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High Court of Zambia - 2023 April

8 judgments
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8 judgments
Citation
Judgment date
April 2023
Leonard Mwansa and Anor v New Future Financial Company Limited (2023/HPC/0876) [2023] ZMHC 86 (30 April 2023)
30 April 2023
Anti-Corruption Commission v Bowman Chilosha Lusambo (HPEF/02/2022) [2023] ZMHC 98 (21 April 2023)
Warrants of seizure (s58) differ from restriction notices (s60); CPC governs warrants and proof on oath need not be a filed affidavit.
Anti-Corruption Act s58 (warrant of seizure) vs s60 (restriction notice) – Distinct effects; Criminal Procedure Code governs warrants obtained in investigations; proof on oath to magistrate suffices (no filed affidavit required); lower court misapplied civil filing rules; appellate competence where appeal arises from non-criminal-origin proceedings.
 21 April 2023
Elias Tembo v Greatwall Financial Services Limited (2019/HP/ 1709) [2023] ZMHC 36 (21 April 2023)
Written sale with buy-back option, not a loan; plaintiff failed to prove repayment, specific performance and damages awarded to defendant; repayment ordered net of damages.
Property law – contract of sale with buy-back option – interpretation of written agreements; inadmissibility of extrinsic evidence to contradict clear contract terms; caveat and remedy under Lands and Deeds Registry Act; specific performance for contracts of land; unjust enrichment and repayment of monies paid towards a buy-back.
 21 April 2023
Elias Tembo v Greatwall Financial Services Limited (2019/HP/ 1709) [2023] ZMHC 37 (21 April 2023)
Court held the parties executed a sale with a buy-back option, not a loan, denying caveat removal and granting specific performance.
Property law – contract of sale with buy-back option vs. secured loan; construction of written agreements; admissibility of extrinsic evidence; caveat removal; specific performance; assessment of redemption/extension charges.
 21 April 2023
Kalandanya and Ors v The Attorney General and Ors (2022/HPEF/10) [2023] ZMHC 5 (21 April 2023)
Seizure notices under the Anti‑Money Laundering Act must be served and justified by the State’s reasonable belief; otherwise they are invalid.
Seizure of property — Prohibition and Prevention of Money Laundering Act, s.15 — burden of proof on authorised officer to demonstrate reasonable belief of proceeds of crime; requirement of service of seizure notice to affected person; seizure notice validity interpreted as six months (s.18); right to be heard and presumption of innocence; High Court jurisdiction to entertain challenges to seizures.
 21 April 2023
Godfrey Shamanena v Anti-Corruption Commission and Anor (2022/HB/91) [2023] ZMHC 99 (20 April 2023)
Third‑party restriction notices under section 61 take effect upon service on the third party; banks must comply.
Anti‑Corruption Act s60 v s61 — third‑party restriction notices — service on bank — effect from service on third party — bank’s duty to comply; customer‑banker relationship; lawful exercise of investigative powers.
 20 April 2023
The People v Shebby Chisenga Chilekwa (HT/108/2022) [2023] ZMHC 63 (5 April 2023)
Eyewitness identification proved murder beyond reasonable doubt despite missing physical exhibits and allegations of investigative shortcomings.
Criminal law – murder – proof beyond reasonable doubt – eyewitness identification and identification parade – partisan witnesses and corroboration – missing exhibits and dereliction of duty – defence of self‑defence not pleaded.
 5 April 2023
Teddy Puta and Other Employees of Mpelembe Drilling Company and Ors v ZCCM Investment Holdings Plc and Ors (2008/HK/0255; 2008/HK/604; 2009/HK/0258) [2023] ZMHC 64 (1 April 2023)
Sitting tenants (including subsidiary and seconded employees) have first priority to purchase houses; wrongly issued titles may be cancelled.
Property law — parastatal house disposals — sitting tenant priority to purchase; irregular conveyancing in face of injunctions and caveats; cancellation of wrongfully issued titles; equitable protection for bona fide purchasers for value; dismissal of counterclaim.
 1 April 2023