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Citation
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Judgment date
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| November 2021 |
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Age is an essential element of defilement and must be strictly proved; medical/tactical ocular observation alone is insufficient.
Criminal law – defilement – age as essential ingredient – requirement of strict proof by parents/guardian or best evidence; medical evidence (Tanner staging) requires explanation and cannot alone fix age in borderline cases; ocular observation and misuse of Juveniles Act s.118 in determining age; corroboration of identity where accused found with prosecutrix and medical evidence of penetration.
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16 November 2021 |
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Voluntary drinking does not automatically mitigate murder; trial court’s finding of lack of extenuation upheld and convictions confirmed.
Criminal law – murder – intoxication as mitigation versus intoxication as defence – Section 201(2) Penal Code – drinking alone does not automatically amount to extenuation – appellate deference to trial court's findings of sobriety and intent.
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16 November 2021 |
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Conviction quashed where circumstantial evidence failed to exclude a reasonable innocent explanation for recent possession.
Criminal law — Stock theft — Circumstantial evidence — Recent possession — Innocent receiver/mistake of fact (s.10 Penal Code) — Drawing inferences; where multiple inferences possible adopt one favourable to accused.
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16 November 2021 |
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Appeal dismissed: corroboration and 'something more' found; conviction for defilement and 30-year sentence upheld.
Criminal law – Defilement – Corroboration under Juveniles Act s.122 – Voir dire and age threshold – Witnesses related to victim and danger of false implication – "Something more"/special and compelling grounds – Sentence upheld.
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16 November 2021 |
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Termination under a written contract by payment in lieu is lawful without a disciplinary hearing if contract terms are followed.
Employment law – Termination of employment – Written contract – Applicability of section 26A (repealed Employment Act) to oral contracts only – Termination by payment in lieu of notice lawful if contract permits – Distinction between dismissal (disciplinary) and contractual termination.
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11 November 2021 |
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Claim for refund barred as res judicata and time‑barred; alleged late discovery of fraud did not extend limitation.
Civil procedure — Res judicata; multiplicity of actions; abuse of court process — Limitation Act 1939 — mortgage deed as specialty (12‑year limitation) — s.26 (fraud discovery) not applicable where fraud was discoverable earlier.
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11 November 2021 |
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Refusal to adjourn was within discretion; purchaser from a fraudster did not acquire good title, so title cancelled and property reverted to the estate.
Property law – nemo dat quod non habet – purchaser cannot acquire good title from a fraudster; Land registry – forged title and advertisement do not validate title; Civil procedure – discretion to refuse adjournment; Intestate succession – Administrator General’s sale of estate property and requirement for court order.
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10 November 2021 |
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Administrator's sale and title upheld; fraud not proved to the higher civil standard, appeal dismissed with costs.
Conveyancing and land titles – Certificate of Title conclusive of ownership save for fraud – Allegations of fraud must be clearly pleaded and proved to a higher civil standard – Administrator's capacity to assign land – Consolidation and substitution of parties in proceedings.
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9 November 2021 |
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Retention on payroll under a collective agreement precludes entitlement to interest on delayed retirement benefits.
Employment law – retirement benefits – Collective Agreement Clause 28.2 – retention on payroll and payment of salaries – entitlement to interest – unjust enrichment – Order 14A determination of question of law – persuasive precedent (Iness Zeko).
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8 November 2021 |
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Retirees paid salaries pending gratuity are not entitled to interest because salaries compensated delay, avoiding unjust enrichment.
Employment law – retirement gratuity – clause providing salary continuation until gratuity paid – entitlement to interest; Order 14A – determination of questions of law without full trial; unjust enrichment/double payment; persuasive precedent (Iness Zeko); right to be heard – affidavit procedure.
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8 November 2021 |
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Whether an Order 14A application is competent where respondents filed only a conditional memorandum without a defence.
Civil procedure – conditional memorandum of appearance – Deputy Registrar endorsement – 14-day period for intended application; Order 14A RSC – prerequisites – notice of intention to defend requires memorandum plus defence; Order 11 r.1(4) HCR – proper route to set aside writ for irregularity; jurisdiction – incompetence of proceedings renders orders null and void; remittal to High Court.
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5 November 2021 |
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A notice to raise preliminary issues is not a notice to defend; joinder after dismissal and charging a settlement require proper legal basis.
Civil procedure — Order 14A RSC — notice of intention to defend requires memorandum of appearance and defence; preliminary issues notice insufficient; joinder after dismissal and effect of deed of novation; charging order requires proof of judgment debtor's beneficial interest.
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5 November 2021 |
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Conditional appearance prevents entry of default judgment while time to apply to set aside the writ or to file a defence subsists.
