Zambia Case Law

Nathan Sinkala and 119 Ors v Brook Cherith Estate Agents and Charles Chanda (2019/HP/1476)

Nathan Sinkala and 119 Ors v Brook Cherith Estate Agents and Charles Chanda (2019/HP/1476) [2024] ZMHC 84 (16 April 2024)

Court

High Court of Zambia

Case number

2019/HP/1476

The High Court dismissed a late application to set aside a default judgment and stay execution, finding the 2nd defendant had notice, no credible excuse, and no defence on the merits.

• Default judgment
• Setting aside judgment
• Stay of execution
• Service of process
• Director liability
• Default-judgment

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Conservation Advocates Zambia Limited v The Attorney General (2023/CCZ/0018)

Conservation Advocates Zambia Limited v The Attorney General (2023/CCZ/0018) [2024] ZMCC 6 (16 April 2024)

Court

Constitutional Court of Zambia

Case number

2023/CCZ/0018

The majority held that the issues raised by the petitioner—regarding the award of tourism block concessions, use of adaptive management processes, and access to environmental information—are governed by statutory provisions under the Zambia Wildlife Act and do not require constitutional interpretation. Therefore, the Constitutional Court lacks jurisdiction, and the petition does not raise constitutional questions for its determination.

Source excerpt

• Public participation
• Access to environmental information
• Wildlife management
• Judicial review
• Constitutional avoidance doctrine

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Lamsat International Limited v African Banking Corporation Zambia Limited T/A Atlas Mara Zambia (Formerly known as Finance Bank Limited) (2023/HPC/0629)

Lamsat International Limited v African Banking Corporation Zambia Limited T/A Atlas Mara Zambia (Formerly known as Finance Bank Limited) (2023/HPC/0629) [2024] ZMHC 202 (16 April 2024)

Court

High Court of Zambia

Case number

2023/HPC/0629

The High Court in Lusaka granted a stay of proceedings pending appeal against an interlocutory ruling, finding the appeal could affect the trial and that no prejudice was shown by the defendant.

• Stay of proceedings
• Interlocutory applications
• Appeals
• Stay-of-proceedings
• Interlocutory-appeals
• Civil-procedure

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Director of Public Prosecutions v Chiyeso Lungu (2023/HPEF/26)

Director of Public Prosecutions v Chiyeso Lungu (2023/HPEF/26) [2024] ZMHC 26 (16 April 2024)

Court

High Court of Zambia

Case number

2023/HPEF/26

The applicant established a prima facie case that the properties are tainted as their value far exceeds the interested party's known income, raising reasonable suspicion they are proceeds of crime. The evidentiary burden shifted to the interested party, who failed to provide clear, convincing evidence of legitimate acquisition, relying only on unsubstantiated assertions. The court found the applicant's suspicion reasonable and the interested party's explanation insufficient, thus ordering forfeiture of the properties to the State.

Source excerpt

• Non-conviction based forfeiture
• Proceeds of crime
• Burden of proof
• Affidavit evidence
• Statutory interpretation

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Hope Gladys Thailashi v Chitalu Simbaya (2024/HPF/D033)

Hope Gladys Thailashi v Chitalu Simbaya (2024/HPF/D033) [2024] ZMHC 273 (15 April 2024)

Court

High Court of Zambia

Case number

2024/HPF/D033

The High Court of Zambia granted a decree nisi in a divorce petition after finding the spouses had lived apart for two years and the respondent consented.

• Divorce
• Custody
• Irretrievable breakdown of marriage
• Child-custody
• Family-law
• Irretrievable-breakdown-of-marriage

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Buxs Petroleum Limited v Kapichila Energy Limited (2023/HPC/0708)

Buxs Petroleum Limited v Kapichila Energy Limited (2023/HPC/0708) [2024] ZMHC 220 (15 April 2024)

Court

High Court of Zambia

Case number

2023/HPC/0708

The Defendant did not admit owing the Plaintiff the claimed sum in its pleadings or otherwise; any admission was limited to the Plaintiff being owed by a third party, not the Defendant. The conditions for entering judgment on admission—namely, a clear, obvious, and unequivocal admission—were not met. Therefore, the application for judgment on admission was dismissed.

Source excerpt

• Judgment on admission
• Pleadings
• Debt recovery
• Summary judgment

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The People v M M (HP/29/2024)

The People v M M (HP/29/2024) [2024] ZMHC 29 (15 April 2024)

Court

High Court of Zambia

Case number

HP/29/2024

The High Court sentenced a child offender convicted of aggravated robbery to 36 months' simple imprisonment, citing the seriousness and prevalence of the offence.

• Aggravated robbery
• Sentencing of child offenders
• Restorative justice
• Juvenile-justice
• Sentencing
• Aggravated-robbery

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Investisseur IV Holdiings BV and Anor v Vanessa Marian Parker and Anor (2024/HPC/0151)

Investisseur IV Holdiings BV and Anor v Vanessa Marian Parker and Anor (2024/HPC/0151) [2024] ZMHC 169 (15 April 2024)

Court

High Court of Zambia

Case number

2024/HPC/0151

The High Court granted a modified interim injunction in a receivership dispute, recognizing priority in control for the plaintiffs' receiver over the second defendant's appointee.

• Priority of securities
• Receivership
• Injunctive relief
• Interim-injunction
• Priority-of-securities
• Commercial-law

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Steven Chabala Chaboba and Ors v Elite Industries (2023/HPIR/0495)

Steven Chabala Chaboba and Ors v Elite Industries (2023/HPIR/0495) [2024] ZMHC 52 (15 April 2024)

Court

High Court of Zambia

Case number

2023/HPIR/0495

The High Court held that the complainants proved unfair termination and were entitled to leave, prorated gratuity, salary arrears, notice pay, and damages.

• Unlawful termination
• Gratuity
• Leave days
• Salary arrears
• Notice pay
• Damages

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Lamasat Internation Limited v African Banking Corporation Zambia Limited T/A Atlas Mara Zambia (Formerly known as Finance Bank Limited) (2023/HPC/0629)

Lamasat Internation Limited v African Banking Corporation Zambia Limited T/A Atlas Mara Zambia (Formerly known as Finance Bank Limited) (2023/HPC/0629) [2024] ZMHC 240 (15 April 2024)

Court

High Court of Zambia

Case number

2023/HPC/0629

The High Court granted a stay of proceedings pending appeal, finding the appeal raised a novel issue affecting the main case and that no prejudice from delay was shown.

• Stay of proceedings
• Interlocutory applications
• Appeals
• Stay-of-proceedings
• Interlocutory-applications
• Civil-procedure

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