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Zambia decisions
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Thabani Walima v Sibeso Ingombe and Anor (2023/HP/1292) [2025] ZMHC 109 (25 November 2025)
The High Court dismissed an application to stay execution of a writ of elegit, finding no arguable defence on the merits and no sufficient explanation for default.
Gabbs Mukuwa Sichibbalo (Suing in his capcity as administrator of the esate of the late Moses Mudenda Sichibbalo) v Kelvin Kaunda (2023/HPC/0104) [2025] ZMHC 77 (29 September 2025)
The High Court dismissed an application to set aside a judgment entered in the defendant’s absence, finding no sufficient cause for non-attendance at trial.
Attorney General v Pythias Simukonda (Appeal No. 180/2023) [2025] ZMCA 117 (20 August 2025)
The Court of Appeal set aside a default judgment against the State for non-compliance with section 22 of the State Proceedings Act and sent the matter back for trial.
Queens Cash Finance Limited v Krestah Hanongo Muchindu Kanene (Application/64/2024) [2025] ZMCA 47 (27 February 2025)
The respondent duly filed and served his heads of argument, and their absence from the record was due to an administrative error not attributable to him. Not considering his arguments interfered with his right to be heard. In the absence of malafides or dilatory conduct, the right to be heard takes precedence, warranting the setting aside of the judgment.
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Peter Mutale v Davies Mukumbwa (Appeal No.24/2024) [2025] ZMCA 10 (24 January 2025)
The affidavit sworn by the appellant in South Africa was not authenticated as required by section 3 of the Authentication of Documents Act, rendering it fundamentally defective and inadmissible as evidence. The lower court was correct in expunging the affidavit and refusing to set aside the judgment on admission. The appeal was dismissed as the only valid ground failed.
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Peter Mutale v Davies Mukumbwa (Appeal No.24/2024) [2025] ZMCA 79 (24 January 2025)
An affidavit executed outside Zambia and not authenticated in accordance with section 3 of the Authentication of Documents Act is fundamentally defective and cannot be used as evidence in Zambian proceedings. The lower court was correct in expunging the unauthenticated affidavit. The appeal was dismissed as the only valid ground related to the affidavit's admissibility, and the appellant's other grounds were incompetent for being argumentative and narrative.
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Albatross Mining Limited v Zamastone Limited and Ors (2024/HP/1527) [2024] ZMHC 282 (3 December 2024)
The Plaintiff failed to demonstrate good and sufficient grounds or high prospects of success in the application to set aside the Partial Consent Judgment. The existence of legal representation for the Plaintiff at the time of entering the Consent Judgment undermined the argument of lack of comprehension. Therefore, there is no justification to deny the Defendants immediate enjoyment of the judgment.
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Percy Mussa v William Tembo (2020/HP/0448) [2024] ZMHC 280 (28 November 2024)
The defendant demonstrated an arguable defense on the merits regarding the legality of the seizure of goods under a warrant of distress, which outweighs the lack of a convincing explanation for the default. Therefore, the default judgment should be set aside.
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Bwalya Lumbwe v Ronald Simwinga (DR) (Appeal No. 96 of 2024) [2024] ZMCA 281 (31 October 2024)
The Court of Appeal dismissed an appeal against refusal to set aside judgment entered in the appellant’s absence, finding no sufficient cause and upholding case management discretion.
Panicco Engineering Limited v Marks Industries Limited (Appeal No. 292/2022) [2024] ZMCA 241 (10 September 2024)
The Court of Appeal held that a default judgment against one defendant could be set aside where the claim was intertwined with claims against other defendants and liability had to be determined together.
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