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Principal Registry Lusaka - 2024 December

13 judgments
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13 judgments
December 2024
Lupiya Peter Sakala And Ors v Zambia National Commercial Bank Plc (2021/HP/0787) [2024] ZMHC 288 (26 December 2024)
Whether attestation to revised terms barred claims under earlier severance rules and whether housing allowance must be included in terminal benefits.
  • Employment law — variation of contract — consent and acquiescence via attestation — early retirement vs severance — inclusion of housing allowance in terminal benefits — limitation (six‑year) bar to contractual claims.
26 December 2024
Bentley Kumalo and 13 Ors v Jaulani Mtine and Ors (2023/HP/1756) [2024] ZMHC 285 (18 December 2024)
A consent judgment alleged to have been procured by fraud may be challenged in a fresh action; res judicata does not automatically bar such a challenge.
  • Civil procedure — abuse of court process; res judicata — limits where judgment procured by fraud; setting aside consent judgment obtained by fraud; fresh action required; particularity and proof of fraud.
18 December 2024
Kaulmas Investments Limited v The Commissioner of Lands (2018/HP/1965) [2024] ZMHC 281 (18 December 2024)
A re-entry dispute under s13(3) of the Lands Act lies before the Lands Tribunal, not the High Court.
  • Lands Act s13(3) — Certificate of re-entry — Jurisdiction — Lands Tribunal is the proper forum; High Court’s jurisdiction in land matters limited by statute; Order 14A application to determine point of law without full trial.
18 December 2024
Brian Banda Lupasa v Sipiwe Sinda Mulomba Ngoma and Ors (2019/HP/0675) [2024] ZMHC 283 (17 December 2024)
The plaintiff's amendments were allowed except the relief directing the Commissioner to subdivide already leased land, which was refused.
  • Civil procedure — Amendment of pleadings — Principles for allowing amendments; Competency of relief — Court cannot order the Commissioner of Lands to subdivide land already granted by lease; Cause of action — Allegations of fraudulent acquisition and liability of implicated parties; Costs in the cause; Leave to appeal granted.
17 December 2024
Ju Fred Matenda Lungu v Chilupe and Permanent Chambers (Sued in its capacity both as a law firm and and employer) (2021/HP/1491) [2024] ZMHC 284 (17 December 2024)
A claim filed after the six‑year limitation period is statute‑barred and must be dismissed, rendering preliminary pleadings challenges otiose.
  • Limitation of actions — six‑year period under Limitation of Actions Act 1939 — statute‑barred claims; limitation may be raised at any stage; striking out pleadings — scandalous/extraneous material — Order 18 Rule 19 (White Book); jurisdictional limits re Legal Practitioners Act complaints.
17 December 2024
Mwiza Mbewe and Anor v Attorney General (2019/HP/1624) [2024] ZMHC 278 (17 December 2024)
High Court lacks jurisdiction to determine disputes over certificates of re-entry; recourse is to the Lands Tribunal.
  • Lands Act s.13(3) — Certificate of re-entry — Jurisdiction — Challenges to re-entry fall within the Lands Tribunal’s exclusive jurisdiction — High Court lacks jurisdiction to determine re-entry disputes.
17 December 2024
James Philip Mdala (Suing as Administrator of the Estate of Agnes Lucia Kaluzi Mdala) v Viva Med Limited and Ors (2021/HP/0790) [2024] ZMHC 265 (10 December 2024)
Applicant failed to prove respondents’ medical negligence or regulator’s statutory breach; leave to appeal granted.
  • Medical negligence — standard of care (Bolam) — peri‑operative anaphylaxis and CPR management — causation and duty to warn (Chester v Afshar considered but not applied) — weight of expert evidence — regulatory/licensing duty of Health Professions Council — absence of post‑mortem undermining causation.
10 December 2024
Christopher Chilongo (Suing as Secretary General of City of Lusaka Football Club 1970) v Cavmont FMO Corporation Limited and Anor (2018/HP/848) [2024] ZMHC 263 (9 December 2024)
Court invalidated a special resolution and consequent share transfers as void, ordered reversion and equitable compensation with 1st defendant mainly liable.
  • Company law — alteration of share capital — validity of resolutions — Companies Act (sections mirroring old s.74/now s.140) — directors’ powers and requirement for member approval — subscription agreements — burden of proof for validity of meetings and resolutions — conversion and allotment of shares — transfers and assignments void for illegality — unjust enrichment and equitable restitution — apportionment of compensation.
9 December 2024
Food Reserve Agency v Lusaka Province Co-Operative Union Limited (2023/HP/ARB/002) [2024] ZMHC 279 (9 December 2024)
An arbitral award was set aside because the arbitrator failed to determine the applicant's counterclaim, though delay and other procedural complaints failed.
  • Arbitration Act s.17 — setting aside arbitral award; Originating summons procedure — Rule 34 Arbitration (Court Proceedings) Rules; computation of time; service on counsel; arbitrator’s procedural powers post‑hearing; denial of hearing opportunity; failure to decide counterclaim renders award invalid; delay and public policy.
9 December 2024
Ultra Care Dental Clinic Limited v Patents And Companies Registration Agency (PACRA) (2024/HPA/070) [2024] ZMHC 361 (6 December 2024)
The applicant’s ex parte request for a stay of a Registrar directive to change its name was dismissed for lack of good and convincing reasons.
  • Companies Act s.341 — appeal against Registrar’s decision — stay of execution — discretionary remedy — requirements for grant of stay (irreparable harm, appeal rendered nugatory) — Order 59 Rule 13 — Nyampala Safaris precedent.
6 December 2024
Albatross Mining Limited v Zamastone Limited and Ors (2024/HP/1527) [2024] ZMHC 282 (3 December 2024)
Applicant failed to demonstrate high prospects of success to justify a stay of execution of a consent judgment.
  • Stay of execution — consent judgment — setting aside consent judgment — applicant must show high prospects of success; Order 3 r.2 HCR; legal representation undermining claim of non-comprehension.
3 December 2024
Frank Chinambu and Anor v Zambia Airports Corporation Limited (2020/HP/0482) [2024] ZMHC 270 (3 December 2024)
Director's Car Policy was contractual; sale price wrongly computed (20% depreciation only) and plaintiff entitled to pro‑rata bonus.
  • Employment law — incorporated terms — Director's Car Policy forms part of contract; interpretation of disposal formula (20% depreciation then 25% of residual); management computes sale price, Board approves; entitlement to pro‑rata bonus where employer caused lack of appraisal.
3 December 2024
Sikopo Mataa Ng'andu v Tripher Ng'andu (2024/HPF/D380) [2024] ZMHC 268 (3 December 2024)
Court found irretrievable breakdown due to respondent's unreasonable behaviour and granted a decree nisi, with property settlement referred to Registrar.
  • Divorce — Irretrievable breakdown — Unreasonable behaviour (physical assault, failure to provide, prolonged separation) — Section 8 and 9(1)(b) Matrimonial Causes Act — Jurisdiction (domicile/residence; one-year rule) — Objective reasonable person standard — Cumulative conduct — Decree nisi; property settlement referral; costs; leave to appeal.
3 December 2024