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3,488 judgments
September 2024
Attorney General v In Re Property (2024/HPEF/022) [2024] ZMHC 347 (25 September 2024)
The court forfeited unclaimed bank funds to the State as suspected proceeds of crime after statutory notice period expired.
  • Proceeds of crime — Forfeiture under s.18 Prohibition and Prevention of Money Laundering Act — statutory publication and three‑month notice — unopposed applications still require proof on balance of probabilities — State Proceedings Act s.12(1) (Attorney General).
25 September 2024
Fraser Associates (Suing as a Firm) v G4S Secure Solutions (Zambia) Limited (2024/HP/0676) [2024] ZMHC 151 (25 September 2024)
Whether disputed advocate‑own‑client bills under a retainer should be referred to taxation and who bears costs.
  • Taxation of bills — Retainer agreement — Advocate‑own‑client bills — Order 50 Rule 4 High Court Rules — Whether practitioner acted without instructions — Referral to taxation — Costs awarded.
25 September 2024
Jockim Sakala v Alice Banda (2019/HP/A027) [2024] ZMHC 163 (25 September 2024)
Court granted a s.14 vesting order where a subordinate court awarded the house and no evidence of encumbrance existed.
  • High Court Act s.14 — Vesting orders to pass legal title in lieu of conveyance; enforcement of subordinate court property awards; absence of evidence of mortgage/encumbrance; Registrar empowered to execute documents to effect vesting.
25 September 2024
Katongo Semba Kamboyi v Amos Kayombo and Another (2020/HPF/D485) [2024] ZMHC 335 (25 September 2024)
Leave to appeal denied where intended appeal lacked realistic prospects and no compelling reasons justified granting permission.
  • Civil procedure — Leave to appeal — Court of Appeal Rules Order 10 Rule 4 — Test for leave: realistic prospects of success and compelling reasons — Joinder application appeal — Improper merits argument at leave stage.
25 September 2024
Steven Katuka v George Phiri and Commissioner of Lands (2021/HP/0569) [2024] ZMHC 161 (25 September 2024)
The court allowed the State to enter appearance out of time due to defective service on the Attorney‑General, varying directions accordingly.
  • Civil procedure — Extension of time to enter appearance and file defence — Court’s discretion under High Court Rules Order 2 r.2 and Order 3 r.2 — Service on the State — Section 13 State Proceedings Act — Effect of defective service on close of pleadings — Variation of directions and timetable.
25 September 2024
Richmond Finance Limited v Luzendu Benjamin Muyuka and Anor (2023/HP/1977) [2024] ZMHC 154 (24 September 2024)
A registered proprietor holding a Certificate of Title is entitled to vacant possession and mesne profits absent proof of fraud.
  • Property law — Contract of sale versus loan — Effect and conclusiveness of Certificate of Title (Lands and Deeds Registry Act) — Right to vacant possession — Recovery of mesne profits — Proceeding in absence of defendants under civil procedure rules
24 September 2024
Eston Kasongo (Suing on behalf of Charles Cherry Mwando by Power of Attorney) v Jackson Mwando (2024/HP/0520) [2024] ZMHC 157 (23 September 2024)
Interlocutory injunction refused and suit dismissed because a Power of Attorney cannot ordinarily confer standing to litigate.
  • Civil procedure — interlocutory injunctions — requirements of arguable case, irreparable injury and balance of convenience; Standing — inability to conduct litigation by Power of Attorney; necessity of principal’s personal availability; court’s power to determine parties for interlocutory relief.
23 September 2024
Aaron Banda v Lusaka City Council and Sayi Kulemela Banda (2023/HP/1191) [2024] ZMHC 149 (20 September 2024)
High Court lacked jurisdiction over planning dispute in a statutory improvement area; both claim and counterclaim dismissed for want of jurisdiction.
  • Jurisdiction — Urban and Regional Planning Act — Statutory Improvement Areas: Subordinate Court is court of first instance; res judicata and abuse of process bar re‑litigation; demolition/enforcement under planning law; counterclaim independent but constrained by prior proceedings.
