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Recent Judgments

Issac Mwanza and Anor v Chitalu Chilufya and Ors (2026/HP/EP/002) [2026] ZMHC 73 (3 June 2026) Failure to file mandatory skeleton arguments and authorities with a nomination petition divests the court of jurisdiction. Election Law — Nomination Petitions — Requirement to file skeleton arguments, list of authorities and supporting documents with the petition — High Court (Election Petition) Rules r 4(3) Civil Procedure — Jurisdiction — Mandatory procedural requirements — Effect of non-compliance with statutory "shall" provisions divests court of jurisdiction and renders proceedings incompetent	3 June 2026
The People v Muyunda Nyambe (2SPN/160/24) [2026] ZMSUB 7 (28 May 2026) The accused person used public office to secure his sister's appointment—convicted of abuse, forgery and uttering; acquitted on one count. Anti‑corruption law — Abuse of authority — Use of public office to obtain advantage for a relative — Anti‑Corruption Act s21(1)(b) and s21(2) Criminal law — Forgery — Making a false document with intent to deceive — Penal Code s342/s347 — Uttering false documents — Use, dealing with and inducing action upon false documents — Penal Code s4/s352	28 May 2026
Morgan Naik v Amadeus International Limited (CAZ/08/309/2023) [2026] ZMCA 87 (27 May 2026) Stay of taxation dismissed because taxation related to a distinct cause and the pending appeal could not affect it. Civil Procedure — Stay of Proceedings — Stay of taxation proceedings pending appeal in unrelated cause — Appeal does not automatically stay execution — Order 59/13 Rules of the Supreme Court	27 May 2026
Massmart Retail (Pty) Limited t/a Builders Warehouse v Bema Bah Engeneering Limited (2023/HPC/0755) [2026] ZMHC 70 (22 May 2026) The defendant’s non-payment under a credit agreement constituted breach; interest, not general damages, was the proper remedy. Contract Law — Sale of Goods — Credit agreement and delivery — Existence of contract and proof of delivery — Sale of Goods Act s 28 Remedies — Measure of Damages — Non-payment of money — Interest as appropriate compensation for breach	22 May 2026
Henry Nyambe and Others v Lumwana Mining Company Limited (APPEAL NO. 17/2025) [2026] ZMSC 11 (22 May 2026) Failure to consult before redundancy warrants compensation, but an appellate court rightly reduced an excessive award. Employment law — Redundancy — Employer's duty to consult employees prior to redundancy — Remedies for breach of consultation obligation (Employment Code Act s.55) — Measure of compensation — Distinction between award for wrongful termination and compensation for failure to perform contractual/statutory consultation obligation Civil procedure — Assessment of damages on appeal — Appellate restraint and the Kawimbe principles for interfering with trial judge's award of damages	22 May 2026
Global Mircro Finance SA and Ors v Enko Africa Private Equity Fund Limited (2025/HP/ARB/026) [2026] ZMHC 72 (18 May 2026) Whether enforcement of security documents is arbitrable when enforcement depends on breaches under an arbitration‑governed sale agreement. Arbitration Law — Interim Measures — Mode of commencement where enforcement of securities derives from an arbitration‑governed sale agreement — Arbitration Act s 11 Civil Procedure — Vacation Filing — Leave to file during Michaelmas vacation — High Court Rules Order 49 r 3; Order 2 r 4	18 May 2026
Aggrey Chisanga v Grace Samasumo (2024/HP/A/063) [2026] ZMHC 69 (18 May 2026) A pre‑marital house can be adjusted for divorce where the appellant made substantial post‑marital contributions; remitted for valuation. Family law — Matrimonial property — Pre‑marital acquisition rendered amenable to adjustment by post‑marital contributions — Matrimonial Causes Act s55(1)(b) — Property adjustment — Apportionment of shares — Insufficient evidence requires remittal for inquiry and valuation	18 May 2026
Dr. Patrick Nkanza v Anti-Corruption Commission (2023/HP/0891) [2026] ZMHC 66 (18 May 2026) Plaintiff succeeds in malicious prosecution claim; defamation claim fails for lack of proof of defamatory effect. Civil — Malicious prosecution — Elements and proof — Termination in claimant's favour; absence of reasonable and probable cause; malice — Defamation (libel) — Publication and defamatory effect — Requirement to adduce evidence of impact on right‑thinking members of society	18 May 2026
Tubombeshe Mining Limited v Seals Systems [Z] Limited and Another (APPEAL No.122/2025) [2026] ZMCA 85 (14 May 2026) Whether bank transfer narrations established payments for emeralds versus a loan repayment, warranting reduction of the judgment sum. Contract Law — Sale of Goods — Characterisation of bank transfer narrations as evidence of consideration for purchase versus loan repayment — Weight of remittance narrations in proving contract terms Mining Law — Mineral Trading Permit — Non‑compliance with Mines and Minerals Development Act s.44 does not extinguish obligation to repay monies Civil Procedure / Remedies — Interest on foreign‑currency judgment — LIBOR/SOFR transition and appropriate interest commencement date	14 May 2026
Barak Fund SPC Limited v The Attorney General and Grandview International Limited (APPEAL No./79/2025) [2026] ZMCA 83 (14 May 2026) A later deed's exclusive court clause governs disputes; a non‑party cannot be compelled to arbitrate and no multiplicity arose. Civil Procedure — Multiplicity of Actions — When a later claim arising after earlier proceedings amounts to multiplicity Arbitration — Forum Selection Clauses — Conflicting dispute resolution clauses; later-in-time clause and center of gravity Jurisdiction — Non-party to Arbitration — Whether a party not privy to an arbitration agreement can be bound to arbitrate	14 May 2026

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Recent Legislation

Patents (Amendment) Act, 1980	Act 18 of 1980	1 January 9999
Road Traffic (Public Service Vehicles) (Restriction on Night Driving) (Revocation) Order, 2026	Statutory Instrument 27 of 2026	20 April 2026
Banking and Financial Services (Liquidity Coverage Ratio) Directives, 2026	Government Notice 663 of 2026	17 April 2026
Customs and Excise (Customs Clearing and Forwarding Agents) Regulations, 2026	Statutory Instrument 25 of 2026	17 April 2026
Investment, Trade and Business Development (Development of Premises and Operation of Business) Regulations, 2026	Statutory Instrument 26 of 2026	17 April 2026
Value Added Tax (General) (Amendment) (No. 2) Rules, 2026	Government Notice 638 of 2026	16 April 2026
Industrial Designs (Registration) Regulations, 2026	Statutory Instrument 23 of 2026	10 April 2026
National Payment System Act, 2026 Uncommenced	Act 5 of 2026	8 April 2026
Agricultural Credits and Warehouse Receipts Act, 2026 Uncommenced	Act 7 of 2026	8 April 2026
Zambia Deposit Insurance Corporation Act, 2026 Uncommenced	Act 11 of 2026	8 April 2026

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Recent Gazettes

Zambia Government Gazette dated 2026-04-30 number 7915	30 April 2026
Zambia Government Gazette dated 2026-04-30 number 7916	30 April 2026
Zambia Government Gazette dated 2026-04-24 number 7912	24 April 2026
Zambia Government Gazette dated 2026-04-24 number 7913	24 April 2026
Zambia Government Gazette dated 2026-04-24 number 7911	24 April 2026