Court of Appeal of Zambia - 2018

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107 judgments

Citation	Judgment date
February 2018
Zamtel Limited v Irene Simate, Perine C Zulu & 54 Ors (CAZ/08/006/2017) [2018] ZMCA 638 (15 February 2018) Consent orders cannot bypass statutory leave‑to‑appeal time limits; credibility findings upheld in dismissed slander claim. Civil procedure — Leave to appeal — Section 13 Court of Appeal Act and Order XI Court of Appeal Rules — time limits mandatory in substance; extension of time under Order XIII — parties cannot by consent circumvent statutory leave/time requirements. Defamation (slander) — elements: defamatory words, reference to plaintiff, publication to third party and reputational injury — appellate restraint on overturning trial judge’s credibility and demeanour findings absent misapprehension or perversity	15 February 2018
Frank Kazovu v People (APPEAL NO. 22/2016) [2018] ZMCA 596 (10 February 2018) Identification by a knowing witness and corroborative circumstantial evidence upheld aggravated robbery conviction despite inadmissible ballistics report. Criminal law – aggravated robbery – Identification by acquaintance – dangers of mistaken identity considered; Admissibility of documentary ballistics report – author must be called or exception shown; Alibi – duty to investigate; Corroboration by recovered cartridges and possession of licensed firearm; Appeal dismissed.	10 February 2018
Miyombo Investments Limited v Ecobank Malawi Limited (APPEAL NO. 069/2017) [2018] ZMCA 414 (1 February 2018) Whether the trial judge properly exercised discretion under Order 36(9) to order the judgment debt paid in four quarterly instalments. Civil procedure – Order 36 rule 9 – Payment of judgment debt by instalments – Judicial discretion – Factors to consider: debtor’s financial status, means to pay, likelihood of compliance, duration of repayment, hardship to creditor, age and nature of debt – Appellate review limited to misapplication of principles, irrelevant considerations, mistake of fact, or non‑consideration of material evidence.	1 February 2018
Samuel Mwansa Sabi v Finance Building Society (Appeal No. 61/2017; CAZ/08/007/2017) [2018] ZMCA 637 (1 February 2018) The appellant's challenge to the mortgage principal and interest failed; written loan documents and statement of account were decisive. Mortgage law – loan facility and mortgage deed govern amount borrowed – mortgage protection premium – admissibility of extrinsic evidence – setting aside consent order and effect on interest – assessment procedure – reliance on statement of account.	1 February 2018
ZESCO limited v Cyprian Chitundu and Anor (Appeal No. 67/2017; CAZ/8/0062/2017) [2018] ZMCA 613 (1 February 2018) Company held liable for wrongful termination despite Minister initiating dismissal; gratuity payment did not bar damages claim. Employment law — Wrongful dismissal for breach of contractual termination procedure; privity of contract — company liable though shareholder/Minister initiated termination; payment of gratuity does not bar damages claim; leave-pay claim abandoned; costs allocation.	1 February 2018
January 2018
Chitala v Attorney General and Anor (CAZ 8 107 of 2017) [2018] ZMCA 374 (15 January 2018) Applicant’s unexplained delay after receiving notes of proceedings did not constitute sufficient reason to extend time to file the record of appeal. Court of Appeal — extension of time — Order XIII r3 CAR — duty of diligence when notes of proceedings are delayed — sufficient reason required — delay may warrant dismissal for want of prosecution.	15 January 2018
Chivasa v International Gaming Africa (T/A Lusaka Royale Casino) (CAZ 8 273 of 2017) [2018] ZMCA 377 (15 January 2018) Applicant failed to show anything to stay or irreparable harm; stay pending appeal dismissed with costs. Civil procedure — Stay of execution pending appeal — Discretionary relief — No operative order to stay where ex parte injunction discharged and parties revert to status quo ante — Requirement to show irreparable injury and prospects of success — Order X r.5 Court of Appeal Rules.	15 January 2018