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District Registry-Ndola - 2025

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5 judgments
Citation
Judgment date
November 2025
Noah Chaifyala (Suing on his own behald and on behald of over 300 Ors) v Subsahara Gemstone Exchange and Ors (2025/HN/372) [2025] ZMHC 112 (20 November 2025)
Interim injunction discharged where plaintiff failed to show a serious question to be tried or a clear right to relief.
Interlocutory injunction — requirements: serious question to be tried; clear right to relief; balance of convenience and irreparable injury — competing title evidence and SI No.49 of 2010 — alleged adverse possession and disputed document authenticity — survey report showing encroachment.
 20 November 2025
September 2025
Keno Mwamba Sangwa v Mary Begg Memorial Clinic Ltd (2024/HN/IR/74) [2025] ZMHC 115 (1 September 2025)
Dismissal held unfair where disciplinary charges lacked sufficient factual substantiation; 18 months' salary awarded as damages.
Employment law – Dismissal – Distinction between wrongful (procedural) and unfair (substantive) dismissal – Disciplinary procedure and rules of natural justice – Requirement for substantiated factual basis for disciplinary charges – Duty roster ambiguity and reporting times – Damages for unfair dismissal (18 months' salary) – No award for unearned future earnings – Costs not awarded – Leave to appeal granted
 1 September 2025
July 2025
SGC Investments Limited v Mary Mwansa (2024/HN/CA/19) [2025] ZMHC 48 (14 July 2025)
Subordinate Court jurisdiction and appellate security upheld; severance pay set aside as resigned permanent employee not eligible under s54.
Employment law – Severance pay – Section 54 Employment Code Act – permanent and pensionable employees not entitled to severance under s54(1)(c) except where subsections (1)(a),(d),(e) apply; Civil procedure – Mode of commencement – default writ appropriate for liquidated severance claim; Jurisdiction – Subordinate Courts may hear severance pay claims within monetary limits; Security for costs – appellate security permissible under Order 47(1) High Court Rules and Order 39 Subordinate Courts Rules; Affidavits – exclusion of extraneous legal argument.
 14 July 2025
June 2025
Godfrey Shamanena v Anti-Corruption Commission (2025/HN/150) [2025] ZMHC 61 (13 June 2025)
Warrant of seizure under the Anti‑Corruption Act is temporary; prolonged unjustified freezing of funds requires discharge.
Anti‑corruption seizures – section 58 warrant as temporary investigative custody – section 75 does not import Forfeiture Act time limits – seizure cannot be indefinite – High Court jurisdiction where value exceeds Subordinate Court limits – remedy: discharge where unjustified prolonged retention.
 13 June 2025
March 2025
Petrolink Limited v Sydney Chisanga and Anor (2021/HN/078) [2025] ZMHC 15 (25 March 2025)
Termination notices complied with the Landlord and Tenant (Business Premises) Act; plaintiff's claims dismissed, possession and arrears/mesne profits awarded to landlord.
Landlord and Tenant (Business Premises) Act – Section 5 notice requirements – validity of notice (form, six months, two-month tenant response, grounds of opposition) – prior judgment permitting interim occupation 'unless and until' lawful termination – mesne profits as damages for trespass – assessment of arrears and mesne profits by Registrar.
 25 March 2025