20 September 2024
Musonda Lemba (Suing as the Administrator of the Estate of the late Winter D. Lemba) v Nobert Mfuni and Ors (2009/HP/778) [2024] ZMHC 199 (20 September 2024)
Leave to appeal and a stay of execution were refused because the proposed grounds lacked realistic prospects of success.
  • Civil procedure — Leave to appeal — Applicant must show realistic prospects of success; Stay of execution — not automatic pending appeal; applications on affidavit permitted.
20 September 2024
Nickson Chilangwa and Ors v The People (HRBA/02/2024) [2024] ZMHC 142 (20 September 2024)
Convicted applicants failed to show exceptional circumstances or prospects of success; bail pending appeal denied.
  • Criminal procedure — Bail pending appeal — Convicted persons — Exceptional circumstances required — Prima facie prospects of success — Holding public office not per se exceptional — Suspension of sentence premature.
20 September 2024
George Mushaukwa v Q8 Transport Company (2023/HPIR/0492) [2024] ZMHC 312 (19 September 2024)
Complainant awarded gratuity, leave, notice pay, allowances and six months’ damages; NAPSA claim and counterclaim dismissed.
  • Employment law — statutory minimum wages and conditions (S.I.106/2020) — gratuity, accrued leave, notice pay, subsistence and risk allowances — evidential burden for cross-border subsistence — NAPSA recovery procedure — unfair termination damages.
19 September 2024
Inland Investment Limited v Arm Secure Limited and Ors (2023/HPC/0664) [2024] ZMHC 170 (19 September 2024)
A contractual clarification that insurer cover applied for gross negligence estopped the defendant from relying on a ZMW2,500 limitation.
  • Contract law — limitation of liability clause; clarification/addendum and estoppel; fidelity guarantee insurance — insurer's duty to indemnify; proof of loss; breach of contract and recovery of unpaid fees; interest and unconscionable contractual rate.
19 September 2024
Isaac Ngoma v Brian Manyando (2024/ HPIR/ 646) [2024] ZMHC 232 (17 September 2024)
Interim injunction granted; exhaustion of union remedies did not bar court action and NEC's power to dismiss requires full hearing.
  • Labour/union law — exhaustion of internal remedies — scope of union constitution — power of NEC to dismiss elected officials — interlocutory injunction (American Cyanamid test) — adequacy of damages — balance of convenience.
17 September 2024
First National Bank Zambia Limited v Quatt Investments Limited and Anor (2024/HPC/0518) [2024] ZMHC 141 (16 September 2024)
Applicant bank entitled to contractual compound interest, judgment and foreclosure; Section 110 caps recoverable interest but does not suspend it.
  • Mortgage actions — Order 30 Rule 14 — remedies; Contractual compound interest enforceable where clause permits it; Banking and Financial Services Act Section 110(1)(b) — in duplum rule caps recoverable interest but does not suspend interest on non-performing loans; Foreclosure, possession and enforcement against surety permitted; Judgment entered for bank.
16 September 2024
Total Energies Marketing Zambia Ltd v Sheila Kalubi (Sued in her Capacity as Ministry of President for the Trinity Family Centre) and Ors (2024/HPC/0093) [2024] ZMHC 178 (16 September 2024)
Claim against the 2nd defendant dismissed as statute-barred; vicarious liability not established.
  • Limitation Act 1939 (as extended to Zambia) — accrual of cause of action — statute-barred claims; vicarious liability — requirement of sufficient nexus between tortfeasor and principal; Order 14A — determination of pure questions of law without full trial; continuing trespass vs accrual for limitation.
16 September 2024
Trymore Mwenda v Astone Nanja (2024/HP/1271) [2024] ZMHC 156 (16 September 2024)
Ex-parte interim injunction granted to restrain construction pending inter-parte hearing; title and irreparable harm justified relief.
  • Interim prohibitory injunction — ex parte application — certificate of title as evidence of ownership — American Cyanamid principles: serious question, adequacy of damages, balance of convenience — preservation of status quo — costs in the cause — leave to appeal granted.
16 September 2024
Memory Mumbo and Frank Nchimunya Moyo Gwaba v Road Development Agency and James Sichela (2019/HP/0754) [2024] ZMHC 162 (14 September 2024)
A 'without prejudice' label does not automatically bar a document from evidence; privilege requires genuine settlement negotiations and may be forfeited by failure to object during discovery.