Civil procedure – conditional appearance – effect on time to enter defence or to apply to set aside writ – plaintiff prohibited from entering default judgment during period for appearance; irregular default judgment; requirement to show defence on merits not applicable where default is irregular.
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5 November 2021 |
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Whether a court can lift its own stay and supervise a suo motu referral to arbitration when arbitration becomes impracticable.
Arbitration clause – sua sponte referral to arbitration – stay of proceedings – inherent jurisdiction to control court proceedings – lifting a stay where arbitration fails – joinder of assignee plaintiff – interlocutory relief versus appeal.
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5 November 2021 |
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Joinder allowed: striking out a joint-venturer was premature pending interrogation of the joint venture agreement.
Civil procedure – Joinder of parties (Order 15 Rule 6; Order 14 Rule 6) – Joint venture v partnership – Privity of contract – Whether a joint-venturer may be joined where its agreement may affect the rights of litigants.
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5 November 2021 |
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Invoking Order 14A without a memorandum of appearance accompanied by a defence is procedurally incompetent and void.
Civil procedure — Competence of applications under Order 14A RSC; conditional memorandum of appearance — Deputy Registrar endorsement and commencement of limitation period; Order 11 Rule 1(4) HCR as proper route to set aside writ for irregularity; jurisdiction — procedural non‑compliance renders orders null and void; Corporate Insolvency Act — leave requirement (procedural issue addressed below in remitted proceedings).
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5 November 2021 |
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Failed joint-venture foundation discharged the land sales; titles revert to the applicant upon restitution.
Land and contract law — failed joint venture/ frustration of purpose — destroyed foundation of contract; joint tenancy and severance; cancellation of certificate of title requires proof of fraud/impropriety; evidence of payment/signature disputes; restitution and reversion of land titles.
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1 November 2021 |
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Failed joint‑venture foundation discharged land sale contracts; parties restored by restitution and titles cancelled/re‑issued.
Land law — Sale of land tied to joint venture — Failed foundation/frustration — Proof of payment and disputed signature — Discharge of contract and restitution — Cancellation and re‑issuance of certificates of title — Joint tenancy/severance issues.
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1 November 2021 |
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Administrator’s sale of intestate land without prior court authority is void; however the challenge was time‑barred under the Limitation Act.
Intestate succession — administrator's power to sell — section 19(2) Intestate Succession Act requires prior court authority; sale without it void — Limitation Act section 2(1) six-year bar for actions on simple contract — summary disposal under Order 14A; plaintiff may not invoke Order 14A to dispose own cause — cancellation of title where transfer void for want of authority; unpleaded equitable claims not entertained on appeal.
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1 November 2021 |
| October 2021 |
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Whether the respondent must reimburse the appellant for VAT the appellant paid to ZRA on domestic transport services.
Tax law — Applicability of VAT to domestic transport services — Parties’ contractual clause excluding VAT — Enforceability against statutory tax obligations — Reimbursement of tax paid to Zambia Revenue Authority — Proper procedure for claims seeking repayment of quantified statutory tax amounts.
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29 October 2021 |
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Whether sitting tenants may compel sale of council houses in a national park and require alternative housing from the council.
Local government housing — Sale of council houses to sitting tenants — Requirement of council resolution and ministerial approval under Local Government Act — Proof of title and offers required; Conservation law — Zambia Wildlife Act s.15(1) (no title in national parks) — effect on sale; Remedies — alternative housing/compensation not legally compelled absent clear obligation or capacity.
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29 October 2021 |
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Appellants failed to prove council ownership or formal offers for park houses; appeal dismissed with costs.
Local government housing – sale to sitting tenants – requirement of council resolution and Ministerial approval – effect of Wildlife Act prohibiting title in national parks – necessity of evidencing ownership and formal offers before ordering specific performance or alternative housing.
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29 October 2021 |
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A consent order fixing costs is final; court cannot impose interest absent parties' agreement.
Consent orders – binding effect – operate as judgments and are governed by contract principles.
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29 October 2021 |
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Whether a land allocation and boundary survey established a valid title and justified demolition of the appellant's encroaching structures.
Land law – allocation and title – cadastral boundary verification – Surveyor-General's report admissible and authoritative; encroachment – squatter status and demolition of works; appellate review of factual findings – perversity standard; mootness/academic issues where parties have resolved aspects of dispute.
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29 October 2021 |
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Appeal dismissed: Surveyor‑General’s boundary verification upheld; allocation of disputed plot lawful and encroachment ordered removed.
Property law – boundary disputes – role of Surveyor‑General in boundary verification – validity of title allocation – encroachment and squatting – demolition orders – academic appeals.
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29 October 2021 |
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Post‑judgment discovery is permissible to aid execution; State must produce documents showing compliance with Compensation Fund Act.
