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Principal Registry Lusaka - 2025 February

11 judgments
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11 judgments
Citation
Judgment date
February 2025
Given Lubinda and Ors v Mukosha Funga and Ors (2020/ HP/ 0047) [2025] ZMHC 4 (28 February 2025)
Whether alleged defamatory media reports harmed the applicant's reputation and justified damages.
Defamation – libel – publications alleging involvement in illegal timber cartel – burden on plaintiff to prove reputational injury to right‑thinking members of society – plaintiff's own testimony insufficient – truth/justification and fair comment pleaded but claims dismissed for failure to prove defamation.
 28 February 2025
El Gibor Enterprises Limited v Competition and Consumer Protection Commission and LeahZulu (2022/HP/135) [2025] ZMHC 174 (21 February 2025)
Court corrected a clerical error to award costs against the applicant under rules permitting correction of accidental slips.
Civil procedure — Correction of clerical mistakes/accidental slips in judgments — Order 20 Rule 11 RSC; Order 3 Rule 2 HCR — Costs — Hutten v Harris; Trinity Engineering.
 21 February 2025
Luvweiyi and Others v Food Reserve Agency (2024/HP/0251) [2025] ZMHC 194 (19 February 2025)
Default judgment set aside where defendant showed an arguable defence and no prejudice to the plaintiff.
Civil procedure - Default judgment - Setting aside under Order 20 Rule 3 HCR; Order 47 RSC - Arguable defence on the merits paramount - Explanation for default secondary - Prejudice to plaintiff considered - Stay of execution - Leave to appeal granted
 19 February 2025
Mubanga and Another v The Attorney General (2023/HP/0403) [2025] ZMHC 188 (19 February 2025)
Whether enforcing school uniform rules requiring removal of dreadlocks unlawfully infringes a minor's religious freedom and right to education.
Constitutional law — Freedom of conscience and religion — School uniform and appearance rules — Reasonable limitations and public interest; Discrimination on grounds of creed; Right to education; Article 28 remedies.
 19 February 2025
Nathan Mubanga (Suing as the father and next friend of a minor C M) and Anor v Attorney General (2023/HP/0403) [2025] ZMHC 3 (19 February 2025)
Alleged violation of the right to freedom of conscience and religion, right to education, and right to protection from discrimination
 19 February 2025
Owen kamwi v First National Bank (2023/HP/0227) [2025] ZMHC 186 (19 February 2025)
Application to strike out for lack of jurisdiction and failure to disclose a cause of action dismissed; matter ordered to full trial.
Procedure — Preliminary points of law — Order 14A & Order 33 RSC — Order 28(8) RSC permitting conversion of originating summons to writ where contentious issues exist — jurisdictional and cause-of-action objections — dismissal of preliminary application and order to proceed to full trial.
 19 February 2025
Toonse Savings And Credit Co-Operative Limited v Mutelo Hamanje (2022/HP/0482) [2025] ZMHC 176 (19 February 2025)
Court held no leave required to issue a writ of possession in a mortgage action commenced under Order 30 Rule 14 HCR.
Civil procedure – enforcement of possession – writ of possession – mortgage actions – necessity of leave of court – equivalence of Order 30 Rule 14 HCR and Order 88 RSC – notice to party – setting aside for irregularity.
 19 February 2025
Lake Kariba Inns Limited v Steven Nyirenda and Others (2024/HP/0742) [2025] ZMHC 244 (6 February 2025)
The plaintiff’s relitigation of boundary/re-planning issues was barred as res judicata and an abuse of process; suit dismissed.
Civil procedure – Res judicata and abuse of process – multiplicity of actions; Order 14A and Order 33 RSC – prerequisites for determination of preliminary points; Section 13 High Court Act – final determination and avoidance of multiplicity; Skeleton Arguments – factual assertions require affidavit support
 6 February 2025
Olusegun Adedayo Yerokun v Zambian Open University Limited (2018/HP/A023) [2025] ZMHC 5 (6 February 2025)
Board lacked jurisdiction to try Vice‑Chancellor; appellant awarded arrears, benefits and three months’ salary damages.
Higher Education Act — Staff Tribunal required for disciplinary cases (Third Schedule, para 22); Employment discipline — double jeopardy analogy; Contract/disciplinary code interpretation — typographical error and contra proferentem; Natural justice and jurisdiction; Remedies for wrongful dismissal — arrears, benefits, damages, interest; Interpretation of “period of appeal.”
 6 February 2025
Mungulasu Gobah v Wezi Nguni (2024/HP/0659) [2025] ZMHC 243 (5 February 2025)
An interlocutory injunction obtained after incomplete service was maintained where omission was not deliberate and damages may be inadequate.
Interim injunction – discharge – Order 27 Rule 4 HCR – substituted service – service irregularity – clean hands – American Cyanamid test (serious question, adequacy of damages, balance of convenience) – leave to appeal
 5 February 2025
Ezekiel Kayumba v Electoral Commission of Zambia (2025/HP/EP/01) [2025] ZMHC 247 (3 February 2025)
A returning officer validly invalidated the petitioner's nomination for failing to produce an original valid voter's card.
Electoral law — nomination validity; production of original voters card as prima facie proof of registration — regulation 18(1)(d); affidavit and certified copy requirements; election timetable vs nomination timetable; returning officer's power to accept or reject nominations
 3 February 2025