Results.
2,111 judgments found.
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| June 2026 |
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Leave to appeal does not excuse late filing; failure to secure further leave renders the appeal incompetent.
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Civil Procedure — Appeals — Filing Time Limits and Leave to Appeal Out of Time — Effect of failure to file within prescribed period
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29 June 2026 |
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Whether a collective‑agreement gratuity can ground retention on payroll under Article 189 and the Employment Code.
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Civil Procedure — Stay of Execution — Criteria for granting a stay pending appeal — Order 10 r 5, Court of Appeal Rules, 2016
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Employment Law — Collective Agreements — Retention on payroll for gratuity — Interpretation of "in accordance with the current law" and interplay with Article 189 and s 73 Employment Code Act No. 3 of 2019
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29 June 2026 |
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A Certificate of Title may be cancelled for fraud only where the party alleging fraud proves it clearly and strictly.
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Land Law — Title and Registration — Cancellation of Certificate of Title for Fraud or Impropriety — Burden and Standard of Proof under Lands and Deeds Registry Act ss 33–34
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Civil Procedure — Evidence and Pleadings — Failure to Prosecute Counter‑Claim and Absence of Evidence — Court Cannot Cancel Title Without Clear Proof
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26 June 2026 |
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Court granted leave to apply for stay of execution out of time, reversing the single judge's refusal.
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Civil Procedure
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Appeals — Stay of Execution Pending Appeal — Leave to Apply Out of Time
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Extension of Time — Delay Attributable to Counsel — Generally Not a Sufficient Excuse
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Court of Appeal Discretion — Section 9(b) Court of Appeal Act; Order 13 Court of Appeal Rules
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26 June 2026 |
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Stay of execution denied: applicant failed to show appeal prospects and special circumstances to justify halting pension assessment payment.
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Civil Procedure — Stay of Execution — Requirements: appeal prospects and special/compelling circumstances — Order X r4(5) Court of Appeal Rules
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Pension Law — Assessment of Benefits — Application of Supreme Court directions and appropriate actuarial valuation method
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26 June 2026 |
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26 June 2026 |
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Court discharged ex-parte stay pending appeal due to non-disclosure, forum shopping, and judicial comity concerns.
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Civil Procedure
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Stay of Execution Pending Appeal — Whether stay should be granted where appeal would be rendered nugatory
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Ex-parte Relief — Duty of Full and Frank Disclosure — Non-disclosure as ground for discharge
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Judicial Comity — Horizontal Overruling and Forum Shopping — Single judge cannot override colleague's decision
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25 June 2026 |
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Court refused to expunge late-served heads of argument, allowing the appeal to proceed on its merits.
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Civil Procedure — Appeals — Filing and service of heads of argument — Whether late-filed heads should be expunged — Court's discretion to overlook procedural breaches where no tangible prejudice — Court of Appeal Rules 2016, Order 10 r 9(16); Constitution Art 118(2)(e)
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25 June 2026 |
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Stay of execution refused where appeal lacked prospects of success and no special circumstances were demonstrated.
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Civil Procedure — Stay of Execution Pending Appeal — Discretionary remedy — Consideration of prospects of success and irreparable harm — Court of Appeal Rules/authorities
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23 June 2026 |
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Court granted extension of time to appeal and a stay of execution to prevent the appeal becoming nugatory.
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Civil Procedure
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Appeal Out of Time — Extension of time: sufficient reason, promptness and delay due to former counsel
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Stay of Execution — Whether to grant: arguable appeal, risk of nugatory outcome and balance of convenience
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Property Law — Trespass and Possession — Protection of subject matter pending appeal to prevent irreversible prejudice
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19 June 2026 |
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Application to amend cross‑appeal refused for unexplained two‑year delay; costs awarded to appellant.
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Civil Procedure — Appeals — Amendment of Notice of Cross Appeal — Leave to amend after inordinate delay — Court of Appeal Rules (Order VIII; Order X)
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18 June 2026 |
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Court granted stay of execution pending appeal where appeal had reasonable prospects and special circumstances existed.