Civil procedure – Discovery and inspection (Order 24) – Post‑judgment discovery in aid of execution; Compensation Fund Act (ss.17–22) – enforcement procedure and verification; costs – costs follow the event.
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28 October 2021 |
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Appeal allowed; refusal to grant extension of time was erroneous and matter remitted for completion of pleadings.
Civil procedure – extension of time – failure to serve pleadings – order for directions – effect of service of application to dismiss – discretion to grant extension; Service of process; Procedural etiquette when matter set for dismissal is pending.
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28 October 2021 |
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Proceedings alleging breach of constitutional rights must be commenced by petition; jurisdictional defect renders writ-commenced action incompetent.
Constitutional procedure – Article 28 and Protection of Fundamental Rights Rules – mode of commencement (petition v writ) – jurisdictional defect – Order 14A RSC – preliminary issues – waiver and admissibility of criminal judgment as civil proof.
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28 October 2021 |
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The appellant failed to prove unpaid freight debt; unpleaded demurrage claims were correctly excluded.
Civil procedure — Pleadings and evidence: unpleaded claims cannot be introduced by witness statement; evidence must correspond to pleaded case. Expert evidence — qualification and procedural requirements for expert witnesses; treating an accountant as ordinary witness. Proof of debt — burden of proof, necessity to produce invoices and particularize ledger items; offsets and financial statements
Appeals — interlocutory rulings and leave, and effect of incomplete record of appeal
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27 October 2021 |
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An action alleging breach of constitutional rights must be commenced by petition, not writ; wrong commencement deprives court of jurisdiction.
Constitutional procedure — Article 28 and Rule 2 (Protection of Fundamental Rights Rules) — mode of commencement — petition required for Part III rights claims; jurisdictional objections not waived by filing defence; dismissal for wrong mode of commencement; leave to recommence; costs allocation.
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23 October 2021 |
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The applicant's title was set aside because the respondents were not consulted before customary land conversion.
Land law – Customary land conversion – Statutory Instrument No. 89 (Land (Customary Tenure) (Conversion) Regulations) – requirement to ascertain and consult family/communal interests before conversion – validity of land inspection report – certificate of title susceptible to cancellation where conversion occurred without consultation – remittal for survey and site visit.
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22 October 2021 |
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Appellant's seizure disorder supported diminished responsibility, reducing murder convictions to manslaughter and prompting concurrent 20-year sentences.
Criminal law – Murder – malice aforethought; Expert medical evidence – admissibility and weight; Diminished responsibility under s12A Penal Code; Epileptiform/atypical seizure disorder may constitute an "abnormality of mind" affecting mental responsibility; Substitution of conviction and sentence by appellate court.
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21 October 2021 |
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An independent witness’s evidence, including a parent’s, may provide 'something more' sufficient to corroborate a child witness and uphold conviction.
Criminal law – Defilement – Corroboration of child witness under Juveniles Act s122 – Corroboration by parent as 'something more' – Suspect witnesses may corroborate each other if vulnerabilities differ.
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21 October 2021 |
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Age proved by parent and the prosecutrix's account was sufficiently corroborated; conviction and mandatory sentence upheld.
Criminal law – Defilement – Proof of age as essential ingredient – Parental testimony and best evidence; Sexual offences – Corroboration requirement – Independent eyewitness and physical evidence; Illegally obtained disclosure – admissibility and effect on credibility.
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21 October 2021 |
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Omission of the victim's age in a defilement charge is a material defect that vitiates the conviction.
Criminal law — Defilement — Particulars must allege unlawful carnal knowledge and that victim is a "child" (under 16) — Omission of age is material and renders charge disclosing no offence — Defect not curable on appeal; distinction from non‑essential descriptive defects.
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20 October 2021 |
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An ex-parte leave order granted after the 14-day limit is void ab initio, rendering the appeal incompetent and dismissed.
Civil procedure — interlocutory appeals — Order 47 rule 2 HCR — mandatory 14-day period for leave to appeal; void ab initio — jurisdictional defect; ex parte order; Order 3 r.2 HCR and constitutional equitable hearing cannot confer jurisdiction; jurisdictional pleas may be raised at any stage.
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20 October 2021 |
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Where experts give multiple possible causes of death, courts must exclude alternatives before convicting for murder.
Criminal law - murder - circumstantial evidence - cause of death undetermined by pathologists - necessity to consider and discount alternative inferences - expert evidence and appellate review.
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20 October 2021 |
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Appeal dismissed; a single 14-year-old identifying witness required no corroboration and identification was held reliable.
Criminal law — identification evidence — single identifying witness — child witness (age 14) — corroboration under Juveniles Act s122 — previous inconsistent statements and their weight — honest but mistaken identification — sufficiency of observation (light, opportunity, duration).
