Zambia Case Law

Moses Nkonde v The University of Zambia (2022/HP/1511)

Moses Nkonde v The University of Zambia (2022/HP/1511) [2024] ZMHC 131 (20 March 2024)

Court

High Court of Zambia

Case number

2022/HP/1511

The Plaintiff's dismissal was justified and fair as the Defendant followed the disciplinary procedure and the dismissal was for absenteeism, a valid and substantiated reason. Failure to conclude proceedings within three months or to communicate the decision within 21 days did not render the proceedings or dismissal a nullity. The Plaintiff is only entitled to outstanding emoluments, the quantum of which is to be assessed by the Deputy Registrar.

Source excerpt

• Wrongful dismissal
• Unfair dismissal
• Employment emoluments
• Disciplinary proceedings
• Contract of employment

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Bruno Mubanga and Ors v Lia Mpongo and Ors (CAZ APP/213/2021)

Bruno Mubanga and Ors v Lia Mpongo and Ors (CAZ APP/213/2021) [2024] ZMCA 18 (19 March 2024)

Court

Court of Appeal of Zambia

Case number

CAZ APP/213/2021

The Court of Appeal upheld refusal to amend a defence and counterclaim after the respondent had closed her case, finding the proposed fraud plea was a new cause of action.

• Amendment of pleadings
• Discretion of court
• Prejudice to parties
• Timing of amendments
• Amendment-of-pleadings
• Civil-procedure

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Dolomite Aggregates Limited v Paul Marais (APPEAL NO. 254/2021)

Dolomite Aggregates Limited v Paul Marais (APPEAL NO. 254/2021) [2024] ZMCA 260 (19 March 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 254/2021

The Court of Appeal held that contested WhatsApp messages, passport, and PACRA records were relevant, and that redaction issues went to weight, not admissibility.

• Admissibility of electronic evidence
• Relevance of documentary evidence
• Objection to production of documents
• Admissibility-of-electronic-evidence
• Relevance-of-documentary-evidence
• Objection-to-production-of-documents

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Lumana Mining Company Limited v Richard Kamboyi and Boyd Chavuma (APP/89/2022)

Lumana Mining Company Limited v Richard Kamboyi and Boyd Chavuma (APP/89/2022) [2024] ZMCA 16 (19 March 2024)

Court

Court of Appeal of Zambia

Case number

APP/89/2022

The Court of Appeal dismissed an appeal and cross-appeal over demolition of houses and land title reliefs, holding the appellant was bound by its admission in pleadings.

• Customary land tenure
• Conversion to leasehold
• Demolition of property
• Damages
• Pleadings and admissions
• Civil-procedure

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Alfred Chilinda v Konkola Copper Mines Plc (In Liquidation) (COMP/ IRDLK/ 398/ 2018)

Alfred Chilinda v Konkola Copper Mines Plc (In Liquidation) (COMP/ IRDLK/ 398/ 2018) [2024] ZMHC 32 (19 March 2024)

Court

High Court of Zambia

Case number

COMP/ IRDLK/ 398/ 2018

The High Court’s Industrial Relations Division stayed an employment complaint against a company in liquidation, holding that leave was required before the case could proceed.

• Stay of proceedings
• Company liquidation
• Jurisdiction
• Legal representation
• Stay-of-proceedings
• Company-liquidation

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Dolomite Aggregates Limited v Paul Marais (APPEAL NO. 254/2021)

Dolomite Aggregates Limited v Paul Marais (APPEAL NO. 254/2021) [2024] ZMCA 73 (19 March 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 254/2021

The Court of Appeal held that the disputed documents were relevant to the pleaded issue of coercion and that redaction in electronic messages went to weight, not admissibility.

• Admissibility of electronic evidence
• Relevance of documentary evidence
• Best evidence rule
• Authentication of data messages
• Admissibility-of-electronic-evidence
• Relevance-of-documentary-evidence

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Konkola Copper Mines (In Liquidation) v Jonas Musonda (Appeal 45/2022)

Konkola Copper Mines (In Liquidation) v Jonas Musonda (Appeal 45/2022) [2024] ZMCA 356 (18 March 2024)

Court

Court of Appeal of Zambia

Case number

Appeal 45/2022

There was insufficient evidence to support that the respondent was substantively appointed as SOU Manager under salary scale KCM 6 or that acting appointments constituted a binding contract for such entitlements; the evidence showed only defined, non-continuous acting appointments under salary scale KCM 5.

Source excerpt

• Acting appointments
• Employment entitlements
• Binding contracts
• Salary scales
• Retirement benefits

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Urban Brands Asset Management Limited and Anor v Impala Hotels and Suites Ndola Limited and Ors (2024/HPC/0063)

Urban Brands Asset Management Limited and Anor v Impala Hotels and Suites Ndola Limited and Ors (2024/HPC/0063) [2024] ZMHC 310 (18 March 2024)

Court

High Court of Zambia

Case number

2024/HPC/0063

The application for leave to appeal was procedurally incompetent as no grounds were stated in the summons, and lacked merit as no realistic prospects of success on appeal were demonstrated.

Source excerpt

• Leave to appeal
• Mode of commencement
• Statutory application
• Companies act

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Emmanuel Mwamba (Suing in his capacity as Director and Shareholder of Rephidim Mining Supplies and Technical Services Limited) v Cosmas Tembo and Ors (Appeal No. 40 of 2023)

Emmanuel Mwamba (Suing in his capacity as Director and Shareholder of Rephidim Mining Supplies and Technical Services Limited) v Cosmas Tembo and Ors (Appeal No. 40 of 2023) [2024] ZMCA 64 (15 March 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 40 of 2023

The Court of Appeal set aside a ruling on a derivative-action leave application, holding that contested issues should not have been finally resolved at the leave stage.

• Derivative actions
• Conflict of interest
• Locus standi
• Statute of limitations
• Multiplicity of actions
• Derivative-actions

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Total Energies Marketing Zambia Ltd v Sheila Kalubi (Sued in her Capacity as Ministry of President for the Trinity Family Centre) and Ors (2024/HPC/0093)

Total Energies Marketing Zambia Ltd v Sheila Kalubi (Sued in her Capacity as Ministry of President for the Trinity Family Centre) and Ors (2024/HPC/0093) [2024] ZMHC 167 (15 March 2024)

Court

High Court of Zambia

Case number

2024/HPC/0093

High Court ruling on an interlocutory injunction in a land trespass dispute over Plot 268, Mazabuka, involving a service station and a church structure.

• Interlocutory injunctions
• Trespass
• Title to land
• Balance of convenience
• Interlocutory-injunctions
• Trespass-to-land

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