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Civil Procedure
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Stay of Execution — Granting stay pending appeal where appeal has reasonable prospects and risk of rendering appeal nugatory
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Originating Summons — Resolution of admitted debts and discretion under Order 30 Rule 11(j) of the High Court Rules
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18 June 2026 |
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Single judge lacked jurisdiction to set aside an ex‑parte leave and stay; unauthorised firms ordered to pay costs.
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Civil Procedure
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Jurisdiction — Competence of single Judge to set aside ex‑parte orders — Preliminary objection succeeds
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Ex‑parte orders — Leave to appeal and stay — Procedure for setting aside or discharge
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Costs — Representation — Advocates acting without instructions liable for costs — Exception for properly instructed counsel
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17 June 2026 |
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Appeal dismissed for want of prosecution where appellants failed to seek timely extension after prolonged non‑compliance.
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Civil Procedure
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Appeals — Dismissal for want of prosecution — Exercise of discretion under Order X r 7 and requirement to comply with Order 10 r 6 CAR
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Extension of Time — Formal application under Order XIII r 3 CAR — Duty to apply promptly when non‑compliance anticipated
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Constitutional Law — Procedural Technicalities — Article 118(2)(e) not a blanket override of procedural rules; applies only to prevent manifest injustice
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16 June 2026 |
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Court stayed lower court judgment pending appeal to prevent appeal being rendered nugatory due to unadmitted evidence.
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Civil Procedure
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Arrest of Judgment Pending Appeal — Discretion to stay judgment to prevent appeal becoming nugatory
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Procedure Before Court of Appeal — Applications to a Single Judge — Order VII Rule 2
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Evidence — Admission of Witness Statements and Cross‑Examination — Effect on Fair Trial and Appeal
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16 June 2026 |
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Court granted stay pending appeal where appeal raised a prima facie challenge to interest calculations under the Money Lenders Act.
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Civil Procedure
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Stay of Execution Pending Appeal — Prospects of success and whether refusal renders appeal nugatory — Application of appellate preview test
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Security for Costs — Availability under Rules of the Supreme Court (Order 59/10/40) and creditor's procedural obligation
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Contract/Statutory Interest — Money Lenders Act — Legality of interest computation and statutory caps on recoverable interest
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16 June 2026 |
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The applicant's appeal was dismissed for want of prosecution after failing to file the record and heads within 60 days.
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Civil Procedure
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Appeal — Dismissal for want of prosecution — Failure to file record of appeal and heads within prescribed 60 days — Discretion under Court of Appeal Rules Order 10 Rule 7
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Delay — Intentional or contumelious default and inordinate delay — Requirement of prejudice or risk to fair trial as precondition for dismissal
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12 June 2026 |
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Failure to serve the record of appeal and heads within 14 days without leave renders the appeal incompetent and dismissed.
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Civil Procedure —
Appeals
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Service of record of appeal and heads of argument — Requirement to serve within 14 days — Court of Appeal Rules Order 10 Rule 9(9)
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Leave to serve out of time — Failure to apply renders late service a nullity and appeal incompetent
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12 June 2026 |
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Out-of-time leave refused where procedural sequence under Order 13 was not followed and delay was inadequately explained.
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Civil Procedure
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Appeals — Extension of time for filing application for leave to appeal out of time — Requirement to obtain leave where both 14-day and further 21-day periods have expired — Order 13 Rule 3(2) and (3)
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Rules of Court — Procedural compliance — Application incompetent where prescribed procedural sequence is not followed
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11 June 2026 |
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Appellant failed to prove encroachment and lacked a cause of action against the alleged occupier; appeal dismissed.
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Land Law — Tort — Trespass/Encroachment — Burden of proof in civil encroachment claims
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Civil Procedure — Pleadings/Locus standi — Requirement to sue registered proprietor to disclose cause of action
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Evidence — Survey Reports — Weight and verification of surveys and coordinates
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5 June 2026 |
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Slip rule may correct a costs order to align the judgment with the court's true intention.
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Civil Procedure
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Slip Rule (Order 20/11/1 RSC) — Correction of judgments not reflecting court's intention
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Costs — Joinder by court — Liability for costs when a party is joined by court order
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5 June 2026 |
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A withdrawn appeal relaunched without leave under Order X r12(4) is incompetent; preliminary objections may be raised before the record is filed.
