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Recent Judgments

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
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
27 February 2026
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.
27 February 2026
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.
25 February 2026
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.
24 February 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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