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Citation
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Judgment date
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| December 2021 |
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Court held a binding agreement required return of seized shares after payment; misrepresentation did not cause appellant’s loss.
Anti-Corruption Act – restriction and seizure of property – vesting of recovered property in the State; Contract law – formation and consideration where state consent and sale-conditions provide reversion of seized shares upon payment; Civil procedure – reliance on superseded pleadings; Misrepresentation – falsity vs causation of loss; Share purchase – disclosure duties absent express warranties.
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31 December 2021 |
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Joinder was proper; writ of possession issued without required leave or notice was irregular and rightly set aside with damages.
Civil procedure – Joinder post-judgment – Sufficiency of interest of registered owner; Enforcement of possession orders – Requirement for leave and notice (Order 45 Rule 3 RSC); Irregular execution – Setting aside writ of possession and award of damages for wrongful execution.
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30 December 2021 |
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A court erred by determining corporate identity suo moto without documentary evidence; matter remitted for full hearing.
Companies law – foreign company registration v branch/subsidiary – separate legal personality – requirement for documentary proof (PACRA registration/search forms, certificates, annual returns) – court sua sponte determinations at status conferences – limits of judicial notice of parallel winding-up judgment.
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28 December 2021 |
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Application to admit civil register excerpts on appeal denied for failing Ladd v Marshall fresh-evidence requirements.
Appellate procedure — production of documents on appeal (s24(1)(b)(i)) — admissibility of fresh evidence — Ladd v Marshall test (reasonable diligence, materiality, credibility) — appellate courts confined to trial record.
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28 December 2021 |
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Appellate courts will not admit registry entries as fresh evidence unless the respondent proves diligence, importance and credibility.
Civil procedure – Production of documents on appeal – Section 24(1)(b)(i) Court of Appeal Act – Fresh evidence on appeal – Ladd v Marshall criteria (reasonable diligence, probable influence, credibility) – Appellate discretion and interest of justice – inadmissibility of extraneous trial material without special grounds.
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28 December 2021 |
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Court upheld trial finding that the respondent personally paid the funds, rejecting privity defence; appeal dismissed with costs.
Civil procedure — admissibility of audiovisual testimony (High Court Rules Order 32/2(8)) — Privity of contract and separate legal personality — factual finding that claimant personally advanced funds — appellate restraint in overturning trial findings of fact.
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22 December 2021 |
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The appellate court upheld the respondent’s personal claim and US$727,415 award, dismissing the appellants’ appeal.
Evidence – audio-visual testimony admissible under High Court Rules (Order 32/2(8)) – failure to object at trial estops later challenge; Contract law – privity and separate legal personality – where evidence shows payments made personally, a director/representative may sue in personal capacity; Appellate review – court will not disturb trial judge’s findings of fact and credibility absent demonstrable error; Fraudulent misrepresentation – factual finding upheld.
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22 December 2021 |
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Dismissal for non‑compliance with an unless order does not automatically deprive the court of jurisdiction to revive proceedings.
Family law — property settlement and maintenance; unless orders and dismissal; High Court inherent jurisdiction to set aside orders; Order 25 r.5; balancing finality and justice.
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16 December 2021 |
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Whether a tribunal is functus officio and lacks jurisdiction to reopen a dismissed application for extension of time.
Administrative law
Lands Tribunal – functus officio – jurisdiction to reopen dismissed applications; extension of time – section 13(3) Lands Act v. Limitation Act; Rule 19 Lands Tribunal Rules; nullity of later Ruling
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16 December 2021 |
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Appeal dismissed: plaintiff failed to prove defamation, ownership, or non-defacement of branded cattle.
Defamation — elements (falsity, publication, fault, damage) — burden of proof on plaintiff — evidentiary weight of non-testifying police/veterinary officers — court viewing of exhibit — pleadings and issues to be adjudicated.
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16 December 2021 |
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A Certificate of Title excludes the 12‑year limitation defence; registered proprietors can vindicate title despite lapse of time.
Lands and Deeds Registry Act s34 – Certificate of Title as bar to adverse possession/time‑bar defence – Limitation Act 1939 (applied) – adverse possession cannot extinguish registered title – joinder to avoid multiplicity of actions – costs follow event.
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16 December 2021 |
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An IRD judgment delivered after the statutory one‑year limit is null for want of jurisdiction and must be remitted for rehearing.
Industrial & Labour Relations Act s19(3)(b)(ii) — one‑year disposal requirement; jurisdiction — failure to dispose within statutory period renders judgment null and void; jurisdictional objections may be raised at any stage; remittal to trial court for re‑hearing; complaint deemed filed on appellate judgment date.
