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Zambia decisions
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Samson Kayuwa v The People (Appeal No. 49/2023) [2024] ZMCA 21 (12 April 2024)
Criminal appeal against a defilement conviction. The Court of Appeal upheld the conviction but reduced the sentence from 25 to 15 years with hard labour.
Robert Mbonani Simeza (Sued as Receiver/ Manager of Zambezi Portland Cement Limited (In Receivership) v Antonio Ventriglia and Ors (Appeal No. 244/2022) [2024] ZMCA 19 (12 April 2024)
The Court of Appeal held that a former receiver was not likely to be affected by a suit challenging a consent order and should be struck out for misjoinder.
Nkana Mining & Mineral Processing Limited v Yafei Ventures Limited (Appeal No. 227/2023) [2024] ZMCA 24 (12 April 2024)
A counterclaim does not prevent entry of judgment on admission where the admission is clear, unequivocal, and unambiguous. The appellant admitted the debt in pleadings and affidavit, and the counterclaim can be determined separately. The lower court was correct in entering judgment on admission for the respondent.
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Petrolink Limited v Sydney Chisanga and Anor (NO.263/2022) [2024] ZMCA 227 (12 April 2024)
The Court of Appeal dismissed this appeal for want of jurisdiction, holding that refusal of an interlocutory injunction must be renewed before a single judge.
VS Cargo Management Services v Labadee Trust (Appeal No. 28/2023) [2024] ZMCA 78 (12 April 2024)
The Court of Appeal held the parties had a simple contract for cement transport, not a joint venture. It set aside penal interest, but upheld most of the judgment.
Great Stone Mine Technical Service Limited v Chi Africa Mining Limited and Radio Phoenix (1996) Limited (T/A Phoenix FM) (Appeal No. 16 of 2023) [2024] ZMCA 63 (11 April 2024)
The Court of Appeal dismissed an appeal over refusal of an interlocutory injunction because it was brought by the wrong procedure and the court lacked jurisdiction.
Great Stone Mine Technical Service Limited v Chi-Africa Mining Limited and Anor (APPEAL No. 16 of 2023) [2024] ZMCA 13 (11 April 2024)
The Court of Appeal dismissed this defamation-related appeal because the appellant used the wrong procedure to challenge refusal of an interlocutory injunction.
Ethel Brome and Ors v Timothy Mulenga & Other Persons Unknown (Appeal No. 295 of 2023) [2024] ZMCA 14 (11 April 2024)
The Court of Appeal set aside a ruling that dismissed a land claim on preliminary objections, holding the lower court went into the merits and should have ordered a trial.
Webget Investment Limited and Webster Siyingwa v Citizens Economic Empowerment Commission (Appeal No. 206/2023) [2024] ZMCA 26 (10 April 2024)
The Court of Appeal upheld leave to amend an originating summons to add relief over a truck bought with loan proceeds, finding the claim arose from the same transaction.
Allen Tendai Mate v Mabiza Resources Limited (2021/HPIR/667) [2024] ZMHC 186 (10 April 2024)
The court dismissed an employee’s claims for wrongful and unfair dismissal and also dismissed the employer’s counterclaim for lack of proof.
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