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Civil Procedure —
Appeals
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Withdrawal and Restoration — Whether a withdrawn appeal may be relaunched without leave under Order X r12(4) of the Court of Appeal Rules
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Preliminary Objection — Whether Order XIII r5(1) prevents raising objections before the record of appeal is filed
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5 June 2026 |
| May 2026 |
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A board resolution filed late without leave and without giving the respondent opportunity to reply cannot support an appeal against gratuity entitlement.
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Civil Procedure
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Industrial relations — Admission of further affidavit after close of case — Right to be heard — Improper introduction of a board resolution
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Court's duty to regulate its procedure — Ensuring substantial justice without prejudice to either party
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Employment Law — Gratuity — Contractual gratuity rate dispute — Validity and admissibility of board resolution filed late
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28 May 2026 |
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Leave granted to appeal so Supreme Court can clarify jurisdictional effect of defective records of appeal.
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Civil Procedure —
Appeals
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Defective or Incomplete Record of Appeal — Whether missing transcripts affect jurisdiction and proper determination of appeal — Court of Appeal Act s 13
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Leave to Appeal to Supreme Court — Public interest and reasonable prospects as threshold for leave — Court of Appeal Act s 13
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28 May 2026 |
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Delay excused but intended appeal lacked reasonable prospects; leave out of time and stay were refused.
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Civil Procedure
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Appeals — Leave to appeal out of time — Requirement to show sufficient cause and reasonable prospects of success
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Stay of Execution — Granting a stay depends on leave to appeal and whether the order is capable of being stayed
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27 May 2026 |
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A non‑civil‑servant occupant was not eligible to buy a government pool house; title stood and mesne profits were inappropriate.
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Property Law — Government Pool Houses — Eligibility to Purchase — Role of Sitting Tenant and Civil Servant Status — Cabinet Circular No.12 of 1996
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Land Law — Certificate of Title — Prima Facie Proof of Ownership; Challenge Requires Clear Proof of Fraud or Impropriety — Lands and Deeds Registry Act ss33–34
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Remedies — Mesne Profits — Award Requires a Landlord–Tenant Relationship or Established Tenancy
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27 May 2026 |
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Failure to comply with mandatory appellate service rules warranted dismissal of the appeal and costs against interested parties' practitioners.
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Civil Procedure
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Appeal
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Service of Notice and Memorandum of Appeal — Mandatory compliance with Court of Appeal Rules Order 10 r 3(9)
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Service of Record and Heads of Argument — Proper personal or authorised service required; informal arrangements insufficient
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Costs — Personal liability of legal practitioners — Counsel may be ordered to pay costs where conduct in failing to effect proper service is improper or negligent
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27 May 2026 |
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Stay of taxation dismissed because taxation related to a distinct cause and the pending appeal could not affect it.
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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
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27 May 2026 |
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A grant of administration obtained on an essential untrue statement may be revoked, but contributors to property can claim equitable interest.
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Succession Law — Administration of Estates — Revocation of letters of administration obtained by an untrue statement — Intestate Succession Act ss 15, 29
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Property Law — Contributions to Matrimonial Property — Equitable relief for improvements and unjust enrichment — High Court Act s 13; Jimminny Walker authority
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Civil Procedure — Determination of Beneficiaries — Duty to identify dependents and minor interests before distribution
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27 May 2026 |
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Court granted leave to lodge appeal out of time where legislative amendment caused forum error and no contumelious delay.
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Civil procedure — Extension of time — Leave to lodge appeal out of time — Intervening legislative amendment affecting proper forum (Lands Tribunal Act)
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26 May 2026 |
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A later deed's exclusive court clause governs disputes; a non‑party cannot be compelled to arbitrate and no multiplicity arose.
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Civil Procedure — Multiplicity of Actions — When a later claim arising after earlier proceedings amounts to multiplicity
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Arbitration — Forum Selection Clauses — Conflicting dispute resolution clauses; later-in-time clause and center of gravity
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Jurisdiction — Non-party to Arbitration — Whether a party not privy to an arbitration agreement can be bound to arbitrate
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14 May 2026 |
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A clear settlement agreement admission supports judgment on admission; interest awards must conform to statutory limits.
