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Citation
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Judgment date
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| April 2024 |
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Appeal dismissed: interlocutory injunctions must be renewed before a single judge of the appellate court, not pursued as a full-bench appeal.
Civil procedure — interlocutory injunction — appeal or renewal — jurisdictional requirement that interlocutory injunctions be renewed before a single judge of the appellate court; Defamation — allegation of fair comment defence — procedural proper pleading and evidence; Appeal dismissed for procedural impropriety.
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11 April 2024 |
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Appeal dismissed for non‑compliance with mandatory Court of Appeal Rules; consolidation application also dismissed with costs.
Civil procedure — Court of Appeal Rules (Order 10 Rule 9(2)) — memorandum of appeal must be concise and non‑narrative; non‑compliance renders appeal incompetent. Res judicata and limitation issues raised below not reached where procedural non‑compliance compels dismissal. Consolidation inappropriate where one appeal is dismissed or lower proceedings are final. Pro se litigants bound by court rules
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10 April 2024 |
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Interlocutory stay upheld to prevent conflicting decisions where veil-piercing proceedings may affect caveat removal.
Civil procedure – interlocutory stay of proceedings under Order 3 Rule 2 – stay to prevent conflicting decisions – corporate veil piercing and caveat removal – service of interlocutory application and ambush – appellate review of matters not raised below.
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10 April 2024 |
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Amendment to include a loan-funded vehicle claim in originating summons allowed as arising from same transaction, appeal dismissed.
Civil procedure — amendment of originating summons — mortgage actions — Order 18 amendments to determine real questions — avoidance of multiplicity of actions — section 13 High Court Act — claims arising from same transaction.
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10 April 2024 |
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Forensic ballistic evidence undermining eyewitness identification rendered the conviction unsafe; conviction quashed and appellant acquitted.
Criminal law – unsafe conviction; corroboration of interested witnesses; forensic ballistic evidence identifying firearm; causation and medical negligence; appellate quashing of conviction; dismissal of cross-appeal against sentence.
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10 April 2024 |
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Res judicata bars the appellants’ challenge where alleged misrepresentation and entity separateness could have been raised in the earlier mortgage action.
Civil procedure — res judicata — multiplicity of actions — matters existing at time of first judgment and opportunity to litigate — trading as versus separate legal entities — finality of litigation.
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9 April 2024 |
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Whether later re-engagement as employees alters original subcontractor status; court enforces original written agreements.
Labour law – employment v independent contractor – contractual interpretation – intention of parties – effect of later Labour Commissioner finding and subsequent employment contracts – admissibility of extrinsic evidence to vary written agreements.
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9 April 2024 |
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Application for stay pending appeal dismissed for lack of special circumstances and weak prospects of success.
Civil procedure – stay of proceedings pending appeal – discretionary equitable relief – requires special circumstances, prospects of success or risk of rendering appeal nugatory – question whether action was properly commenced under Order 113 RSC versus writ – multiplicity of actions and joinder of interested parties.
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9 April 2024 |
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Failure to file lists under Order 11 Rule 1 is curable; striking out pleadings absent express sanction was erroneous.
Civil procedure – High Court Rules Order 11 Rule 1 – requirement to file list/description of documents and list of witnesses with defendant’s pleadings – failure to file is a curable defect – court cannot imply striking-out sanction absent express rule – remedial direction to file within fixed time – costs awarded for non-compliance.
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5 April 2024 |
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Court set aside Registrar’s assessment for failing to follow the trial Judge’s adjudication and misapplying account evidence.
Civil procedure — assessment by District Registrar — Registrar must follow trial judge’s directions — mislabelled affidavit — enforcement of judgment for loan debt — contractual and compound interest — Banking and Financial Services Act s.109 — recoverable charges and legal costs.
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5 April 2024 |
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Arbitration clauses in some contracts cannot be enforced against all co‑claimants in a group action without evidence of agreement.
Arbitration law – stay under Section 10 – applicability of standard-form dispute resolution clauses – group actions and common interest – incapability to perform arbitration clauses where not all parties agreed.
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5 April 2024 |
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Whether a two‑tier arbitration clause with a 30‑day referral period is inoperative where parties fail to refer within that time.
Arbitration Act s10 — stay of proceedings — multi‑tier dispute resolution clause — contractual time limit for referral (30 days) — time‑limited arbitration clause becomes inoperative if not actualized — court may refuse stay when arbitration agreement inoperative.
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5 April 2024 |
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Lower court improperly discharged and set aside ex-parte leave for judicial review and contempt without affording a hearing.
Judicial review — leave to apply (Order 53) — leave not to be discharged ex parte except on clear grounds; Contempt/committal proceedings — Order 52 — ex-parte orders are final and not susceptible to summary set-aside; Natural justice — right to be heard; Judge should not act as both prosecutor and judge.
