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Court of Appeal of Zambia - 2025 July

4 judgments
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4 judgments
July 2025
Skyview Hotel (Chingola) Limited and Anor v Klapton Reinsurance Limited and 3 Ors (CAZ/08/450/2024) [2025] ZMCA 94 (23 July 2025)
Registrar taxed respondents' bill of costs on a standard basis, awarding ZMW 87,472.76 after finding sufficient notice given.
  • Taxation of costs — Notice and opportunity to be heard — Taxation in absentia where notice served — Standard (reasonableness) of taxation — No padding — Application of Order 62 Rule 4 (White Book) and Legal Practitioners' (Costs) Order 2017 — Allocatur ZMW 87,472.76.
23 July 2025
Advance Transport Limited v Landmark Carriers Limted and Anor (APPEAL NO. 143 OF 2023) [2025] ZMCA 95 (17 July 2025)
Appellant's unauthenticated foreign repair invoice and failure to allow inspection/produce quotes invalidated repair claim; nominal damages awarded.
  • Tort — negligent driving — consent judgment; Insurance — third‑party motor cover — insurer's liability limited to policy limit; Evidence — foreign documents require authentication under the Authentication of Documents Act; Procedure — failure to provide repair quotations and to permit inspection may prejudice insurer and third‑party defendants; Damages — nominal damages where loss not proved.
17 July 2025
Kalunga Chansa v Evelyn Hone College Applied Arts and Commerce (CAZ/8/254/2017) [2025] ZMCA 93 (11 July 2025)
A two-day procedural delay by the applicant warranted an extension of time; prospects of success not required.
  • Civil procedure — Extension of time — Order 13 Rule 3(1)(c) — Short/technical delay — Two-day delay excused — Prospects of success requirement not applicable to extension of time — Judicial discretion — Article 118(2)(e) Constitution (avoid undue regard to procedural technicalities).
11 July 2025
Christopher Mwimba & 16 Ors v Lafarge Cement Zambia Plc (APPEAL NO. 146/2018) [2025] ZMCA 174 (9 July 2025)
Redundancy pay does not cover periods already remunerated as gratuity under expired fixed-term contracts; recalculation would cause unjust enrichment.
  • Employment law — redundancy benefits — clause interpretation — fixed-term contracts vs permanent service — gratuity v redundancy — unjust enrichment — discrimination (s.108 ILRA) — Employment Act s.26B(4) and s.36(1)(a) — Attorney General v Chibaya.
9 July 2025