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Civil Procedure
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Judgment on Admission — Clear, unambiguous admission in settlement agreement justifying judgment without trial
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Quantum — Disputed quantum must be specifically pleaded; liquidated admissions avoid assessment
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Interest — Pre‑ and Post‑Judgment Interest — Court discretion subject to statutory limits and Bank of Zambia ceiling
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14 May 2026 |
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In interpleader, claimants must prove ownership of seized vehicles on the balance of probabilities; registration alone is insufficient.
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Civil Procedure
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Interpleader — Proof of ownership of goods seized in execution — Onus on claimant to prove ownership on a balance of probabilities
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Evidence — Vehicle registration and related documents — Not conclusive proof of ownership; evidence must be credible and verifiable
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Costs — Costs follow the event — Court’s discretion properly exercised where claimants fail to discharge burden of proof
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14 May 2026 |
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Whether bank transfer narrations established payments for emeralds versus a loan repayment, warranting reduction of the judgment sum.
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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
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Mining Law — Mineral Trading Permit — Non‑compliance with Mines and Minerals Development Act s.44 does not extinguish obligation to repay monies
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Civil Procedure / Remedies — Interest on foreign‑currency judgment — LIBOR/SOFR transition and appropriate interest commencement date
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14 May 2026 |
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A purported jurisdictional objection that challenges the merits of a land-title order is premature and dismissed.
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Land law — Title disputes — Court’s power to cancel certificate of title and order consequential administrative action — Lands and Deeds Registry Act ss 33–34
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Civil procedure — Jurisdictional objection — Distinguishing true jurisdictional defects from merits and timing of interlocutory objections
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8 May 2026 |
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Late service of appellate documents without leave is a fatal procedural defect that rendered the appeal incompetent.
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Civil procedure
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Appeals — Service of appeal documents — Whether late service without leave renders appeal incompetent
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Procedural compliance — Mandatory time limits in Court of Appeal Rules — "Shall" construed as imperative
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Constitutional law — Procedural technicalities — Article 118(2)(e) does not cure non‑compliance with mandatory procedural rules
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8 May 2026 |
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Court limited an interlocutory injunction to disputed subdivisions, holding injunctions must preserve the status quo.
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Civil procedure
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Interlocutory injunction — Principles: clear right, serious question to be tried, adequacy of damages
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Status quo — Injunctions must preserve, not create, rights
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Property — Registered title — Certificate of title and limits on injunctions against registered proprietors
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8 May 2026 |
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Whether leave to appeal should be granted on novel competition-law issues concerning section 8's scope and evidential thresholds.
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Competition law
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Interpretation of section 8 — Whether an 'agreement, decision or concerted practice' can be inferred absent direct proof
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Market assessment — Whether establishing appreciable effect requires market definition and market share/power analysis
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Civil procedure — Leave to appeal to the Supreme Court — Point of law of public importance and novelty; novelty alone insufficient
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8 May 2026 |
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Court expunged late extra copies that introduced material not before the single Judge; hearing will proceed on the original motion.
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Civil procedure
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Renewal before full court — Filing of three extra copies for use of the court — Extra copies must reproduce proceedings and affidavits before single Judge
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Irregularity and remedy — Late filing or introduction of additional materials in extra copies — Expungement as appropriate remedy
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7 May 2026 |
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Whether certification under Rule 5(2) is required for multiple counsel in Court of Appeal proceedings.
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Civil procedure
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Costs
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Certification for multiple practitioners — Applicability of Legal Practitioners (Costs) Order Rule 5(2) to Court of Appeal proceedings
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Court of Appeal discretion under Court of Appeal Rules Order 12/1 — Power to assess costs and prevent duplication
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Taxation — Burden to justify multiple practitioners — Principles of reasonableness, necessity and proportionality
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7 May 2026 |
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Arbitration clause did not bind the assignee; judgment on admission set aside for procedural denial of hearing.
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Civil procedure
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Arbitration — Referral/stay under Section 10 Arbitration Act — Whether arbitration clause binds an assignee who is not a contracting party
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Judgment on admission — Necessity to determine pending adjournment and afford an opportunity to be heard before entering judgment
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Bills of Exchange — Assignment — Holder’s right to sue in own name independent of arbitration clause in underlying contract
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7 May 2026 |
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A single Judge has no jurisdiction to grant post‑decision extension of time to pursue an appeal; such applications must go to the full Court.
