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8 judgments
April 2026
Trident Packaging Limted v Gavi Beverages Limited and Others (2024/HKC/64) [2026] ZMHC 52 (20 April 2026)
Court dismissed application to set aside winding-up petition; statutory demand served and shareholder disputes did not invalidate petition.
  • Winding-up petition — statutory demand/section 57(3) Corporate Insolvency Act — service on contributory (Companies (Winding-Up) Rules rule 9(1)) — counsel deposing to affidavits in contentious matters — abuse of process — conflict of interest/shareholding — separate corporate personality (Salomon)
20 April 2026
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
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