Court of Appeal of Zambia

1,987 judgments
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1,987 judgments
Citation
Judgment date
November 2025
Failure to hear an application for extension of time was procedural impropriety warranting reversal and a 14-day extension.
Civil procedure — natural justice — procedural impropriety where court dismisses application without hearing parties — extension of time — excusable delay — appellate discretion.
19 November 2025
19 November 2025
19 November 2025
19 November 2025
19 November 2025
19 November 2025
19 November 2025
The respondent’s preliminary objection filed out of time without leave was procedurally incompetent and dismissed.
Civil procedure – preliminary objections – compliance with Order XIII Rule 5(1) (Court of Appeal Rules) – time limits for notice – effect of filing out of time without leave – jurisdiction – dismissal of incompetent process.
18 November 2025
18 November 2025
18 November 2025
18 November 2025
18 November 2025
18 November 2025
16 November 2025
7 November 2025
7 November 2025
6 November 2025
4 November 2025
4 November 2025
October 2025
Judgment on admission upheld where statements of account and emails constituted a clear, unequivocal admission of debt.
Civil procedure — Judgment on admission — Order 21/6 HCR & Order 27/3 RSC — Clear, unequivocal admissions in statements of account and correspondence — Court may consider affidavits and contemporaneous emails and enter judgment without trial.
31 October 2025
31 October 2025
31 October 2025
31 October 2025
23 October 2025
9 October 2025
September 2025
25 September 2025
25 September 2025
25 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
15 September 2025
4 September 2025
2 September 2025
2 September 2025
August 2025
29 August 2025
28 August 2025
28 August 2025
An acquittal in criminal proceedings does not preclude disciplinary dismissal for breach of workplace procedures.
Employment law – disciplinary dismissal – acquittal in criminal proceedings not exonerating in employment context; summary dismissal for non‑compliance with safety/reporting procedures; disciplinary hearings not strict trials of evidence; sufficiency of factual substratum for disciplinary action.
21 August 2025
21 August 2025
21 August 2025
21 August 2025
Default judgment obtained against the State without statutory notice and adequate reasons was irregular and set aside; matter remitted for trial.
State Proceedings Act s22 – mandatory notice and leave to enter default judgment against the State; Default judgment – setting aside – requirement to disclose defence on the merits and give reasonable explanation for delay; Judicial decisions – necessity of reasoned judgments showing findings and application of law; Irregularly obtained default judgment – remit for trial.
20 August 2025
20 August 2025
20 August 2025
20 August 2025
20 August 2025
20 August 2025
20 August 2025
19 August 2025
19 August 2025
Circumstantial and last-seen evidence, coupled with adverse credibility findings, sufficed to uphold a murder conviction.
Criminal law – Circumstantial evidence – Required cogency to permit only inference of guilt; Last-seen principle; Credibility and lies on material points; Failure to call available witnesses.
15 August 2025