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Court of Appeal of Zambia - 2025 April

12 judgments
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12 judgments
April 2025
Faustine Mwenya Kabwe and Ors v Access Financial Services Ltd (In Liquidation) (CAZ/08/442/2024) [2025] ZMCA 64 (29 April 2025)
Court refused to dismiss appeal where transcript-related delay was outside appellants' control and they acted diligently.
  • Civil procedure — dismissal for want of prosecution (Order X, Rule 7) — discretion to dismiss — delay due to procurement of transcript — inordinate and inexcusable delay — requirement of prejudice or contumelious conduct.
29 April 2025
Lake Kariba Inns Limited v Steven Nyirenda and Anor (CAZ/08/75/2025) [2025] ZMCA 63 (25 April 2025)
Court confirmed interim injunction to preserve status quo in land-title dispute and refused admission of fresh evidence.
  • Civil procedure — Interim injunction pending appeal; preservation of status quo; admission of further evidence on appeal (Order 59 RSC; Ladd v Marshall); American Cyanamid principles; competing certificates of title in land dispute.
25 April 2025
Wayne Michael Wright v Shah Jayendra Kumar and Anor (APPEAL No. 92/2021) [2025] ZMCA 96 (25 April 2025)
Encroachment claim by a registered proprietor was not time-barred, but the registered caveat exceeded the appellant's proprietary interest.
  • Land law — Encroachment by usage — Accrual of cause of action on subdivision — Statute of Limitations and registered title — Caveat scope and proprietary interest — Survey diagrams and title evidence.
25 April 2025
Morgan Naik v Simon David Burgess and Ors (CAZ/08/574/2024) [2025] ZMCA 62 (24 April 2025)
Alleged out‑of‑court settlement did not bind parties or nullify taxation of costs; application dismissed as vexatious.
  • Settlement agreements — whether correspondence and acknowledgement constitute acceptance; Taxation of costs — whether nullified by alleged out‑of‑court settlement; Civil procedure — applicability of Order 14A RSC, Order 8 CAR and Order 33 RSC; Abuse of process — vexatious litigation; Functus officio doctrine.
24 April 2025
HAMBANI NGWENYA AND ANOTHER V LUBAMBE COPPER MINE LIMITED (APPLICATION NO. SP 49/2024) [2025] ZMCA 72 (16 April 2025)
Application for leave to appeal dismissed: applicants failed to show public importance, prospects of success, or compelling reasons.
  • Court of Appeal — leave to appeal to Supreme Court — Section 13(3) Court of Appeal Act — criteria: point of law of public importance, reasonable prospects of success, compelling reasons; Arbitration — Arbitration Act s.17(2)(b) — subject‑matter not arbitrable; Public policy — setting aside arbitral awards; Employment law — arbitrability of unfair discrimination claims under the Employment Code; Limits on arbitral tribunals — reliance on third‑party employment contracts and powers reserved to the court.
16 April 2025
Citibank Zambia Limited v Suhayl Dudhia (Appeal No.16/2020) [2025] ZMCA 60 (15 April 2025)
An employer may not invoke a notice clause to evade disciplinary proceedings; courts can look behind termination to protect the respondent.
  • 'Employment law — termination — interplay between contractual notice clause and ongoing disciplinary proceedings; wrongful dismissal where employer abandons disciplinary process.'
15 April 2025
Zambia National Commercial Bank Plc v Martin Tembo Anor (Appeal No. 98/2023) [2025] ZMCA 59 (15 April 2025)
Court distinguishes wrongful and unfair dismissal, upholds finding of employer system failure, sets aside pension award, and declares dismissal unfair.
  • Employment law — wrongful v unfair dismissal — distinction between procedural (wrongful) and substantive (unfair) inquiries; Evidence — probative value of admissions elicited in cross-examination; Employer liability — proximate cause of loss attributable to IT system failure, not employees; Damages — exceptional circumstances may justify awards beyond notice period; Pension entitlement — requires evidentiary proof.
15 April 2025
Konkola Copper Mines Plc (In Provicional Liquidation) v the Copperbelt Energy Corporation Plc (CAZ NO 08/335/2024) [2025] ZMCA 58 (11 April 2025)
Court of Appeal lacked jurisdiction to grant stay absent prior application to the lower court; ex-parte stay discharged.
  • Civil procedure — Jurisdiction of Court of Appeal to hear urgent/interlocutory applications — Requirement to first apply to lower court under Order 59 r.14 RSC — Ex-parte stay of execution — Discharge for want of jurisdiction — Enforcement of lower court judgments.
11 April 2025
Danny phiri and Anor v Genos Diagnostic Laboratory (A Firm) (APPEAL NO 302/2023) [2025] ZMCA 199 (10 April 2025)
Incorporation of a company precludes a partnership in the same name; suit against that non-existent firm dismissed.
  • Partnership law — Formation by conduct — Whether an unsigned partnership agreement adopted by conduct can create a firm
  • Company law — Effect of incorporation — Whether incorporation of a company precludes existence of a partnership under the same name
  • Civil procedure — Capacity to sue — Whether an unincorporated firm (non‑legal entity) can be sued in its own name
10 April 2025
Mirriam Banda Zimba vs CFB Medical Center Limited (Application No. SP65/2024) [2025] ZMCA 73 (10 April 2025)
Leave to appeal refused: performance alone does not create legitimate expectation to renew a fixed‑term contract.
  • Civil procedure — Leave to appeal to Supreme Court under s.13 CAA — requirement of point of law of public importance and real prospects of success; Employment law — legitimate expectation of renewal of fixed-term contract — assurance or employer conduct required; performance alone insufficient.
10 April 2025
Abaleka Mwandila v Richard Kazala (CAZ/08/020/2021) [2025] ZMCA 57 (4 April 2025)
Application to set aside taxation adjournment dismissed as filed out of time without leave, depriving Court of jurisdiction.
  • Civil procedure — Preliminary objection — Jurisdiction to hear applications filed out of time; Reasonable time where rules silent — 14 days; Extension of time — Order 13 rule 3(2) — leave required after expiry; Procedural form requirements may be jurisdictional but were not decided.
4 April 2025
Intelligent Mobility Solutions Limited and Anor v Lamise Trading Limited (Suing in his capacity as shareholder of Intelligent Mobility Solutions Limited) (CAZ/08/568/2024) [2025] ZMCA 56 (1 April 2025)
Applicants failed to show realistic prospects of success; leave to appeal the derivative-action ruling was denied with costs.
  • Companies law — Derivative actions — Leave to commence/appeal — Companies Act s331(3) — Prospects of success at interlocutory stage — Review of interlocutory rulings — Procedural fairness (consideration of opposing documents) — Multiplicity of actions and costs.
1 April 2025