Court of Appeal of Zambia - 2025 September

Sort by:

8 judgments

Citation	Judgment date
September 2025
Jonas Musonda v Konkola Copper Mines (In liquidation) (Appeal No.45 of 2022) [2025] ZMCA 125 (25 September 2025) Leave to appeal refused where dispute over entitlement to higher pension arose from factual findings, not a public point of law. Civil procedure — Leave to appeal to Supreme Court under s.13 — Requirement of a point of law of public importance; Employment law — Acting appointment versus substantive post — factual findings on continuity of acting service; Pension entitlement — computation depends on established grade; Costs — discretionary and not punitive absent procedural irregularity.	25 September 2025
Wanziya Chirwa v The People (CAZ/09/90/2025) [2025] ZMCA 132 (25 September 2025) Applicant granted bail pending appeal where appeal was prima facie arguable and risk of serving substantial sentence existed. Criminal procedure – Bail pending appeal – Discretion under s.332(1) Criminal Procedure Code – Exceptional circumstances required – Twin prongs: likelihood of success and risk of serving substantial portion of sentence – Prima facie assessment of appeal grounds – Reasonable suspicion in possession of proceeds of crime.	25 September 2025
Zambia National Commercial Bank Plc v Martin Tembo and Anor (Appeal No.98/2023) [2025] ZMCA 127 (25 September 2025) Leave to appeal denied where no point of law, realistic prospects, or compelling reasons were shown. Leave to appeal — Court of Appeal Act s.13(3) — requirements: point of law of public importance, reasonable prospects of success, or compelling reasons — wrongful (procedural) vs unfair (substantive) dismissal — quantum of damages — mere dissatisfaction with findings insufficient.	25 September 2025
Access Bank Zambia Limited v Ernest Jay Chisanga (Trading as SADIC Import and Exports) (Appeal No. 006 of 2025) [2025] ZMCA 126 (24 September 2025) A bank customer's claim for withdrawals was statute-barred; fraud must be pleaded and reasonable diligence shown to toll limitation. Limitation of actions — accrual of cause of action — Limitation Act 1939 s.26(b) (fraud/mistake postponing limitation) — requirement to plead and particularise fraud — reasonable diligence standard — Order 14A preliminary objection on limitation.	24 September 2025
Mukwa Investments Limited v Pan African Building Society and Anor (Appeal No. 243 of 2024) [2025] ZMCA 124 (15 September 2025) Regulator owes no duty of care to individual shareholders; no misrepresentation, transfer valid, appeal dismissed. Banking regulation – statutory supervisor’s duties – no duty of care owed to individual shareholders; BFSA restrictions on equity investments; misrepresentation and inducement – requirement of proof; validity of share transfers – interplay between BFSA and Companies Act; appeal dismissed.	15 September 2025
Nigel George Seabrook and Anor v Cathrine Hovstad Van Aardt ((CAZ/08/269/2024; CAZ/08/284/2024) [2025] ZMCA 121 (4 September 2025) Failure to serve the record and heads within 14 days without leave divests the Court of jurisdiction. Court of Appeal rules — Order X r9(9) CAR — service of record and heads within 14 days — mandatory requirement — failure to serve without leave divests Court of jurisdiction; Consent Orders do not override procedural timelines; constitutional fairness cannot excuse non‑compliance.	4 September 2025
One Life Assurance Zambia Ltd v Wankumbu Sichivula and Anor (Appeal No. 111/2023) [2025] ZMCA 123 (2 September 2025) An employer must substantiate operational requirements; mere ownership change cannot justify termination and five months' damages were affirmed. Employment law — Termination for operational requirements — Employer must substantiate business necessity and follow consultative process; mere change of shareholding insufficient — Distinction between lawful contractual termination and constructive redundancy — Measure of damages: notice period is norm but courts may award greater compensation where justice demands.	2 September 2025
Tedworth Properties v Anti- Corruption Commission and Anor (CAZ/O8/321/2024) [2025] ZMCA 122 (2 September 2025) Late-filed heads of argument filed without leave were expunged for breaching mandatory Court of Appeal Rules; costs awarded. Civil procedure – Court of Appeal Rules – mandatory filing timelines (Order 10 Rule 9(16)) – late filing of heads of argument – documents filed in contravention of mandatory rules are irregular and subject to expungement – absence of express sanction does not excuse non‑compliance – constitutional provision (Article 118) cannot be used to justify disregarding procedural rules.	2 September 2025