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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where state consent and sale-conditions provide reversion of seized shares upon payment; Civil procedure – reliance on superseded pleadings; Misrepresentation – falsity vs causation of loss; Share purchase – disclosure duties absent express warranties.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 |