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15 December 2021 |
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Whether presidential guidance to a statutory board constituted unlawful interference and warranted damages for non-renewal of a fixed-term contract.
Public law/statutory bodies – Ministerial supervision v unlawful interference – fixed-term employment contracts – effluxion of time and discretionary non-renewal – entitlement to damages for non-renewal.
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14 December 2021 |
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The appellant failed to show reasonable prospects for business rescue; the BRP resolution and administrator appointment were set aside.
Corporate insolvency – Voluntary business rescue – s21 requirements (financial distress; reasonable prospect of rescue) – Evidence threshold for reasonable prospects – s21(3)-(5) procedural steps – s22(1)-(3) challenge and service – effect of non-service on jurisdiction – prevention of abuse of BRP to frustrate creditors.
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10 December 2021 |
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Oral sale supported by payment receipts upheld; subsequent purchaser had notice and specific performance properly ordered.
Conveyancing — Statute of Frauds (1677) — written memorandum and part payment — enforceability of oral contract for sale of land; Administrators and intestate estates — appointment of administrator does not retrospectively validate transactions already validly entered into while owner alive; Equity — bona fide purchaser for value without notice — caveat as constructive notice; Equitable remedy — specific performance for sale of land; Costs follow the event.
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10 December 2021 |
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Failure to exhaust the statutory appeal under s157 deprives the High Court of jurisdiction; appeal must follow Board first.
Administrative law — Statutory appeal and mode of commencement — Water Resources Management Act s157 — Requirement to exhaust internal appeal to Board before court — Non-constitution of Board does not vitiate statutory appeal route — Jurisdictional consequence of wrong mode of commencement.
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10 December 2021 |
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Appeal dismissed: pension calculated per Trust Deed definition of salary (basic pay excluding allowances), parol evidence inadmissible.
Pension law — Trust Deed and Scheme rules — definition of “salary” — contract interpretation; Parol evidence rule — inadmissibility to vary clear written scheme terms; Regulatory determinations (ZRA/PIA) and refunds — effect on claims; Unjust enrichment — relief barred after refund.
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9 December 2021 |
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Court upheld an interim injunction in a land-title dispute, deferring determination of re-entry and bona fide purchaser issues to trial.
Interlocutory injunctions — American Cynamid principles — land disputes — competing certificates of title — re-entry by lands authority — bona fide purchaser for value without notice — adequacy of damages — preservation of status quo.
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9 December 2021 |
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Respondent's claim for inclusion of allowances in terminal benefits held statute-barred under the Limitation Act, depriving courts of jurisdiction.
Limitation Act 1939 s2(1) — six-year limitation for actions on simple contract; statute-bar as jurisdictional defect; limitation may be raised at any stage; employment severance — inclusion of allowances in "month's pay" and stare decisis/res judicata of prior Supreme Court rulings (not decided due to limitation).
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9 December 2021 |
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Leave refused: applicant's attempt to compel Tribunal formation was premature; challenge the Minister's indecision first.
Judicial review – mandamus – ministerial nonfeasance – Mines and Minerals Development Act s.98 – appeal hierarchy (Director → Minister → Tribunal) – timing and propriety of relief.
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7 December 2021 |
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Conviction quashed where uncorroborated suspect-witness evidence and inconsistent firearm identification made the verdict unsafe.
Criminal law – circumstantial evidence – corroboration of interested witness – identification of weapon – material discrepancies in witness accounts – appellate intervention where trial judge fails to explain preference of testimony.
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7 December 2021 |
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A contractual choice-of-law clause does not automatically oust Zambian courts' jurisdiction; remitted for trial.
Private international law – choice-of-law clause does not oust domestic jurisdiction; Forum non conveniens – may be raised without conceding lack of jurisdiction; Jurisdiction – presumption in favour of domestic courts; Conflict of laws – governing law distinct from forum/competence; Remedy – remittal for trial where dismissal for lack of jurisdiction was erroneous.
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3 December 2021 |
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Section 11(1) cannot be used to cancel titles or resolve ownership disputes; defective re-entry vitiates subsequent titles.
Lands and Deeds Registry Act s11(1) — corrections vs adjudication of ownership; re-entry procedure under Lands Act — service requirements; illegality of cancelling duly issued Certificate of Title; inadmissible reliance on affidavit in reply where parties agreed otherwise.
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3 December 2021 |
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A court cannot, on its own motion and without hearing parties or complying with Order 39, review and dismiss a matter.
Civil procedure – Review of judgment – Order 39 High Court Rules – review is discretionary and two‑stage – application must be filed and heard – 14‑day time limit and requirement for fresh material evidence – parties must be heard – court cannot review on its own motion and dismiss matter for want of prosecution.
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3 December 2021 |
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An originating summons for caveat removal does not preclude the applicant from later litigating legal ownership.
