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Recent Judgments

Lower court erred by ruling on a petition not before it and failing to decide the interlocutory stay; matter remitted for proper determination.
Constitutional jurisdiction; interlocutory stay of criminal proceedings; jurisdictional limits of civil courts; procedural fairness; volunteer ruling; remittal to lower court.
13 March 2026
Appellant proved defendant’s high-voltage breach caused fire; special damages unproven so nominal damages awarded.
Electricity supply — Breach of statutory duty (Regulations 6 & 8) — Excessive/high voltage — Causation — Metering point liability — Proof of special damages; nominal damages awarded.
11 March 2026
Specific performance affirmed; corporate veil piercing set aside; professional misconduct findings upheld.
Contract for sale of land — specific performance where title passed and purchaser in default; vacant possession — burden to prove squatters; notice to complete — elective remedy, not automatic rescission; legal practitioners — conflict of interest, professional misconduct; corporate personality — piercing veil only in exceptional fraud/sham circumstances.
11 March 2026
Specific performance granted only for available 2-acre title; assignments lodged during a subsisting caveat were irregular, and the balance refunded with interest.
Property law – contract of sale – extent of land sold – caveat effect – entries made during subsistence of caveat irregular; Limitation – land actions 12-year period; Specific performance – discretionary remedy and cannot affect rights of unjoined third-party title holders; Alternative damages – court must choose appropriate remedy.
11 March 2026
Plaintiffs proved false imprisonment and are awarded damages, but failed to prove malicious prosecution for lack of malice.
Malicious prosecution — elements: prosecution, favorable termination, absence of reasonable and probable cause, malice; False imprisonment — unlawful arrest, burden of proof; Damages — general, aggravated, exemplary; Effect of defendant's default on burden of proof.
11 March 2026
Leave to appeal granted due to significant procedural and substantive errors about an unsigned memorandum and the law on guarantees.
Civil procedure — Leave to appeal to Supreme Court under s.24(b) — Validity and effect of unsigned Memorandum of Appeal; Appellate jurisdiction and competence. Civil and contract law — Personal guarantees v performance bonds — construction of guarantees; conditional vs on-demand liability. Abuse of court process — institution of separate proceedings against guarantors. Public importance of appellate procedural regularity
10 March 2026
Appeal dismissed: occupation period, unjust enrichment, period-specific exchange rates and costs award were correctly applied by the assessor.
Assessment of damages – determination of occupation period and surrender by delivery of keys – unjust enrichment as bar to retaining benefit without restitution – conversion of foreign currency using period-specific Bank of Zambia rates – duty to mitigate – costs following the event.
6 March 2026
Defendant entitled to set off losses from thefts against unpaid invoices; exact losses to be assessed by the Registrar.
Contract/Commercial law – Guarding services – interpretation of deployment instruction (two officers per shift) – breach of duty of care/negligence – set-off under clause 6.4 – disputed invoice procedure (clause 6.3.3) – valuation of losses to be assessed by Registrar – interest and costs to abide assessment.
5 March 2026
Acting and responsibility allowances require formal appointment; whistleblower protection and constructive dismissal not established.
Employment law — acting and responsibility allowances — entitlement requires formal appointment; Whistleblower protection — good faith and procedural compliance required; Constructive dismissal — employee must prove employer’s conduct amounted to fundamental breach.
5 March 2026
Court dismissed both claim and counterclaim for want of prosecution due to inexcusable non-compliance with directions.
Civil procedure — dismissal for want of prosecution; failure to comply with orders for directions; inordinate/inexcusable delay; prejudice and risk to fair trial; dismissal of claim and counter-claim; costs — each party to bear own; leave to appeal granted.
3 March 2026
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Recent Legislation

Act 18 of 1980 1 January 9999
Statutory Instrument 11 of 2026 13 February 2026
Statutory Instrument 10 of 2026 30 January 2026
Statutory Instrument 7 of 2026 23 January 2026
Statutory Instrument 8 of 2026 23 January 2026
Statutory Instrument 6 of 2026 16 January 2026
Statutory Instrument 4 of 2026 9 January 2026
Statutory Instrument 5 of 2026 9 January 2026
Statutory Instrument 3 of 2026 9 January 2026
Statutory Instrument 2 of 2026 2 January 2026
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