  • Evidence — Without prejudice communications — Heading alone not conclusive — Court must examine document to determine if privilege applies — Privilege only where negotiations/offers to settle exist — Waiver by failure to object during discovery/orders for directions.
14 September 2024
Steven Mwafulilwa and Ors v Rev. Chipasha Musaba (Sued in his capacity as the UCZ Synod General Secretary) and Ors (2024/HP/1236) [2024] ZMHC 159 (14 September 2024)
Interlocutory injunction to halt church inductions dismissed for failure to show irreparable harm; balance of convenience favors defendants.
  • Interlocutory injunction — preservation of status quo — irreparable harm — balance of convenience — internal church elections and governance — admissibility of constitutional provisions in affidavits.
14 September 2024
Prudence Bank (In Liquidation) v Administrator of the Estate of R.C. Chungu (2022/HP/0466) [2024] ZMHC 351 (13 September 2024)
Court corrected a clerical property description under Order 20 Rule 11, finding no prejudice and ordering registration within 30 days.
  • Clerical amendment of judgment; Order 20 Rule 11 Rules of the Supreme Court; inherent jurisdiction to correct accidental slips; finality of judgment; prejudice test for amendments; registration of court orders.
13 September 2024
Plaintiff v 1st Defendant and Lungu (2021/HP/0714) [2024] ZMHC 333 (12 September 2024)
Stay of proceedings refused where no special circumstances and set-aside application lacked reasonable prospects due to delay.
  • Civil procedure — interlocutory relief — stay of proceedings under Order III Rule 2 High Court Act — exceptional circumstances required — stay refused where no real risk of conflicting decisions and set-aside application lacking prospects due to admission of liability and undue delay.
12 September 2024
Laison Phiri v Viaduct Investments Limited and Anor (2023/HP/1380) [2024] ZMHC 364 (11 September 2024)
Applicant entitled to garnishee funds in a named bank account to satisfy a registered arbitral award; only existing debts attach.
  • Arbitration award enforcement — Garnishee Order Nisi — Order 49 Rules of the Supreme Court — deposit‑taking institution — attachable debt must exist at date of service — creditor–debtor relationship required.
11 September 2024
Director Of Public Prosecutions v Mwanza and Another (2024/HPEF/012) [2024] ZMHC 345 (9 September 2024)
Whether non‑conviction forfeiture is appropriate where applicant proves on a balance of probabilities that vehicles are proceeds of crime.
  • Forfeiture of proceeds of crime — Non‑conviction based forfeiture (s31 FPOCA) — Standard of proof: balance of probabilities — Burden of proof and shift under s31(2)/s71(2) — Documentary, bank and forensic handwriting evidence — Insufficient explanation by interested parties — Order forfeiting motor vehicles to the State.
9 September 2024
Kazenene v Mbasela and Others (2023/HP/1782) [2024] ZMHC 336 (6 September 2024)
A stay pending payment of costs requires a prior court order awarding costs; absent it, the applicant's stay is declined.
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6 September 2024
Turnvell Mataa Sendoi v Interlink Freight Services Limited (2023/HPIR/0527) [2024] ZMHC 140 (4 September 2024)
The respondent unlawfully deducted the complainant's terminal dues and underpaid gratuity; overtime claim lacked proof.
  • Employment law — gratuity calculation: use last drawn basic salary for the whole service period; employer deductions — employer must demonstrate contractual/legal authority and proof before recouping losses; burden of proof — claimant must produce evidence (approved forms/logs) for overtime claims; disciplinary/deduction fairness — need for proper procedural and evidential basis.
4 September 2024
Pawsen Munamooya and 12 Ors v Professor King Nalubamba and Ors (2019/HP/1633) [2024] ZMHC 155 (1 September 2024)
Stay dismissed; court held senior counsel may claim reasonable costs despite SI No.6 lacuna and granted leave to appeal.
  • Costs — Legal Practitioners (Costs) Order SI No.6 of 2017 — Part III omission for practitioners ≥15 years — senior counsel entitled to reasonable, proportionate costs on a scale as near as possible to Part III — stay of execution requires an enforceable remedy — leave to appeal granted.