Civil procedure – Res judicata – distinguishing caveat removal proceedings under s.81(1)-(2) Lands and Deeds Registry Act from full determination of title; caveat justification vs final adjudication of ownership; procedural limits on originating summons and declaratory relief.
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2 December 2021 |
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Non‑payment of premium did not automatically void the life Keyman policy; insurer entitled to time‑on‑risk premiums.
Insurance law – life insurance v general insurance – applicability of s.76 Insurance Act – premium non‑payment and automatic termination – time‑on‑risk premium – executory consideration and waiver by conduct.
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2 December 2021 |
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Foreign police reports and repair quotations must be authenticated; photos need witness verification; extension policy required in-country payment before reimbursement.
Authentication of Documents Act – foreign documents – police reports and repair quotations executed abroad must be authenticated to be used in Zambia; exception where documents are contracts between parties whose signatures are undisputed. Photographs are not 'writings' and need no statutory authentication but require witness verification. Court may raise illegality (authentication) suo motu. Insurance law – extension of cover supplements comprehensive policy; in-country payment/reimbursement clause enforceable; failure to prove constructive total loss when foreign repair quotations are inadmissible
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2 December 2021 |
| November 2021 |
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Court allowed typographical amendment to appeal documents and ordered costs in the cause.
Civil procedure – Court of Appeal Rules, Order VIII – amendment of process before conclusion of hearing; typographical correction to Notice and Memorandum of Appeal; no prejudice; costs in the cause.
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30 November 2021 |
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Applicant granted 14‑day extension to file Record of Appeal due to lower‑court administrative delay; no order as to costs.
Court of Appeal Rules – Order X Rule 6(a) – sixty‑day period for lodging Record of Appeal; Order XIII Rule 3 – discretionary extension of time for "sufficient reason"; administrative delay in lower court registry; extension of time granted; no costs.
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30 November 2021 |
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Court upholds civil non-conviction forfeiture: vehicle used in offence was tainted and claimant lacked sufficient interest to resist forfeiture.
Forfeiture of proceeds of crime – non-conviction civil forfeiture under ss.29–31 FPOCA – jurisdiction and mode of commencement – definition of tainted property – claimant’s sufficient legal or equitable interest and onus under s.31(2).
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30 November 2021 |
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A court may not sua sponte review and set aside its judgment without timely application, fresh evidence, and hearing of the parties.
Civil procedure — Review of judgment — Order 39 High Court Rules — Time limit (14 days) and requirement of leave — Review sua sponte — Need for application and hearing — Fresh evidence requirement — Wrongful execution cause of action.
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30 November 2021 |
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A signed third‑party mortgage with continuing‑security clauses constituted express consent to secure subsequent loans.
Mortgage law – third‑party mortgage – continuing security clause – express consent by mortgagor – deposit of title deeds creates enforceable security – sanctity of contract – costs follow the event.
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26 November 2021 |
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25 November 2021 |
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Claim for indemnity by an auctioneer barred by res judicata after earlier judgment finding it a contracting party, appeal dismissed.
Civil procedure — Res judicata — Earlier final adjudication of principal-agent relationship — Auctioneer liability — Abuse of process by relitigation — Indemnity claim arising after compliance with judgment.
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25 November 2021 |
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Failure to give mandatory one-month notice rendered the inquiry order void for want of jurisdiction; appeal allowed.
Procedure — Order 2 Rule 3 HCR — mandatory one-month notice to proceed after one year’s dormancy — failure deprives court of jurisdiction; Nullity — decisions made without jurisdiction are void; Registrar’s powers — Order 39 R.1 review limited to judges, Registrar cannot review own decision; Appeals — appellate court may consider jurisdictional point of law not raised below.
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25 November 2021 |
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Applications for leave to appeal out of time and for a stay dismissed for delay and lack of real prospects of success.
Civil procedure — Leave to appeal out of time — Court of Appeal Rules (Order X r4(5); Order XIII r3(1)) — Extension requires sufficient reason and consideration of prospects of success; Stay of execution — discretionary, requires good and convincing reasons and balancing prejudice to judgment-creditor.
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25 November 2021 |
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The appellant cannot use review to relitigate issues beyond a limited referral; Order 39 review requires fresh material evidence.
Intestate Succession Act s19(1)(c)(ii) – administrators’ duty to render account; Review (Order 39 HCR) – requires fresh material evidence; Scope of referral and functus officio – High Court limited to accounting; Res judicata and finality of Court of Appeal judgment.
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25 November 2021 |
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Payment in lieu of notice under the collective agreement equals notice; excessive 24‑month damages reduced to three months.
