Zambia Case Law

Milingo Lungu v The Attorney General and Anor (2022/CCZ/006)

Milingo Lungu v The Attorney General and Anor (2022/CCZ/006) [2024] ZMCC 5 (15 March 2024)

Court

Constitutional Court of Zambia

Case number

2022/CCZ/006

The Constitutional Court does not have jurisdiction to grant a stay of criminal proceedings in the Subordinate Courts; the single Judge's ruling granting such a stay was made without jurisdiction and is therefore a nullity.

Source excerpt

• Jurisdiction of constitutional court
• Stay of criminal proceedings
• Inherent jurisdiction
• Procedure for challenging single judge decisions

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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 Others (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 Others (Appeal No. 40 of 2023) [2024] ZMCA 12 (15 March 2024)

Court

Court of Appeal of Zambia

Case number

Appeal No. 40 of 2023

The lower court erred by delving into substantive issues at the leave stage of a derivative action, including conflict of interest and limitation, which should be reserved for the main action. The appeal is allowed, the lower court's ruling is set aside, and the matter is remitted for rehearing before a different judge.

Source excerpt

• Derivative actions
• Conflict of interest
• Locus standi
• Limitation of actions
• Multiplicity of proceedings

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Zambia Sugar Plc v Flywell Sichilaba (APPEAL NO. 87/2022)

Zambia Sugar Plc v Flywell Sichilaba (APPEAL NO. 87/2022) [2024] ZMCA 32 (15 March 2024)

Court

Court of Appeal of Zambia

Case number

APPEAL NO. 87/2022

Court of Appeal allowed the employer’s appeal, holding the trial court wrongly reviewed a disciplinary decision and relied on evidence not before the committee.

• Unfair dismissal
• Disciplinary proceedings
• Employment contract
• Burden of proof
• Unfair-dismissal
• Disciplinary-proceedings

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Kashikoto Conservancy Limited v Andrew Baldry (2019/HP/1116)

Kashikoto Conservancy Limited v Andrew Baldry (2019/HP/1116) [2024] ZMHC 145 (14 March 2024)

Court

High Court of Zambia

Case number

2019/HP/1116

The High Court dismissed a defamation claim after finding the plaintiff failed to prove that “Mushingashi Conservancy” was its trading name or that the statements referred to it.

• Libel
• Slander
• Corporate standing
• Fair comment defence
• Defamation
• Corporate-standing

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Davie Siulapwa (Suing as Donee of the special power of Attorney By Soteli Chisupa) v Wesley Chilubanama (2022/HP/1092)

Davie Siulapwa (Suing as Donee of the special power of Attorney By Soteli Chisupa) v Wesley Chilubanama (2022/HP/1092) [2024] ZMHC 252 (14 March 2024)

Court

High Court of Zambia

Case number

2022/HP/1092

The High Court of Zambia awarded unpaid salary arrears, subsistence allowance, and leave pay to a foreman in a dispute over employment at a construction project.

• Unpaid wages
• Subsistence allowance
• Leave pay
• Corporate liability
• Employment contract
• Unpaid-wages

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Dipesh J. Shah v Patents and Company Registration Agency and Ors (2022/HPC/0293)

Dipesh J. Shah v Patents and Company Registration Agency and Ors (2022/HPC/0293) [2024] ZMHC 219 (13 March 2024)

Court

High Court of Zambia

Case number

2022/HPC/0293

The plaintiff's preliminary objection under Order 14A was dismissed as the requirements for its invocation were not met and the issues raised would not determine the entire cause. The third parties' application to dismiss for abuse of court process was also dismissed as the existence of an arbitral award did not amount to abuse of process, since there was no evidence the sums had been recovered and the causes of action were different.

Source excerpt

• Abuse of process
• Preliminary objections
• Liquidation proceedings
• Enforcement of arbitral awards

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Royal Kafue Limited v Humphrey Kabinda (2023/HPC/0193)

Royal Kafue Limited v Humphrey Kabinda (2023/HPC/0193) [2024] ZMHC 224 (13 March 2024)

Court

High Court of Zambia

Case number

2023/HPC/0193

The High Court dismissed Royal Kafue Limited’s claim for USD 50,000 and fraud against two trust officials, finding the evidence insufficient and ordering each side to bear its own costs.

• Misappropriation of funds
• Fraudulent misrepresentation
• Fiduciary duties
• Corporate capacity
• Burden of proof
• Fraudulent-misrepresentation

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Dipesh J. Shah v Patents and Company Registration Agency and Ors (2022/HPC/0293)

Dipesh J. Shah v Patents and Company Registration Agency and Ors (2022/HPC/0293) [2024] ZMHC 218 (13 March 2024)

Court

High Court of Zambia

Case number

2022/HPC/0293

The High Court dismissed a preliminary objection and an abuse-of-process application, finding the claim distinct from an earlier arbitral award and not shown to be vexatious.

• Abuse of court process
• Preliminary objections
• Liquidation proceedings
• Enforcement of arbitral awards
• Abuse-of-court-process
• Preliminary-objections

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Wellington Chuula Matimba T/A Netsim Solutions and Logistics v Consortium of Copperbelt Mining Ventures Limited (2023/HPC/0291)

Wellington Chuula Matimba T/A Netsim Solutions and Logistics v Consortium of Copperbelt Mining Ventures Limited (2023/HPC/0291) [2024] ZMHC 225 (13 March 2024)

Court

High Court of Zambia

Case number

2023/HPC/0291

The High Court dismissed both a breach of contract claim and a counterclaim for fraudulent misrepresentation after finding the evidence insufficient on both sides.

• Breach of contract
• Burden of proof
• Fraudulent misrepresentation
• Costs
• Breach-of-contract
• Burden-of-proof

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Director of Public Prosecutions v Esther Nyawa Tembo Lungu (2023 /HPEF / 23)

Director of Public Prosecutions v Esther Nyawa Tembo Lungu (2023 /HPEF / 23) [2024] ZMHC 4 (11 March 2024)

Court

High Court of Zambia

Case number

2023 /HPEF / 23

The court found that the applicant demonstrated sufficient cause to summon the two bank officials to produce the relevant bank statements and testify, as their evidence is directly relevant and necessary for the just determination of the forfeiture application. The court held that this does not amount to re-litigation or abuse of process. On the stay application, the court found that the interested party failed to demonstrate exceptional circumstances or that her appeal would be rendered nugatory if proceedings continued, and thus refused to stay the proceedings.

Source excerpt

• Forfeiture of proceeds of crime
• Admissibility of evidence
• Stay of proceedings
• Affidavit evidence
• Interlocutory applications

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