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8 judgments
Citation
Judgment date
November 2025
Christopher Bwalya v Kumbele Mining Company Limited and Anor (2025/HK/245) [2025] ZMHC 99 (28 November 2025)
Failure to prove receipt of a demand letter by email rendered the writ incompetent and it was set aside.
Civil procedure — Service of process — Validity and proof of email service — Requirement of acknowledgment or technical corroboration (delivery receipts, server logs) — Pre-action demand as jurisdictional prerequisite — Failure to prove service renders writ incompetent.
 28 November 2025
April 2025
The People v Annie Monta (HK/52/2022) [2025] ZMHC 24 (4 April 2025)
Accused convicted of murder; forensic and circumstantial evidence negated accident/self‑defence, but marital history constituted extenuating circumstances.
Criminal law – Murder – Malice aforethought – Circumstantial and forensic evidence (ballistics, post‑mortem, scene) – Rejection of accident/misadventure, self‑defence and provocation defences – Extenuating circumstances and sentencing.
 4 April 2025
October 2024
Africa Supermarket Limited v Handford Chaaba and Anor (2015/HK/709) [2024] ZMHC 264 (25 October 2024)
Section 52 offences are criminal; the Commission may investigate but must refer prosecutions to courts; investigator can be a consumer.
Competition and Consumer Protection Act s52 – creates criminal offence; Commission's role investigatory not adjudicative; referral to courts/DPP for prosecution; 'consumer' definition includes investigator purchaser; Food and Drugs Act relevance where product expired; apparent bias standard.
 25 October 2024
December 2022
Victoria Mpelembe v Knoble Mhango (Sued in his-capacity as Co-Administrator) and Anor (2021/HK/ 111) [2022] ZMHC 41 (30 December 2022)
Applicant failed to prove she was a dependant and is not entitled to the 10% intestacy share.
Intestate succession – definition of "dependant" under s.3 – must be maintained by and living with deceased immediately prior to death – proof on balance of probabilities; entitlement to statutory 10% dependent's share.
 30 December 2022
August 2022
Charles Chinayi and Ors v Chilufya Findeli and Anor (2019/HK/523) [2022] ZMHC 35 (16 August 2022)
Applicants failed to prove communal ownership or membership; respondents lawfully held the artisanal mining licence.
Mining law – Artisanal mining licence – Ownership of mining rights – Cooperative registration and membership – Statutory eligibility and vetting under the Mines and Minerals Development Act – Burden of proof in civil claims.
 16 August 2022
July 2022
Ethel Musungu v Cesar Porras Vilcapoma (2019/HK/FCD/65) [2022] ZMHC 30 (24 July 2022)
Best interests, not the children’s sex or a protection order, determine interim custody; respondent awarded custody.
Family law – Interim custody – Best interests of the child paramount – No automatic presumption that girl children must be placed with mother – Social Welfare Report admissible but not binding – Children's views may be taken via welfare officer without voire dire – Protection/occupation orders and immigration status not determinative.
 24 July 2022
July 2021
RZ & MCM Enterprises Limited v Germano Mutale Kaulung'ombe and Anor (2005/HK/027) [2021] ZMHC 110 (8 July 2021)
Failure to give mandatory notice after a ten-year lapse rendered application to register and execute judgments incompetent.
Civil procedure – Notice of intention to proceed – Order 2 r.3 HCR – Ten-year lapse – Registration and execution out of time – Order 46 RSC – Writs of possession – Temporal jacket/absence of original record – Procedural compliance required.
 8 July 2021
February 2020
Jack Nsenda v The People (HKA/ 19/2019) [2020] ZMHC 420 (12 February 2020)
The appellant was acquitted because the Prosecution failed to prove fraudulent trick and produced no expert proof the product was fake.
Criminal law – Cheating (s311) – requirement of fraudulent trick or device – burden of proof on Prosecution – necessity of expert/scientific evidence to prove product fakery – improper substitution of court’s lay examination for expert evidence – identification evidence.
 12 February 2020