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Zambia Case Law

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Civil procedure [2024] ZMCA 25

Morgan Naik v Amadeus International Limited (Appeal No. 158/2022)

Morgan Naik v Amadeus International Limited (Appeal No. 158/2022) [2024] ZMCA 25 (10 April 2024)

The Court of Appeal dismissed Morgan Naik’s appeal for non-compliance with appellate procedure and also dismissed a consolidation application.

  • Caveats
  • Appeals
  • Res judicata
  • Limitation of actions
  • Court procedure
  • Res-judicata
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Criminal law [2024] ZMCA 58

Wu Zhigang v The People (APPEAL NO. 58/2022)

Wu Zhigang v The People (APPEAL NO. 58/2022) [2024] ZMCA 58 (10 April 2024)

The conviction was unsafe because the evidence of the key prosecution witnesses (PW1 and PW2), who had a possible interest to serve, was not corroborated by independent evidence, and the forensic ballistic evidence indicated the fatal shot was fired from a firearm not linked to the appellant. Therefore, the appellant could not be safely identified as the shooter.

  • Manslaughter
  • Firearms offences
  • Evidence
  • Corroboration
  • Chain of causation
  • Medical negligence
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Civil procedure [2024] ZMCA 60

Pamutende Farms Limited and Anor v Alessandra Valenza (App No. 81 of 2023)

Pamutende Farms Limited and Anor v Alessandra Valenza (App No. 81 of 2023) [2024] ZMCA 60 (10 April 2024)

The Court of Appeal upheld a stay of caveat-removal proceedings, finding the High Court acted within its discretion and that both appeal grounds lacked merit.

  • Stay of proceedings
  • Corporate veil piercing
  • Caveat removal
  • Interlocutory orders
  • Judicial discretion
  • Stay-of-proceedings
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Employment law [2024] ZMCA 28

Jonathan Banda & 102 Others v Rainbow Investments Limited and Zalawi Haulage Limited (APPEAL NO. 154/2022)

Jonathan Banda & 102 Others v Rainbow Investments Limited and Zalawi Haulage Limited (APPEAL NO. 154/2022) [2024] ZMCA 28 (9 April 2024)

The Court of Appeal dismissed a drivers’ appeal, holding they were bound by pre-2007 subcontractor contracts and were not entitled to employment benefits retrospectively.

  • Employment relationship
  • Independent contractor vs employee
  • Contract interpretation
  • Admissibility of extrinsic evidence
  • Employment-relationship
  • Independent-contractor-vs-employee
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Civil procedure [2024] ZMCA 86

University of Lusaka Limited v Attorney General and All Unknown persons and Ors (APPEAL NO.2/2024)

University of Lusaka Limited v Attorney General and All Unknown persons and Ors (APPEAL NO.2/2024) [2024] ZMCA 86 (9 April 2024)

The Court of Appeal dismissed an application to stay proceedings pending appeal, finding no special circumstances, no real prospects of success, and no shown prejudice.

  • Stay of proceedings
  • Appeals
  • Joinder of parties
  • Multiplicity of actions
  • Stay-of-proceedings
  • Joinder-of-parties
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Civil procedure [2024] ZMCA 15

Emergency Response Zambia Limited and Ors v Betternow Finance Company Limited and Inde Credit Company Limited (APPEAL NO. 309/2023)

Emergency Response Zambia Limited and Ors v Betternow Finance Company Limited and Inde Credit Company Limited (APPEAL NO. 309/2023) [2024] ZMCA 15 (9 April 2024)

The Court of Appeal dismissed an appeal challenging a res judicata finding, holding that the appellants could have raised fraud and misrepresentation in the earlier mortgage action.

  • Res judicata
  • Fraudulent misrepresentation
  • Abuse of process
  • Company law
  • Res-judicata
  • Abuse-of-process
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Civil procedure [2024] ZMHC 67

Grace Zulu v Elemesi Zulu (2017/HP/2205)

Grace Zulu v Elemesi Zulu (2017/HP/2205) [2024] ZMHC 67 (8 April 2024)

The High Court dismissed a civil matter for want of jurisdiction because the originating summons were filed during Christmas vacation without leave of court.

  • Jurisdiction
  • Filing during court vacation
  • Procedural irregularity
  • Civil-procedure
  • Court-vacations
  • Procedural-irregularity
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Case law [2024] ZMCA 31

Nalusanga Trading Limited v Attorney General (Appeal No. 413/2023)

Nalusanga Trading Limited v Attorney General (Appeal No. 413/2023) [2024] ZMCA 31 (5 April 2024)

Court of Appeal of Zambia judgment in Nalusanga Trading Limited v Attorney General, Appeal No. 413/2023, decided on 5 April 2024.

  • Appellate-procedure
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Civil procedure [2024] ZMCA 29

GBM Milling Limited v Guardall Security Group Limited (Appeal No. 356/2023)

GBM Milling Limited v Guardall Security Group Limited (Appeal No. 356/2023) [2024] ZMCA 29 (5 April 2024)

The Court of Appeal held that failure to file witness and document lists with a defence is curable and does not justify striking out pleadings absent an express sanction.

  • Striking out pleadings
  • Filing requirements
  • Natural justice
  • Sanctions for procedural default
  • Civil-procedure
  • Striking-out-pleadings
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Banking law [2024] ZMCA 69

Investrust Bank Plc v Visberg Construction Limited and Anor (Appeal No. 267 of 2022)

Investrust Bank Plc v Visberg Construction Limited and Anor (Appeal No. 267 of 2022) [2024] ZMCA 69 (5 April 2024)

The Court of Appeal set aside a District Registrar’s assessment, holding that the registrar had to follow the trial judge’s judgment sum and not reassess the debt afresh.

  • Loan facility enforcement
  • Foreclosure
  • Assessment of judgment sum
  • Compound interest
  • Mortgage enforcement
  • Assessment-of-judgment-sum
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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.