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Principal Registry Lusaka - 2024 January

14 judgments

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14 judgments


January 2024
Jessy Kaonga v Brian Kapolombwe (2023/HP/0250) [2024] ZMHC 399 (31 January 2024) An interim injunction was granted to restrain dealing with disputed land pending final determination due to irreparable harm. Injunctions — interim relief — preservation of status quo — irreparable harm — serious question to be tried — balance of convenience — restraint on dealing with disputed land	31 January 2024
Rz & Mcm Enterprise Limited v Dominic Ned Musonda (2022/HP/1906) [2024] ZMHC 391 (31 January 2024) Court dismissed the plaintiff’s property-title suit as an abuse of process because identical issues were pending on appeal and in related criminal proceedings. Civil procedure — abuse of court process — duplicative proceedings and pending appeal — execution of prior judgment — concurrent civil and criminal proceedings involving same property and parties	31 January 2024
University of Lusaka Limited v Attorney General and Ors (2023/HP/0933) [2024] ZMHC 74 (31 January 2024) Where title is contested, summary proceedings under Order 113 RSC are inappropriate; matter deemed commenced by writ under Order 28 r.8 RSC. Civil procedure — summary proceedings (Order 113 RSC) — inappropriate where title is contested; Civil procedure — deemed commencement by writ (Order 28 r.8 RSC) — affidavits to be treated as pleadings; Joinder of parties — effect on procedural route; Costs — no order.	31 January 2024
Robert Chimambo v Sefuke (2023/HP/920) [2024] ZMHC 83 (30 January 2024) Order 14A cannot be used to determine factual trespass or nuisance disputes requiring trial evidence; application dismissed. Procedure — Order 14A RSC — Preliminary issues suitable for determination without trial — Requirements: suitability and finality — Locus standi — Trespass and nuisance require trial evidence — Avoid pre-empting substantive issues.	30 January 2024
The People v Director General Of Immigration and Another (2023/HP/2307) [2024] ZMHC 338 (26 January 2024) Applicants declared prohibited immigrants are entitled to temporary permits under section 27 while judicial review of their deportation is pending. Immigration law — Temporary permits under section 27 — Prohibited immigrants under section 35 and Second Schedule — Exception where court proceedings pending (section 35(3)) — Effect of leave to apply for judicial review as stay of deportation.	26 January 2024
Joseph Phiri v Natasha Tembo (2023/HPF/D598) [2024] ZMHC 382 (22 January 2024) Decree Nisi granted on two years' separation plus consent; custody, maintenance ordered and property settlement referred to mediation. Family law — Divorce — Irretrievable breakdown by two years' separation with consent — Undefended divorces decided on affidavit evidence (Special Procedure) — Order 30 Rule 6A High Court Rules — Decree Nisi; custody and maintenance; property settlement referred to mediation.	22 January 2024
Monde Mwangala Moola v Kawana Lawrence Moola (2023/HPF/D589) [2024] ZMHC 381 (22 January 2024) Court granted Decree Nisi on five years’ separation via Special Procedure, awarding custody to the applicant and costs each to bear own. Family law — Divorce by Special Procedure — Irretrievable breakdown proven by five years’ separation — Determination on affidavit under Order 30 Rule 6A — Decree Nisi granted; custody and maintenance orders; each party to bear own costs.	22 January 2024
Pamela Ingwe Chipote v Collins Chongo Chipote (2023/HPF/D678) [2024] ZMHC 374 (22 January 2024) Decree Nisi granted for five‑year separation under Special Procedure; property settlement referred to mediation; respondent ordered to pay costs. Divorce law — irretrievable breakdown — five years' separation; Special Procedure (Order 30 Rule 6A) — determination on affidavit/documents; Decree Nisi; property settlement referred to mediation (Order 31 Rule 4); costs awarded to petitioner.	22 January 2024
Rainnie Handavu v Geoffery Kazembe (2023 / HPF/D698) [2024] ZMHC 379 (22 January 2024) Undefended divorce granted on two years' separation with consent; custody and maintenance ordered; each party to bear own costs. Matrimonial Causes Act s.8 & s.9(1)(d) — dissolution for irretrievable breakdown; Special Procedure for undefended divorce — two years' separation plus consent; High Court Rules Order 30 Rule 6A — determination on documents; custody and maintenance orders; costs each party to bear own.	22 January 2024
Andy Mumbo Banda v The Attorney General (2022/HP/0124) [2024] ZMHC 2 (17 January 2024) Failure to inform a detainee of arrest grounds renders detention unlawful; petitioner awarded general and exemplary damages. Constitutional right to personal liberty (Art.13) — duty to inform detainee of reasons for arrest (Art.18(2)(d)) — section 33 CPC — unlawful detention where reasons not promptly disclosed — exemplary damages against State for arbitrary/contumelious conduct — detainee access to food and communication are justiciable rights.	17 January 2024
Davie Museisei Sililo v Zambia Railways Limited and Another (2022/HP/0951) [2024] ZMHC 402 (11 January 2024) Determination of whether railway reserve boundaries can be altered requires trial due to conflicting survey evidence and expert issues. Land law — railway reserve strip (Farm 1209) — Mashona Railways Company Act; Railways (Deviations) Act — boundary verification; survey inconsistencies and missing beacons; Order 14A summary determination unsuitable where expert evidence required; encroachment; costs in the cause; leave to appeal granted	11 January 2024
Mwobezhi Resources Limited v The Attorney General and Ors (2023/HP/974) [2024] ZMHC 191 (11 January 2024) Court refused to quash Minister’s decision but ordered Minister to operationalize the Mining Appeals Tribunal and hear the applicant’s appeal. Judicial review — certiorari and mandamus — limits of review (process not merits) — procedural impropriety, illegality, unreasonableness — duty to constitute/operationalize Mining Appeals Tribunal — deemed filing of appeal — exhaustion of administrative remedies.	11 January 2024
Zambia Community Resources Board Association Limited and Others v The Attorney General (2022/HP/0925) [2024] ZMHC 392 (11 January 2024) Court permitted joinder after judgment where an affected party lacked proof of service and had an interest in the proceedings. Joinder after judgment; Order 14 Rule 5 (High Court Rules); Order 15 Rule 6 (Supreme Court Rules); Order 53 Rule 9 (judicial review); functus officio exception; lack of service/affected party; avoidance of multiplicity of actions	11 January 2024
Simbisa Brands Zambia Limited v Total Energies Marketing Zambia Limited (2022/HP /1704) [2024] ZMHC 147 (5 January 2024) New tenancies refused where landlord proved persistent rent arrears, substantial breaches, and intention to reconstruct premises. Landlord and Tenant (Business Premises) Act — s6 (application for new tenancy); s11 (grounds to oppose: persistent delay in paying rent; substantial breaches; intention to demolish/reconstruct); s12 (court must refuse if landlord proves grounds); s13(1)(a) (possession during renovations) — security of tenure balanced against landlord's proven grounds.	5 January 2024