2022/HP/0092) [2024] ZMHC 65 (22 April 2024)

The Plaintiff satisfied all preconditions for leave to issue a writ of possession, including the existence of a consent judgment granting possession and sufficient notice to the Defendant, who failed to comply with the judgment and did not appear to contest the application.

  • Writ of possession
  • Enforcement of consent judgment
  • Possession of land
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Civil procedure [2024] ZMHC 80

Alice Manda and 11 Ors v Intermarket Banking Corporation Zambia Limited (In Liquidation) (2024/HP/0416)

Alice Manda and 11 Ors v Intermarket Banking Corporation Zambia Limited (In Liquidation) (2024/HP/0416) [2024] ZMHC 80 (22 April 2024)

The High Court dismissed an ex-parte application for leave to proceed against a company in liquidation, holding that originating summons was the proper procedure.

  • Leave to proceed against company in liquidation
  • Proper commencement of proceedings
  • Originating summons vs ex-parte summons
  • Civil-procedure
  • Insolvency
  • Originating-summons
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Immigration law [2024] ZMHC 81

Leon Benjamin Henry Pennington v The Attorney General (2024/HP/A005)

Leon Benjamin Henry Pennington v The Attorney General (2024/HP/A005) [2024] ZMHC 81 (22 April 2024)

The High Court held that an appeal could not be dismissed for lack of a record of appeal where the Tribunal had not shown it supplied the needed documents.

  • Appeals
  • Record of appeal
  • Procedural requirements
  • Jurisdiction
  • Record-of-appeal
  • Immigration-appeals
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Civil procedure [2024] ZMHC 82

Vision Fund Zambia v Rougue Zambia Limited and Lawrence Zyambo (2023/HP/979)

Vision Fund Zambia v Rougue Zambia Limited and Lawrence Zyambo (2023/HP/979) [2024] ZMHC 82 (22 April 2024)

The High Court of Zambia refused to strike out the defence, holding the pleading irregularity was curable and allowing the amended defence to stand.

  • Striking out pleadings
  • Abuse of process
  • Amendment of pleadings
  • Irregularity in pleadings
  • Civil-procedure
  • Striking-out-pleadings
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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.