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Zambia decisions
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Justice Elliot Esua Chulu (Retired) and Ors v David Kabuku Mwitumwa (Appeal No. 94 of 2023) [2024] ZMCA 23 (5 April 2024)
The Court of Appeal held that not all appellants were bound by the same arbitration clause, so the High Court should not have stayed the whole case.
Mohamed Abdi Mohamed (Male) v The Commissioner for Refugees and The Attorney General (Appeal No. 278/2022) [2024] ZMCA 59 (5 April 2024)
The Court of Appeal allowed an appeal against ex parte orders that discharged judicial review leave and set aside contempt leave, restoring both orders.
Konkola Copper Mines Plc (In Liquidation) v Hauyou (Hong Kong) Co. Limited (Appeal No. 256 of 2022) [2024] ZMCA 30 (5 April 2024)
Court of Appeal upheld refusal to stay proceedings for arbitration, finding the clause became inoperative after the 30-day referral period elapsed.
Cecilia Chilanga v Sida Lweendo and Amis Mwandezi (2016/HP/1093) [2024] ZMHC 54 (4 April 2024)
The High Court found the disputed property transaction was not a genuine sale but a money-lending arrangement vitiated by misrepresentation.
Elizabeth Catherine Cook and Ors v Attorney General and Ors (2007/HP/0264; 2008/HP/0529) [2024] ZMHC 68 (4 April 2024)
The High Court granted leave to issue a writ of possession over land, except against the appellant and 25 others protected by a stay. Demolition was refused.
Friday Mpundu and Ors v Mike Manda (2023/HN/CA.13) [2024] ZMHC 48 (3 April 2024)
The High Court dismissed an appeal in a defamation case arising from land-encroachment allegations broadcast on ZNBC, upholding K30,000 damages and costs.
Arm Secure Limited v Astro Holdings Limited and Ors (2021/HPC/200) [2024] ZMHC 176 (3 April 2024)
The writ of fieri facias was irregular because it included interest and amounts not granted by the Court's judgment. Execution must be strictly in accordance with the judgment, and any additional sums or rates not expressly awarded render the process irregular and liable to be set aside.
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Nkandu Priscilla Chikonde Chansa v National Savings and Credit Bank (COMP NO. IRCLK/48/2013) [2024] ZMHC 45 (3 April 2024)
The court found that the termination of the complainant's employment was not wrongful dismissal as it was effected in accordance with the contract's termination clause and without disciplinary action. However, the respondent breached the contract by unilaterally varying the complainant's salary and allowances without her consent, entitling her to damages for breach of contract equivalent to six months' salary with all perquisites.
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Francis Machakube and Ors v City University of Science and Technology (COMP/IRCLK/641 / 2020) [2024] ZMHC 115 (3 April 2024)
The High Court held that the employer wrongfully, unfairly and unlawfully dismissed four employees after they sued for salary arrears, awarding notice pay, exemplary damages and leave benefits.
Esther Chipasi and Mustapha Kwabena Osuman v Attorney General and Maureen Kakubo Mwanawasa (2023/HP/0848) [2024] ZMHC 63 (28 March 2024)
The intended respondent's alleged interest in the subject property is prima facie sufficient to warrant an order for joinder, to enable the court to effectually and completely determine the issues at trial.
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