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5 April 2024 |
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5 April 2024 |
| March 2024 |
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Court affirmed that a purported will was forged; appellant failed to rebut forgery or call attesting witnesses.
Wills — Allegation of forgery — Standard of proof higher than ordinary civil balance — Handwriting expert report inadmissible weight without oral testimony — Court entitled to its own comparison of signatures — Burden on proponent to prove due execution — Revocation of probate and intestacy.
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28 March 2024 |
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First appellant’s conviction upheld on cogent circumstantial proof despite improper confession admission; second appellant’s conviction quashed for insufficient evidence.
Criminal law – murder; admissibility and voluntariness of warned-and-caution/confession statements; circumstantial evidence – cogency and ‘odd coincidences’; corroboration of suspect witnesses; forensic linkage by weapon measurements and shoeprints; contaminated scene considerations.
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28 March 2024 |
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Uncorroborated accomplice testimony and evidential gaps rendered the murder convictions unsafe.
Criminal law – murder – accomplice evidence – requirement of corroboration – Machobane principle; identification of vehicle and victim; evidential gaps and absence of phone records render convictions unsafe.
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26 March 2024 |
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Inclusion of irrelevant earlier proceedings and late service rendered the record defective but curable; court expunged materials, allowed service out of time, and ordered costs.
Civil procedure — Record of appeal — Inclusion of irrelevant proceedings — Defective but curable record; Court of Appeal Rules Order X r.9(5)(i) — Service of record and heads out of time — Regulatory rule — Curable delay; Expunction of extraneous materials; Grant of leave to serve out of time; Costs against defaulting appellant.
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21 March 2024 |
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Leave to amend defence refused where proposed fraud claim introduced new cause of action after respondent closed her case.
Civil procedure — Amendment of pleadings — Discretion to allow amendments at any stage — Late amendments introducing new cause of action (fraud) — Prejudice from reopening closed case — Order 20 RSC; relevant authorities.
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19 March 2024 |
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Redacted electronic messages are admissible; redaction affects evidential weight, not automatic exclusion.
Evidence — relevance of electronic documents; Electronic Communications and Transactions Act (s.9) — admissibility of data messages and assessment of evidential weight; redaction affects integrity/weight not admissibility; pre-trial objections to admissibility may properly be reserved for trial.
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19 March 2024 |
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Electronic communications are admissible as data messages; integrity issues affect weight, not admissibility, and the matter proceeds to trial.
Evidence — Electronic evidence — Admissibility and weight of data messages — Electronic Communications and Transactions Act s9 — Original-document rule and Evidence Act s3 — Redaction affects weight, not admissibility — Relevance of electronic communications to duress claims.
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19 March 2024 |
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An express admission in defence precludes disputing demolition; unpleaded title cancellation requires specific pleading and proof.
Pleadings and admissions – express admission in defence binds party and removes issue from controversy; Wrongful demolition – failure to consult customary owners when converting land (s3(4)(c) Lands Act) can render demolition wrongful and give rise to damages; Reliefs not pleaded – cancellation or rectification of title requires specific pleading and proof (fraud/impropriety) under Lands and Deeds Registry Act; Appellate review – appellate court will not disturb trial judge's factual/credibility findings absent perversity.
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19 March 2024 |
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Appellant employer successfully appealed: employee only acted intermittently as SOU Manager and failed to prove entitlement to KCM 6 remuneration.
Employment law – acting appointments versus substantive promotion – proof required to convert repeated acting appointments into substantive appointment; evidential burden to show pay-grade upgrade; appellate review of factual findings where unsupported by evidence.
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18 March 2024 |
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Whether contested factual issues and counsel disqualification may be determined at the leave stage of a derivative action.
Companies Act s331 – Derivative actions – leave to bring derivative claim – two-stage procedure – prima facie assessment at leave stage; Foss v Harbottle exception; limits on resolving contested factual issues at leave stage; professional conflict of interest and Legal Practitioners’ Practice Rules.
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15 March 2024 |
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Leave-stage for derivative actions focuses on prima facie case; contested facts and counsel conflicts are not finally determined.
Companies Act s331 – Derivative actions – leave stage is a prima facie inquiry; Foss v Harbottle exception; limitation/ statute‑barred defence at leave stage; professional conflict and Legal Practitioners' Practice Rules re conflicts and confidentiality; improper reliance on contested affidavit evidence at permission stage.
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15 March 2024 |
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Court of Appeal reversed unfair dismissal finding, holding disciplinary tribunal's decision was supported by sufficient evidence.
