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Court of Appeal of Zambia - 2025 March

5 judgments
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5 judgments
March 2025
Zambia Medicines Regulatory Authority v Brian Muwanei Kabika (APPEAL NO. 100 OF 2023) [2025] ZMCA 84 (31 March 2025)
Court upheld entitlement to unpaid allowances despite board non-determination; appellate court refused to disturb factual findings.
  • Employment law — allowances — interpretation of 'shall' and 'as determined by the Board' — accrued contractual benefits — facilitative imprest versus remunerative allowance — alleged transcription error in conditions of service — contra proferentum — appellate interference with factual findings — s.85A(d) ILRA discretionary awards.
31 March 2025
Lumwana Mining Company Limited v Hansa Limited (Application 80/2024) [2025] ZMCA 55 (27 March 2025)
A purposive reading of Order 10 Rule 9(2) permits combined law-and-fact grounds if clearly stated; preliminary objection dismissed.
  • Civil procedure — Appeals — Order 10 Rule 9(2) CAR — Grounds of appeal must be concise and specify points of law or fact — Purposive interpretation permits combined law-and-fact grounds where clear — Preliminary objection dismissed where grounds disclose issues and contain no argument or narrative; ex parte leave not set aside confers jurisdiction.
27 March 2025
ABSA Bank Zambia v Jonas Kapungu Matende (APPEAL/65/2022) [2025] ZMCA 53 (26 March 2025)
Failure to exhaust internal disciplinary appeals does not automatically bar a court claim; non-exhaustion affects credibility, not jurisdiction.
  • Industrial & Labour Relations Act s85(3) — jurisdiction — exhaustion of internal administrative/grievance channels — failure to exhaust does not automatically extinguish cause of action; internal appeal optional where policy uses "should"; non-exhaustion affects credibility/merits, not jurisdiction.
26 March 2025
Elvis Haatila and Anor v The Director of Public Prosecutions (APPEAL NO:73/2023) [2025] ZMCA 54 (24 March 2025)
Applicant must prove tainted property on a balance of probabilities; suspicion of foreign wrongdoing is insufficient.
  • Forfeiture — civil (non‑conviction) forfeiture — burden of proof on public prosecutor — 'tainted property' must be proved on balance of probabilities — mere reasonable suspicion or unparticularised foreign investigations insufficient — Section 29, 30(b), 31 and 34 Forfeiture of Proceeds of Crime Act.
24 March 2025
Daniel Ngosa Kalale v Abraham Simwanza (CAZ/08/194/2024) [2025] ZMCA 51 (11 March 2025)
Court granted extension to file record and heads, holding late filing affected discretion not jurisdiction.
  • Civil procedure — Extension of time — Order 13 Rule 3 CARs — Jurisdiction vs discretion — Late application within 21-day cushion — Transcript delay as justifiable cause — No inordinate delay (Birkett v James).
11 March 2025