Employment law – redundancy – clause 18 POWAGUZ – payment in lieu of notice equals notice; measure of damages for wrongful dismissal – departure from notice period requires evidence and reasons; appellate interference where discretionary award unjustified.
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24 November 2021 |
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A guilty plea is equivocal if the statement of facts conflates trafficking and smuggling and omits essential elements, rendering the conviction unsafe.
Criminal procedure – guilty plea – statement of facts must disclose all essential elements of the indicted offence; conflation of smuggling and trafficking renders plea equivocal. Substantive law – distinction between smuggling (section 9) and trafficking (section 3) under the Anti‑Human Trafficking Act; elements and penalties differ
Remedy – conviction unsafe; retrial ordered
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19 November 2021 |
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Appellate court upheld conviction where corroborated circumstantial evidence and odd coincidence excluded mistaken identity.
Criminal law — Aggravated robbery — Identification and mistaken identity — Circumstantial evidence and doctrine of odd coincidence — Credibility findings of trial court — Appellate restraint on factual findings.
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19 November 2021 |
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Single-witness identification unsafe; third appellant guilty on circumstantial evidence but armed element unproven, sentence reduced.
Criminal law — identification evidence — single identifying witness — dangers of mistaken identification and need for connecting link or corroboration; Identification parade — fairness and conduct; Circumstantial evidence — odd coincidences and inference of guilt; Armed aggravated robbery — requirement for direct evidence of firearm use or recovery; Sentencing — reduction where armed element unproven.
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19 November 2021 |
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Appeal against a 35‑year sentence for repeated defilement of a 10‑year‑old dismissed; sentence upheld despite conviction on an improperly duplicated count.
Criminal law – Defilement – sentence – appeal against sentence – principles for interference; aggravating factors (young age, breach of trust, repeated acts); corroboration and evidence of opportunity; charging multiple counts for repeated acts.
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19 November 2021 |
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A plea asserting belief in the child's age is not evidence; accused must adduce defence evidence, and sentence reduced to 25 years.
Criminal law — Defilement (s.138 Penal Code) — Proviso: reasonable cause and actual belief as to age — Plea versus defence evidence — Plea alone is not evidence — Accused must present defence evidence to invoke proviso — Conviction upheld where age, intercourse and identity proved — Sentence reduced from 35 to 25 years for excessiveness.
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18 November 2021 |
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Whether a juvenile's identification requires strict corroboration or may be supported by 'something more' (odd coincidences).
Criminal law – Defilement – Evidence of juvenile witness – Corroboration under s122(b) Juveniles Act – 'Something more'/'odd coincidences' may satisfy corroboration – Admissions by accused as corroboration.
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18 November 2021 |
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Trafficking conviction quashed for lack of admissible confession and proof of weight; convicted of unlawful possession.
Criminal law – Trafficking v possession – requirement to prove statutory weight threshold; Admissibility of confessions – accused must be asked if he objects before production; Circumstantial evidence – similarity of packaging must be particularized; Appellate review of factual findings – exceptions to upsetting credibility findings.
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18 November 2021 |
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Conviction based on uncorroborated identification by a child under 14, observed at night, is unsafe and quashed.
Criminal law – defilement – identification by single witness – corroboration required for witnesses under 14 (Section 122 Juveniles Act) – opportunity for observation and danger of honest mistake – conviction unsafe if uncorroborated.
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18 November 2021 |
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Appeal succeeds where sentence was wrong in principle and hard labour for a female first offender was inappropriate.
Criminal law — Sentencing — Plea of guilty and first-offender mitigation — Appellate interference where sentence wrong in principle or manifestly excessive — Misdirection by treating grievous harm as attempted murder — Hard labour inappropriate for female prisoners.
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18 November 2021 |
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Appeal against a 65-year manslaughter sentence dismissed; aggravating spousal-killing conduct justified heavy sentence.
Criminal law – Sentencing – Manslaughter – appellate review of sentence – aggravating factors (domestic assault, luring, strangulation, concealment) – principles for interference (wrong in principle, manifest excess, exceptional circumstances) – precedents on sentencing distinguished.
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18 November 2021 |
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Appeal against defilement conviction and 35-year sentence dismissed; minor's alleged consent not mitigating and pregnancy aggravates.
Criminal law – Defilement – sufficiency of defence explanation; Sentencing – duty to give reasons; aggravating factors: minor's pregnancy and attempted suppression; minors cannot legally consent.
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18 November 2021 |
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Conviction overturned where single interested witness lacked corroboration and trial judge misdirected on reliability of her evidence.
Criminal law – murder conviction based on single witness with possible interest – requirement for corroboration or "something more" – failure to direct on witness' interest a serious misdirection – direct vs circumstantial evidence.
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16 November 2021 |