Employment law – disciplinary proceedings – unfair dismissal – judicial restraint – court must assess whether disciplinary tribunal had jurisdiction and properly exercised power, not rehear merits; substratum of fact – witness testimony vs post-hearing documentary evidence.
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15 March 2024 |
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Renewals were incompetent where no formal High Court ruling existed and permission to appeal was required.
Civil procedure — Stay of execution pending appeal; jurisdiction of Supreme Court post-establishment of Court of Appeal; requirement of permission to appeal; competence of renewals; need for a formal High Court order or ruling before renewal or appeal.
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11 March 2024 |
| February 2024 |
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Appellant failed to prove breach against carrier; second respondent illegally detained goods, release ordered.
Contract and evidence – freight contract found to be with first respondent only; agency and authority – second respondent lacked documentary mandate to detain goods or lawfully claim freight/storage; burden of proof – plaintiff must prove contractual terms and loss; appellate review – will not disturb factual findings unless perverse or unsupported by evidence.
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29 February 2024 |
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Appellate court upheld selection of chief: Ila custom allows matrilineal candidates, seniority and a deceased chief’s preference are not determinative.
Chieftaincy succession – Ila tradition and custom – role of Bakwashi – matrilineal and patrilineal descent – seniority not determinative – weight of deceased chief’s writings – appellate review of factual and credibility findings.
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29 February 2024 |
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Appeal dismissed: transaction held a valid sale with buy-back option (not a mortgage); minor refund and interest awarded.
Property law – contract of sale with buy-back clause v equitable mortgage; parol/extrinsic evidence; burden to prove fraud or improper registration under Lands and Deeds Registry Act; remedy – small refund and interest.
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29 February 2024 |
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Registrar’s unreasoned decision without hearing opposing party breached audi alteram partem; matter remitted for rehearing.
Civil procedure — extension of time to file — audi alteram partem — Order 30 Rule 6A High Court Act — requirement to give reasons — discretionary relief — remittal for rehearing.
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29 February 2024 |
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Whether an increase in commission applied retrospectively and whether a court may order lump-sum payment contrary to the agreed payment schedule.
Employment contract – Variation of commission rate – Effect of effective date and retrospective application – Contractual interpretation – Sanctity of contract – Payment mechanics: commission payable as client payments received – Court must enforce, not vary, contract.
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29 February 2024 |
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An arbitration clause was held inoperative after lease expiry, so stay to arbitration was refused and the appeal dismissed.
Arbitration law – separability doctrine – arbitration clause may survive termination but can be inoperative where substantive contract expired and dispute concerns accrued arrears; Procedural law – reliance on repealed or incorrect statutory provision undermines applications; Property law – non-registration of a lease required by statute may render the document void; Civil procedure – discretion to refuse stay where arbitration agreement is null, inoperative or incapable of performance.
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28 February 2024 |
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Mediation settlements bind only the parties; lawful notice termination requires enforcing contractual pro rata gratuity.
Mediation settlement orders — binding only inter partes; cannot serve as judicial precedent for non‑parties; Termination by notice or payment in lieu lawful (pre‑2019 law); Enforcement of contracts — courts must not rewrite freely agreed contractual terms; Gratuity payable pro rata where contract so provides.
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28 February 2024 |
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Disputed loan balance referred for assessment; sale agreement held independent, US$328,301 affirmed and offset against assessed loan, interest awarded.
Commercial law – loan facility and security – whether an agreement to sell financed equipment is collateral or an independent sale; assessment of indebtedness where account figures are inconsistent; proof and quantification of special damages for lost revenue; interest on judgment sums.
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28 February 2024 |
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Provocation and self-defence unavailable where accused denied the killing; circumstantial evidence sustained murder conviction.
Criminal law – murder – circumstantial evidence and identity of assailant – dying declaration – defence of provocation (s.205 Penal Code) requires unlawful act causing death – failed provocation not extenuating circumstances – self-defence unavailable where accused is shown to be aggressor – appeal dismissed.
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28 February 2024 |
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The appellant successfully challenged unpleaded wrongful termination damages and gratuity; gratuity deemed substantive and deferred by the one-year transition.
Pleadings — court must decide only issues pleaded; cannot grant relief not claimed. Employment law — Employment Code Act commencement: procedural provisions apply immediately; substantive provisions (including mandatory gratuity) subject to one-year transition
Gratuity — substantive entitlement not payable for period within the transition. Civil procedure — re-casting of a party's case by the trial court is impermissible
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28 February 2024 |
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Court set aside wrongful-termination and gratuity awards, finding the respondent's relief unpleaded and gratuity not yet payable.
Employment law – commencement and transitional provisions – substantive versus procedural provisions – gratuity payable only after one‑year grace period; Civil procedure – pleadings – court must not grant relief not pleaded; Unlawful termination – appellate court set aside unpleaded wrongful-termination award.