1 September 2024
August 2024
Chilanga Cement Plc v Carymac Company Limited and Anor (2024/HPC/0176) [2024] ZMHC 217 (30 August 2024)
Application for judgment on admission dismissed where alleged admission of debt was disputed and not unequivocal.
  • Civil procedure — Judgment on admission — Order 21 Rule 6 — Admission must be clear, unambiguous and unequivocal; company name change does not defeat rights; disputed repayments, rebates and acquittals may create triable issues preventing summary judgment.
30 August 2024
Andrew Chilambo v Patrick Kayembe (2023/HP/2084) [2024] ZMHC 337 (29 August 2024)
Interim injunction granted restraining the respondent from evicting the applicant and interfering with crops where damages are inadequate.
  • Interim injunction — interlocutory relief — American Cyanamid test — serious question to be tried — adequacy of damages for loss of land/house — balance of convenience — farm tenancy and statutory notice requirements under Landlord and Tenant (Business Premises) Act.
29 August 2024
William Chilufya v Hivos Southern Africa (2024/HPIR/0183) [2024] ZMHC 315 (29 August 2024)
Complaint dismissed for lack of jurisdiction where ex‑curia negotiations did not extend the 90‑day limitation under section 85(3).
  • Industrial Relations Court — Jurisdiction — Section 85(3) Cap 269 — 90-day limitation period — Effect of ex-curia (without prejudice) settlement negotiations — Exhaustion of internal administrative channels — Leave to file out of time.
29 August 2024
The Anti Corruption Commission v Pittscon Zambia Limited and Ors (2022 / HPEF / 12) [2024] ZMHC 138 (21 August 2024)
Court ordered civil forfeiture of assets acquired from contracts obtained by false pretences; interested parties failed to rebut taint.
  • Forfeiture of proceeds of crime — Non-conviction forfeiture — jurisdiction under Sections 29, 31, 71 FPOCA — civil standard (balance of probabilities) — procurement misrepresentation — Key Personnel requirement — false pretences (Penal Code s309) — proceeds of crime — burden shift and unexplained wealth — forfeiture and costs.
21 August 2024
Chitotela v Anti-Corruption Commission and Others (2022/HPEF/02) [2024] ZMHC 331 (20 August 2024)
The court dismissed the applicant's constitutional challenge to seizure powers and refused damages for misfeasance.
  • Constitutional law — search, seizure and privacy — Sections 58–59 Anti‑Corruption Act — warrant of seizure as court order under Article 17(2)(d); Forfeiture law — Sections 71,78 Forfeiture of Proceeds of Crime Act — burden and standard of proof; criminal procedure — presumption of innocence and applicability of Article 18; tort — misfeasance in public office.
20 August 2024
Ernest Sinyolo v The Attorney General (2022/HP/0670; 2022/HP/1366) [2024] ZMHC 332 (20 August 2024)
Court dismissed consolidation application due to different solicitors, differing claims and prejudice from ongoing criminal proceedings.
  • Civil procedure — Consolidation of actions under Order III Rule 5 and Order 4 Rule 9 — Discretionary remedy; common questions of law/fact; prejudice and embarrassment at trial; different solicitors; ongoing related criminal proceedings.
20 August 2024
Champion Zulu and Ors (Suing on his own behalf and on behalf of Employees of PARMALAT ZAMBIA LIMITED ) v Parmalat Zambia Limited and Anor (2022/HPIR/551) [2024] ZMHC 418 (19 August 2024)
A group-level share acquisition and local name change did not create a new employer or entitlement to redundancy.
  • Employment law — Transfer of employment/Redundancy — Whether group-level merger and name change created a new employer and triggered Employment Code ss 28–29
  • Company law — Mergers — Group-level share acquisition gives indirect control but does not equate to direct acquisition of subsidiary assets or creation of a new corporate entity
19 August 2024
Lutwika Mashilipa v Discover Insurance Comapny Limited (2023/HPC/0730) [2024] ZMHC 238 (19 August 2024)
The applicant’s leave application was dismissed because Section 23 does not require leave for appeals from the High Court.
