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Zambia decisions
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New Cumm Motors Limited v Lusaka City Council and Midlands Breweries (PVT) Limited (2022/HP/0801) [2024] ZMHC 64 (22 April 2024)
The High Court refused an interim injunction over a disputed service lane, finding damages could suffice and the plaintiff delayed too long to seek relief.
Masautso Banda v The People (SCZ NO. 128/2021) [2024] ZMSC 3 (19 April 2024)
The Supreme Court of Zambia dismissed Masautso Banda’s appeal against conviction and 40-year sentence for defilement, holding the statutory defence was not made out.
University of Lusaka Limited v Attorney General and Ors (2023/HP/0933) [2024] ZMHC 76 (19 April 2024)
The High Court refused to consolidate three related land actions, but ordered two of them to be tried together and granted leave to appeal.
Mabvuto Mwale and Anor v The People (Appeal No. 27,28/ 2020) [2024] ZMSC 2 (19 April 2024)
The appellant had no legal authority to permit use of government vehicle and driver for private work; such authorization was arbitrary and prejudicial to government interests, constituting abuse of office. The sentence of imprisonment was excessive for a first offender where no aggravating circumstances existed; a fine was appropriate.
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Headsai Enterprises Limited v Igbal Bahadar (2020/HP/0556) [2024] ZMHC 57 (19 April 2024)
The High Court of Zambia held that the defendant had not proved full payment for a truck sale and that a disputed US$7,000 acknowledgment was forged.
Frank Mumba v Shaba Mulengela (Appeal No. 314/2023) [2024] ZMCA 224 (18 April 2024)
The Court of Appeal set aside a summary ruling on an estate-property sale dispute, holding the matter raised contentious issues requiring a full trial.
People v The Attorney General (Minister of Mines and MInerals Development (Respondent), Handa Resources Limited (Interested Party Ex Parte Zamsort Limited (Applicant) (2022/HP/1435) [2024] ZMHC 66 (17 April 2024)
Judicial review is not available where the statute prescribes appeal as the mode of challenge, and the non-operational status of the Tribunal does not justify commencing proceedings by judicial review. The High Court lacks jurisdiction to entertain the matter commenced by judicial review in these circumstances.
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Kennedy Mambwe v Katia Shamu and Kakusa S Mundia (APP/172/2022) [2024] ZMCA 221 (17 April 2024)
The Court of Appeal upheld dismissal of a civil suit for want of prosecution, finding repeated non-attendance and unpaid costs were attributable to the appellant.
George Muyunda Munalula v Alexander Kasongo (APP/217/2022) [2024] ZMCA 220 (17 April 2024)
The appeal was incompetent because the appellant should have renewed his application for extension of time before a single judge, not by way of appeal.
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Omnia Fetilizer Zambia Limited v Mulbec Investments Limited and Anor (APPEAL NO. 25/2023) [2024] ZMCA 206 (17 April 2024)
The Court of Appeal dismissed an appeal over a consent judgment, holding that a writ issued by a non-party was irregular and that unstated post-judgment costs and interest could not be claimed.
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