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Civil procedure — Court of Appeal — Jurisdiction of single Judge — Power to grant post‑decision extensions of time — Court of Appeal Act s9; rule analogy to Supreme Court Rule 48(5)
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6 May 2026 |
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Court dismissed direct application for injunction pending appeal because appellant failed to first apply to the High Court.
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Civil procedure
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Interim injunctions pending appeal — Jurisdiction and competence to apply in the Court of Appeal — Order 59 Rule 10(9) RSC and Order 13 Rule 12 CARs
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High Court inherent jurisdiction — Erinford injunctions pending appeal — Effect of Supreme Court authority (Kibler)
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Procedural compliance — Requirement to first apply in High Court and renew in Court of Appeal — Consequence of direct application
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6 May 2026 |
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Stay confirmed pending appeal where appeal raises arguable issue whether conditional retirement benefits accrue after dismissal.
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Civil procedure — Stay of execution pending appeal — Prospects of success and prevention of rendering appeal nugatory — Order X r 5 CAR/Order 59 RSC
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Employment law — Employee benefits — Retirement gratuity vs superannuation — Whether conditional benefits accrue following dismissal
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6 May 2026 |
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Leave to appeal denied; requirement for leave to commence derivative actions against receivers affirmed as settled law.
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Company law — Derivative actions — Requirement for leave to commence derivative action against receivers pre‑Companies Act 2017
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Civil procedure
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Leave to appeal to Supreme Court — Point of law of public importance; reasonable prospects of success; novelty — Section 13 Court of Appeal Act
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Skeleton arguments without affidavits — Permissible where no disputed facts but good practice requires opposing affidavits
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4 May 2026 |
| April 2026 |
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Court upheld that a backdated construction contract was void for duress and enforced the original agreement; USD75/sqm covered services only.
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Contract law
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Duress and undue influence — Whether a backdated/amended construction contract was procured by threats of non‑payment, arrest/deportation and physical harm
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Contract interpretation — Whether USD 75 per square metre was for services only or inclusive of materials — Clear and unambiguous clause enforced
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Civil procedure — Appeal grounds — Compliance with Court of Appeal Rules (Order X Rule 9(2)) — Improper narrative/argumentative grounds struck out
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30 April 2026 |
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Leave to appeal denied; licence amalgamation, frustration and unjust enrichment claims could not be raised anew on appeal.
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Civil procedure — Appeals — Leave to appeal to the Supreme Court — Criteria under s13(3) Court of Appeal Act (public importance; prospects of success; compelling reasons)
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Mining and contract law — Licence amalgamation — Effect on royalty clauses and alleged frustration of contract
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Appellate procedure — Raising new issues on appeal — Matters not canvassed or determined below cannot be introduced at leave stage
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30 April 2026 |
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Leave to appeal refused where proposed grounds challenged factual findings and did not raise public law issues.
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Civil procedure
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Appeal — Leave to appeal to Supreme Court — s13(3) Court of Appeal Act — Point of law of public importance; prospects of success; compelling reasons
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High Court Rules — Order 22(3) — Power to recast or frame issues — Permissible where it aids determination of real controversy
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Evidence/procedure — Affidavits — Counsel swearing affidavits — Permissible for matters on the court record and questions of law
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30 April 2026 |
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Courts may not set aside arbitral awards for mere disagreement; public policy is a narrow, exceptional ground for annulment.
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Arbitration — party autonomy and finality — limited judicial intervention under section 17 Arbitration Act — arbitrability and scope of reference — jurisdictional challenges (timing and procedure) — public policy as narrow, exceptional ground (fraud, bribery, gross denial of natural justice, real prejudice) — courts must not review merits of arbitral awards
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22 April 2026 |
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Leave to appeal refused where proceedings were not concurrent, discretion to stay was correctly applied, and prospects were lacking.
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Leave to appeal — Court of Appeal Act s13 — concurrent civil and criminal proceedings — stay discretionary — Shoprite Holdings; Brenda Muzyamba — delay/laches — prospects of success
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22 April 2026 |