Maybin Mutale and John Sichalwe v The People (APPEAL 42,43/2023) [2024] ZMCA 96 (28 March 2024)
Court
Court of Appeal of Zambia
Case number
APPEAL 42,43/2023
The Court of Appeal upheld one murder conviction but quashed the other, finding the first appellant’s circumstantial evidence sufficient and the second’s unsafe.
Clara Chimfwembe (In her capacity as Executrix of the Estate of the late Donald Chimfwembe) v Hellen Mutale Chimfwembe (In her own and on behalf of Mwansa Chimfwembe, Kafwimbi Chimfwembe Mumbi Chimfwembe & Donald Chimfwembe Jnr. being beneficiaries of the Estate of the late Donald Chimfwembe) (CAZ Appeal No.015/2021) [2024] ZMCA 180 (28 March 2024)
Court
Court of Appeal of Zambia
Case number
CAZ Appeal No.015/2021
The Court of Appeal upheld a finding that a will was forged, dismissed the appeal, and confirmed that the estate should be administered intestate.
AB Bank Zambia Limited v Margaret Malambo and Anor (2023/HPC/0882) [2024] ZMHC 208 (27 March 2024)
Court
High Court of Zambia
Case number
2023/HPC/0882
The High Court enforced an equitable mortgage after the borrowers admitted default, awarding judgment for the outstanding loan balance, interest, foreclosure, and possession orders.
Ng'andu Consulting Limited v The Attorney General (2023/HP/1232) [2024] ZMHC 175 (26 March 2024)
Court
High Court of Zambia
Case number
2023/HP/1232
The dispute arises from a contractual relationship and concerns private law rights, not public law functions. Judicial review is not available for such matters, and the application was improperly commenced. The court therefore lacks jurisdiction to grant the reliefs sought.
Benson Mwakeso and Anor v The People (Appeal No. 10,11/2022) [2024] ZMCA 42 (26 March 2024)
Court
Court of Appeal of Zambia
Case number
Appeal No. 10,11/2022
The convictions were unsafe because the trial court erred in relying on uncorroborated accomplice evidence, failed to seek corroboration or special and compelling circumstances, and there were material gaps and discrepancies in the prosecution's case, including lack of identification of the deceased, the vehicle, and absence of phone records linking the appellants to the crime.
Patrick Mwanza v Deborah C Sefuka (2024/HPPF/D020) [2024] ZMHC 272 (25 March 2024)
Court
High Court of Zambia
Case number
2024/HPPF/D020
The High Court of Zambia granted a divorce where the spouses had lived apart for at least five years. The decree nisi becomes absolute after six weeks.
Mahesh Popat v Resham Maheshbha Popat (APP. NO. 69 OF 2023) [2024] ZMCA 355 (21 March 2024)
Court
Court of Appeal of Zambia
Case number
APP. NO. 69 OF 2023
Inclusion of extraneous material in the record of appeal rendered it defective but not fatally so; the defect is curable by expunging the irrelevant portions. Late service of the record and heads of argument without leave is a breach of a regulatory rule, not fatal, and can be cured by granting leave to serve out of time. The appeal should not be dismissed on either ground.
Yande Mwenya (In her capacity as member of Crowe Horwath Welsa Accountants Zambia Limited) v Crowe Horwath Welsa Accountants Zambia Limited (2023/HPC/0819) [2024] ZMHC 5 (20 March 2024)
Court
High Court of Zambia
Case number
2023/HPC/0819
High Court of Zambia ordered winding up of a company formed to provide accountancy services without proper licensing, finding unlawful purpose and just-and-equitable grounds.
Kausa Mwachindalo and Anor v Mathews Musona and Ors (APPEAL NO. 1/2021) [2024] ZMSC 1 (20 March 2024)
Court
Supreme Court of Zambia
Case number
APPEAL NO. 1/2021
The Supreme Court (majority) held that the Bundabunda chieftaincy succession is rotational among the Mulonga, Tubi-Kalifu, and Kashimbi royal families. The Court found that the Kashimbi family is eligible to ascend to the throne, based on the totality of evidence including oral tradition, the existence of ten clay pots representing past chiefs, and the joint report signed by the Tubi-Kalifu and Kashimbi families. The Court upheld the nullification of Fickson Chikweleti's installation and ordered that the chieftaincy now rotates to the Kashimbi family, specifically to David Musona. The Court f…
Mukulu Dairies Limited v Lactalis Zambia Limited and Anor (2021/HPC/0403) [2024] ZMHC 177 (20 March 2024)
Court
High Court of Zambia
Case number
2021/HPC/0403
The Respondents failed to demonstrate any realistic prospects of success on appeal as the law and binding jurisprudence support originating summons as the correct mode of commencement and the exercise of discretion on costs was justified given their conduct at mediation.