  • Court of Appeal Act s23 — leave to appeal — appeals from High Court — Order 10 Rule 4(3) Court of Appeal Rules — application misconceived — appellate precedents: Chainama Hills; Mirriam Banda Zimba.
19 August 2024
People v Shi Yaming (HP/62/2024) [2024] ZMHC 290 (13 August 2024)
Insufficient evidence linking accused to ownership/control of dogs; no prima facie case for manslaughter.
  • Criminal procedure — no case to answer — prima facie test; Manslaughter by omission/culpable negligence; Duty to control dangerous animals (s.214 Penal Code); Proof of ownership and control of animals; Identification and causation in animal‑attack fatalities.
13 August 2024
Lamise Trading Limited (Suing in its capacity as Shareholder of Intelligent Mobility Solutions Limited) v Kapsch Trafficcom AG and Anor (2024/HPC/0339) [2024] ZMHC 189 (12 August 2024)
Minority shareholder granted leave under Companies Act s331 to pursue derivative claim for alleged majority shareholder fiduciary breaches.
  • Companies Act s331 — derivative action — leave to commence proceedings — criteria: likelihood of success, costs, prior action by company, company’s interests; Foss v Harbottle exception; majority shareholder fiduciary duties; procedural sufficiency of power of attorney; effect of company’s failure to oppose.
12 August 2024
Lamise Trading Limited (Suing in its capacity as Shareholder of Intelligent Mobility Solutions Limited) v Kapsch Trafficcom AG and Anor (2024/HPC/0339) [2024] ZMHC 190 (12 August 2024)
Court granted leave to the applicant to issue and serve a derivative-action writ out of jurisdiction despite procedural defects.
  • Civil procedure — service out of jurisdiction — Order 10 Rule 16 High Court Rules — leave to issue and serve process; derivative action by shareholder; curable procedural irregularity; defective power of attorney; advocate’s receipt of process does not waive leave requirement.
12 August 2024
Newmann Muyatwa v Florence Kayenge Muyatwa (Nee Chota) (2024/HPF/D458) [2024] ZMHC 277 (8 August 2024)
Divorce granted on two years' separation plus consent; ordered joint custody, child maintenance and transfer of vehicle.
  • Matrimonial Causes Act — irretrievable breakdown — two years' separation with consent; Special Procedure — determination on affidavit evidence under Order 30 Rule 6A; custody and child maintenance; property settlement by vehicle transfer; Decree Nisi to become absolute.
8 August 2024
Esau Shamalambo v China Zambia Friendship Farm Ltd (2023 / HPIR/ 596) [2024] ZMHC 230 (6 August 2024)
Applicant dismissed; not entitled to leave for 2006–2011 and terminal benefits claim unproven.
  • Employment law — termination of oral contract — resignation versus dismissal — notice; Leave entitlements — accrual requires six months’ continuous service; Terminal benefits — claimant must substantiate entitlement and quantum; Evidentiary weight — conflicting labour-office letters and burden of proof.
6 August 2024
Esau Shamalambo v China Zambia Friendship Farm Ltd (2023/HPIR/596) [2024] ZMHC 243 (6 August 2024)
Whether the applicant was dismissed or resigned and entitled to accrued leave and terminal benefits.
  • Employment law — oral contract — resignation v. dismissal — entitlement to accrued leave (continuous service requirement) — terminal benefits under section 21(b) — burden of proof and evidential substantiation.
6 August 2024
Ivan Lister v Africa Personnel Services Zambia Limited (2022/HP/0354) [2024] ZMHC 313 (5 August 2024)
Unsigned contract enforceability and expatriate gratuity entitlement are factual issues unsuitable for summary determination.
  • Contract law — unsigned/draft agreements — incorporation by intention and performance; Employment law — statutory gratuity and expatriate exemption; Preliminary issues — Order 14A and Order 33 — suitability for summary determination.
5 August 2024
Future Development Limited and Ors v David Mulaisho (2024/HPC/0336) [2024] ZMHC 213 (2 August 2024)
Application for judgment on admission dismissed because defence and documents lacked clear, unequivocal admissions.
