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ZambiaLII is a reliable and timely source of judicial decisions, legislation, and statutory instruments. The Southern African Institute for Policy and Research (SAIPAR), an independent, educational, and development-oriented research centre, hosts ZambiaLII.
Recent Judgments
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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.
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11 March 2026 |
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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
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10 March 2026 |
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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.
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6 March 2026 |
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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.
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5 March 2026 |
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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.
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5 March 2026 |
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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.
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3 March 2026 |
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Filing a defence under the amended High Court Rules does not waive the right to challenge originating process irregularities.
Civil procedure – High Court Rules amended by S.I
No. 58 of 2020 – Order 11/1 – filing of defence does not waive right to challenge irregularity of writ; Practice Direction No. 4 of 1977 – period for entry of appearance – service of process on advocates; duty of trial courts to adjudicate all issues
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27 February 2026 |
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Acceptance of instalment payments varied the loan; duress not established; counterclaim for additional loan unproven.
Contract variation — instalment acceptance as mutual variation and consideration; Duress — threats to report or reminders not automatically vitiating consent; Burden of proof — counterclaim must be proved on balance of probabilities; Cheques and payment patterns as evidence of acknowledgement of debt and ongoing indebtedness.
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27 February 2026 |
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Whether a documented sale with option to repurchase was a disguised loan and if alleged upfront deductions were proved.
Property law – substance over form: sale with option to repurchase vs disguised loan; evidentiary requirement to authenticate handwritten documents; mesne profits/occupational fees for unauthorized occupation; discretionary award of costs to successful party.
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25 February 2026 |
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Appellant’s non-payment justified rescission and rental compensation; board‑resolution and Rent Act defences rejected.
Company law – authority to commence proceedings – board resolution only required if company’s articles so provide; Contract law – rescission for breach by non‑payment; Unjust enrichment – occupation without payment; Rent Act inapplicable to sale/rescission disputes; Civil procedure – case management and refusal to re-open/ amend pleadings.
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24 February 2026 |
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 |
Recent Gazettes
| 14 November 2025 | |
| 7 November 2025 | |
| 31 October 2025 | |
| 31 October 2025 | |
| 31 October 2025 |
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