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28 February 2024 |
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Circumstantial evidence and recent possession supported convictions; the appellants' appeal against murder and robbery convictions dismissed.
Criminal law – Circumstantial evidence – Recent possession – Joint enterprise/common purpose – Adequacy of investigation (telecom records/forensics) – Appellate review of trial findings of fact.
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28 February 2024 |
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Court may grant relief for trespass to surface-rights owner, but determination of unreasonable withholding of mining-access consent lies with statutory grievance procedure.
Mines and Minerals Development Act - sections 52, 52(3), 56(1) and 97 - jurisdiction to determine withholding of consent; surface rights versus mining rights; trespass and injunction; Mining Tribunal/administrative grievance procedure; reclamation of tailings.
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28 February 2024 |
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A court cannot pierce a company's veil to alter parties' liability under a final arbitral award.
Arbitration law — Section 17 Arbitration Act — limited grounds for setting aside arbitral awards — finality of awards; Corporate law — piercing corporate veil — court cannot vary liabilities determined by final arbitral award; Jurisdiction — lack of jurisdiction renders orders nullities.
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28 February 2024 |
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A High Court exceeded its jurisdiction by piercing a company’s veil to alter parties liable under a binding arbitral award.
Arbitration Act s17 – jurisdiction to set aside or vary arbitral awards strictly limited; Corporate veil – court may not pierce veil so as to alter a binding arbitral award; Excess of jurisdiction renders orders nullity; Corporate Insolvency Act – scope for piercing limited by arbitration law.
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28 February 2024 |
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Whether an employer’s written acknowledgment of grading anomalies entitles an employee to a retrospective upgrade and associated underpayments.
Employment law – entitlement to retrospective upgrade – assessment of underpaid salary, terminal and pension benefits – effect of employer acknowledgment on limitation; Interest on judgment – application of Judgment Act and High Court Rules (short-term deposit rate then Bank of Zambia lending rate); Pension law – employer liability to make good underfunding shortfall; Civil procedure – effect of mediation/consent settlement on unresolved issues; Costs – each party to bear own costs.
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28 February 2024 |
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Whether the respondent could convert the applicant's USD judgment to Kwacha under the consent order and sell properties.
Mortgagee's power of sale — forced sale — conversion of judgment currency under consent order — duty to obtain best price in good faith — duty to render account — damages for undervalue
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28 February 2024 |
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Whether the respondent unlawfully converted the USD judgment to Kwacha and sold mortgaged properties at unfair forced-sale prices.
Mortgagee power of sale — forced sale and advertising — forced-sale price not vitiated absent evidence of fraud or collusion; conversion of foreign currency judgment to local equivalent — effect of consent judgment and variations; duty to render account of sale proceeds; damages for undervalue sales; appellate review of findings of fact.
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28 February 2024 |
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Appellate court found some trial findings on customary succession perverse, set aside court's further-approval directive and remitted selection to the royal family.
Customary law — chieftaincy succession — evidential basis for customary findings — perverse findings; High Court discretion on assessors; functus officio — court cannot retain jurisdiction to confirm future customary selection; remittal to royal family to document family tree and customs; costs follow event (court's discretion).
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28 February 2024 |
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Appellant cannot invoke multiplicity of actions to set aside default judgment after consenting to withdraw earlier appeal.
Civil procedure – multiplicity of actions – requirement of same parties and same cause of action – winding-up petition versus action for debt – effect of withdrawal of appeal – setting aside default judgment.
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28 February 2024 |
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Respondent failed to prove entitlement to severance and leave; appellate court set aside unsupported lower-court awards.
Employment law — burden of proof in civil employment disputes; entitlement to severance and leave — requirement of proof; appellate review — setting aside findings unsupported by evidence; requirement for reasoned judgments; costs in Industrial Relations Division.
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28 February 2024 |
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Appellant bound by signed tenancy and failed to challenge rent increase under Rent Act; appeal dismissed for arrears and possession.
Rent Act – Standard rent – Determination by court on application; Tenancy – periodic tenancy arising from continued occupation and payments; Acquisition of arrears – tenant bound by signed tenancy and liable where payments insufficient; Appellate review – findings of fact will not be disturbed unless perverse or unsupported; Pleadings – issues not pleaded or tried below cannot be raised on appeal; Recovery of possession – s.4(e) and s.13 Rent Act.
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28 February 2024 |
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Whether medical evidence and an extrajudicial admission can corroborate the prosecutrix and uphold a rape conviction.
Criminal law — Sexual offences — Corroboration of prosecutrix — Medical evidence and extrajudicial admission as corroboration of commission and identity — Improperly framed charge — Appellate enhancement of sentence for aggravated rape.
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28 February 2024 |