  • Judgment on admission — discretionary relief — requires clear and unequivocal admission in pleadings or documents; set-off and disputed valuation preclude entry of judgment; general denials versus traversing allegations.
2 August 2024
Neelkanth Lime Limited v Wonderful Industries Company Limited (2022/HPC/0807) [2024] ZMHC 210 (2 August 2024)
Possession or manufacture of sample bags alone does not prove trade mark use in the course of trade.
  • Trade mark infringement — registered proprietor — elements: valid registration, use in course of trade without consent, likelihood of confusion — possession/manufacture of sample sacks does not necessarily constitute use in trade — burden of proof on proprietor.
2 August 2024
Odiile Loukombo Chelemu and Anor v Chana Chelemu (Sued as Administratrix of the Late Weddie Chemlesya Chelemu) and Ors (2022/HPF/453) [2024] ZMHC 300 (2 August 2024)
An adoption order survives annulment; administrators must file a full inventory/account and distribution is stayed pending verification.
  • Intestate succession — administrators’ duty to inventory and account — validity of adoption despite annulment — ex-gratia family agreements and enforceability — stay of distribution pending accounting — administrators acting beyond mandate (construction/trust).
2 August 2024
July 2024
Sunshare Construction Limited v Project IQ Consultancy Limited (2024/HPC/372) [2024] ZMHC 215 (29 July 2024)
Failure to specifically traverse allegations can amount to deemed admissions, but the court may still refuse judgment on admission where substantive disputes and a counterclaim exist.
  • Civil procedure — Order 53 Rule 6 High Court (Amendment) Rules — failure to specifically traverse allegations — deemed admission — discretion to enter judgment on admission — counterclaim and substantive disputes may render judgment inappropriate.
29 July 2024
Zambia National Building Society v News Diggers Limited (2022/HP/1514) [2024] ZMHC 135 (26 July 2024)
A government‑owned statutory entity cannot maintain a defamation action because it would unduly restrict public criticism.
  • Defamation law — Government‑owned/controlled entities — Right to sue — Public policy and freedom of expression — Order 14A summary determination — Locus standi where imputations alleged against officers rather than corporate entity.
26 July 2024
Brian Mundubile and Ors v Miles Sampa (2024/HP/0993) [2024] ZMHC 134 (25 July 2024)
Plaintiff's failure to file the mandatory letter of demand with the writ was fatal; proceedings dismissed, leave to appeal granted.
  • Civil procedure — Order VI Rule 1(1)(d) HCR — mandatory requirement to file letter of demand with writ — failure fatal to proceedings; dismissal; leave to appeal.
25 July 2024
Wilson Banda v Zesco Limited (2023/HP/1070) [2024] ZMHC 357 (25 July 2024)
Court expunged statute‑barred employment claims under s.52(6) but allowed remaining contract claims to proceed with leave to amend.
  • Employment law — limitation period — section 52(6) Employment Code Act — jurisdiction to entertain statute‑barred claims — Order 14A point of law — expungement of claims — leave to amend pleadings.
25 July 2024
Chileshe and Others v Zesco Limited (2024/HP/0180) [2024] ZMHC 340 (24 July 2024)
Court expunged employment claims barred by section 52(6) but retained non‑time‑barred contractual claims and allowed amendment.
  • Civil procedure — Order 14A preliminary determination; Employment law — jurisdiction of Industrial Relations Court vs High Court; Employment Code Act s.52(6) — 30‑day limitation for termination complaints; Expungement of time‑barred employment claims; Leave to amend pleadings.
24 July 2024
Chileshe and Others v Zesco Limited (2024/HP/0180) [2024] ZMHC 341 (24 July 2024)
Claims governed by Section 52(1)–(5) filed beyond the 30‑day limit were expunged; other non‑Section 52 claims may proceed.
  • Employment law — Jurisdiction: Industrial Relations Court vs High Court General List; Section 52(6) Employment Code Act — 30‑day limitation for termination complaints; Validity of discontinuance — multiplicity of actions; Expungement of time‑barred claims; Leave to amend originating process.
24 July 2024
Jonas Kangwa Chanda v Peter Chandwa Mwila and Anor (2023/HP/0649) [2024] ZMHC 356 (24 July 2024)
24 July 2024