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20 October 2021 |
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Whether illegal subdivision vitiates title and whether a subsequent Commissioner of Lands’ offer for the whole stand is valid.
Civil procedure — originating summons v writ where disputes of fact exist; trial adjournment — discretion and requirements (medical evidence, backlog, interest of justice); land law — illegal subdivision without authority; validity of replacement offer by Commissioner of Lands; appellate review of factual findings.
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20 October 2021 |
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Reproducing whole interrelated articles is permissible in defamation pleadings where the defamatory sting derives from the publications read as a whole; notice to defend requires memorandum plus defence.
Defamation — Pleading — Particularisation of words — Reproduction of whole publications permissible where sting derives from entire publication — Order 18/Rules on libel pleading — Notice of intention to defend — Order 14A — Conditional memorandum or affidavit insufficient.
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7 October 2021 |
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Pleadings in defamation must usually quote words complained of, but whole publications may be pleaded where the meaning depends on context; Order 14A requires a memorandum of appearance with a defence.
Defamation — requirement to plead the precise words complained of; exception where meaning or sting derives from the publication read as a whole — reproducing full articles permissible in exceptional circumstances; Pleadings — parties must particularize causes of action (avoid class pleading); Civil procedure — Order 14A requires memorandum of appearance with defence as notice of intention to defend; affidavit or conditional memorandum without defence insufficient.
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7 October 2021 |
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Applicant granted leave to appeal out of time after reasonable misunderstanding and showing arguable prospects and no improper delay.
Civil appeals — right of appeal vs leave to appeal — Court of Appeal Act ss.22–25; Order X r.4(1) CAR; extension of time — Order XIII/Order X; good cause and prospects of success; business rescue proceedings — court power to order security under Corporate Insolvency Act s.22.
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7 October 2021 |
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Whether the Court of Appeal may extend the statutory 14‑day period for seeking leave to appeal to the Supreme Court.
Civil procedure – jurisdiction to extend statutory time; Court of Appeal Rules Order 13 Rule 3; section 13(2) Court of Appeal Act; section 30 rule‑making power; section 37 Interpretation Act; distinguishing Antonio Ventriglia and Paolo Marandola.
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7 October 2021 |
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Leave to commence committal set aside for failure to effect personal service and endorse the consent judgment with a penal notice.
Enforcement of judgments — committal for civil contempt — Order 45 RSC — requirement of personal service and penal notice — corporate judgment debtors and directors — piercing the corporate veil.
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7 October 2021 |
| September 2021 |
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Rape conviction quashed for lack of corroboration of penetration; convicted of attempted rape and sentenced to 15 years.
Criminal law – Sexual offences – requirement to corroborate both commission (penetration) and identity – relatives as witnesses – not automatically suspect – duty to call/obtain medical evidence; failure to do so may favour accused – section 213 charge upgrade.
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29 September 2021 |
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Appellate court reduced an excessive manslaughter sentence where the trial judge relied on facts outside the agreed statement and imposed hard labour on a woman.
Criminal law – Manslaughter – Sentencing – First offender who pleads guilty entitled to marked leniency – Sentencing court must confine itself to agreed statement of facts – Misleading reference to extra-record facts amounts to misdirection – Hard labour inappropriate for women – Appeal court may reduce excessive sentence.
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24 September 2021 |
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Force majeure did not bar mortgage enforcement; third‑party mortgage covered future liabilities; judgment against deceased set aside.
Mortgage enforcement — force majeure clause — clause bars claims for damages only, not foreclosure; Construction of security documents — letter of undertaking and Third Party Mortgage construed together create continuing security for present and future liabilities; Death of defendant — judgment against deceased set aside where legal representative not party; Equity of redemption — 180‑day period confirmed.
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22 September 2021 |
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Applicant failed to show an arguable case against the DPP's reopening of prosecution; leave and interim stay refused.
Judicial review – leave threshold and arguable case; DPP power to review prosecutions under National Prosecution Authority Act; legal professional privilege – communications between DPP and police; stay of criminal proceedings pending judicial review.
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22 September 2021 |
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Court held no proper mortgage existed (security unperfected) and reversed a dismissal made without affording the appellant an opportunity to be heard.
Civil procedure — mortgage actions — when originating summons required — perfection of security; Order 14A/Order XXX rule 6A — determination on documents and right to be heard; procedural non-compliance (demand letter) — irregularity versus nullity; costs where Order 14A disposes of action.
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9 September 2021 |
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Non-party to a written sale agreement lacked locus standi; unjust enrichment not established and judgment below set aside.
Contract law – privity of contract and locus standi; unjust enrichment – restitution tests (Benedetti); parol evidence rule; entitlement to costs.
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9 September 2021 |