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Zambia Case Law

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Civil procedure [2024] ZMCA 140

Lusaka Premier Health Clinic Ltd and Anor v Murray and Roberts Construction Ltd and Anor (APPLICATION NO. SCZ/8/30/2023)

Lusaka Premier Health Clinic Ltd and Anor v Murray and Roberts Construction Ltd and Anor (APPLICATION NO. SCZ/8/30/2023) [2024] ZMCA 140 (11 March 2024)

The Supreme Court dismissed a renewed stay application, holding it was incompetent because there was no formal High Court ruling to appeal from or renew.

  • Stay of execution
  • Jurisdiction
  • Permission to appeal
  • Interlocutory applications
  • Stay-of-execution
  • Permission-to-appeal
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Constitutional law [2024] ZMHC 143

The People v Judicial Complaints Commission, Vincent Blacksin Malambo, Chad H. Muleza, Dean A. Mwansa Mumba and The Attorney General Ex Parte (Timothy Katanekwa) (2024/HP/0262)

The People v Judicial Complaints Commission, Vincent Blacksin Malambo, Chad H. Muleza, Dean A. Mwansa Mumba and The Attorney General Ex Parte (Timothy Katanekwa) (2024/HP/0262) [2024] ZMHC 143 (11 March 2024)

The High Court lacks jurisdiction to grant leave for judicial review where the relief sought requires interpretation of non-Bill of Rights constitutional provisions. Such matters fall within the exclusive jurisdiction of the Constitutional Court under Article 128 of the Constitution. The applicant's grounds—illegality, excess of jurisdiction, and procedural impropriety—require interpretation of Articles 142(2), 144(1), and 236(2) of the Constitution, which this court cannot undertake. The application is therefore dismissed for want of jurisdiction.

  • Jurisdiction of high court
  • Interpretation of constitution
  • Removal of judges
  • Judicial complaints commission powers
  • Procedural impropriety
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Criminal law [2024] ZMHC 3

Director of Public Prosecutions v Milingo Lungu and Anor (2023/HPEF/10)

Director of Public Prosecutions v Milingo Lungu and Anor (2023/HPEF/10) [2024] ZMHC 3 (7 March 2024)

The High Court refused leave to file a rejoinder affidavit and refused cross-examination of a deponent in a non-conviction forfeiture matter.

  • Forfeiture of proceeds of crime
  • Money laundering
  • Affidavit practice
  • Cross-examination
  • Interlocutory applications
  • Asset-forfeiture
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Company law [2024] ZMHC 308

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

Urban Brands Asset Management Limited and Anor v Impala Hotels and Suites Ndola Limited (2024/HPC/0063) [2024] ZMHC 308 (7 March 2024)

The action was commenced by the wrong procedure (writ of summons and statement of claim) instead of originating summons as required for statutory applications under section 134 of the Companies Act. The court therefore lacked jurisdiction to grant the substantive reliefs sought, rendering the action a nullity.

  • Oppression remedy
  • Mode of commencement
  • Jurisdiction
  • Costs
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Employment law [2024] ZMHC 40

Estele Chirwa v Roland Imperial Tobacco (2023 / HPIR/ 0517)

Estele Chirwa v Roland Imperial Tobacco (2023 / HPIR/ 0517) [2024] ZMHC 40 (7 March 2024)

The termination of the complainant's employment was unlawful and unfair because the respondent failed to provide a valid reason for termination as required by statute, despite giving notice. The complainant is entitled to damages, underpayment, leave days, severance pay, gratuity, and partial reimbursement of medical expenses, but not to compensation for the accident itself or notice pay.

  • Unlawful termination
  • Unfair dismissal
  • Leave entitlement
  • Gratuity
  • Severance pay
  • Minimum wage
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Administrative law [2024] ZMHC 106

Abel Ng'andu and Ors v Engineering Institution of Zambia (2022/HP/1214)

Abel Ng'andu and Ors v Engineering Institution of Zambia (2022/HP/1214) [2024] ZMHC 106 (6 March 2024)

The High Court quashed the Engineering Institution of Zambia’s decision to annul an entire council election after one petition, finding illegality and unfairness.

  • Judicial review
  • Natural justice
  • Election law
  • Procedural impropriety
  • Judicial-review
  • Natural-justice
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Criminal law [2024] ZMSC 22

George Banda v The People (APPEAL NO. 51/2022)

George Banda v The People (APPEAL NO. 51/2022) [2024] ZMSC 22 (6 March 2024)

The Supreme Court upheld a court-martial conviction of a Zambia Air Force officer for signing false documents, finding the evidence sufficient and no miscarriage of justice.

  • False documents
  • Burden of proof
  • Court-martial procedure
  • Evidence
  • Right to fair trial
  • Court-martial-procedure
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Civil procedure [2024] ZMCA 33

Tiger Animal Feeds Limited v Collins Bowa & 7 Others (Appeal No. 136 of 2022)

Tiger Animal Feeds Limited v Collins Bowa & 7 Others (Appeal No. 136 of 2022) [2024] ZMCA 33 (29 February 2024)

The Registrar's failure to hear the Appellant before granting leave to file a complaint out of time violated the right to be heard and the principles of natural justice. The High Court Judge failed to address this error and did not provide adequate reasons for upholding the Registrar's decision. The matter must be remitted for a proper hearing.

  • Right to be heard
  • Extension of time
  • Natural justice
  • Judicial discretion
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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.