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Zambia decisions
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Yunus Patel v Nicholas David Charles Action and 2 Ors (Appeal No.101/2024) [2025] ZMCA 100 (6 June 2025)
The Court of Appeal partly allowed an appeal over execution under a consent judgment, setting aside damages orders and the reinstatement order, but ordering assessment of alleged excess distress.
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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Airtel Networks Zambia Plc v National Housing Authority (2016/HPC/0453) [2020] ZMHC 429 (16 January 2020)
The court held that Airtel was liable for rent increased by notice, upheld the legality of distress for rent, but required the amount due to be ascertained.
Neira Investments Limited v Northern Province Co-operative and Marketing Union Limited (2019/HP/0454) [2019] ZMHC 34 (29 November 2019)
The plaintiff was a quarterly periodic tenant required to give three months' notice to quit, which was not done. The defendant lawfully issued a warrant of distress for outstanding rent. The plaintiff failed to prove any loss of business with sufficient evidence. The defendant's counterclaim for rental arrears succeeded.
Source excerpt
Mwansa v Mulilo (HP 2260 of 2016) [2017] ZMHC 1 (4 January 2017)
The High Court of Zambia awarded a landlord K11,000 in rent arrears and K500 in damages against a tenant, with costs, under the Rent Act.
Zambia Revenue Authority v Fazmac Agency Manufacturers Ltd (SCZ Appeal 2 of 1996) [1996] ZMSC 33 (14 May 1996)
The Supreme Court of Zambia upheld a stay of a tax distress warrant, holding the High Court could protect a party pending determination of the underlying motion.
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