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Principal Registry Lusaka - 2025 March

12 judgments
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12 judgments
Citation
Judgment date
March 2025
Francis Sakala (Suing as Headman of the Busoli Royal Establishment ) and Ors v Chieftainess Chiawa and Ors (2024/HP/0792) [2025] ZMHC 22 (31 March 2025)
Court orders plaintiffs to file an undertaking as to damages within 14 days after finding omission not automatically fatal to injunction.
Civil procedure – interlocutory injunction – undertaking as to damages – requirement and purpose – omission not automatically fatal – court’s discretion to require undertaking post-grant where justice demands.
 31 March 2025
Shuko Willie Chunga v Nukwase Chunga and Ors (2022/HPF/D053) [2025] ZMHC 23 (31 March 2025)
Committal proceedings set aside: notice lacked particulars and order lacked mandatory penal notice; personal service defect not fatal in context.
Civil procedure – Committal for contempt – Order 52 RSC – Particularity required in notice of motion; Order 45 RSC – Penal notice mandatory where order requires a person to do an act; personal service – defect curable where represented party had notice.
 31 March 2025
Legana Investments Ltd v Stanbic Bank (Z) Limited and Others (2020/HP/0973) [2025] ZMHC 185 (28 March 2025)
The applicant's stay application pending appeal was refused because the appeal showed no realistic prospects and no exceptional circumstances.
Civil procedure – Stay of execution pending appeal; Order XXXVI Rule 10 HCR; appeal does not automatically stay execution; discretionary remedy; assessment of prospects of success; requirement of exceptional circumstances.
 28 March 2025
Christopher Chilongo ( suing as Secretary General of City of Football Club 1970) v Cavmont FMO Corporation Limited and Another (2018/HP/0848) [2025] ZMHC 227 (27 March 2025)
Application for stay of execution denied: defendants failed to show prospects of success or good and convincing reasons.
Civil procedure — Stay of execution pending appeal — Application requires good and convincing reasons — Court to preview prospects of success and assess irreparable harm — Successful litigant not to be deprived of judgment’s fruits as a matter of course.
 27 March 2025
Joseph Nombo Sianyabo v Legal Practitioners Committee of the Law Association of Zambia (2024/HP/ARB012) [2025] ZMHC 235 (27 March 2025)
Court discharged an ex parte stay of a Law Association suspension due to non-disclosure and failure to show irreparable harm.
Arbitration Act s.11 – interim measures; Rule 16 (LAZ General Rules) – scope and applicability to disputes with LPC; ex parte orders – duty of full disclosure; injunctive relief – status quo, irreparable harm and balance of convenience; disciplinary proceedings of legal practitioners.
 27 March 2025
Morgan Ng'ona (Suing as member and Secretary General of the Patriotic Front party) v Miles Bwalya Sampa (Sued in his capacity as President of the Patriotic Front) (2024/HP/0938) [2025] ZMHC 16 (25 March 2025)
Court discharged an ex-parte stay, holding courts cannot stay non-judicial party decisions and expunged defective affidavit paragraphs.
Civil procedure – stay of proceedings – limits of court’s power to stay extrajudicial decisions of a political party leader; judicial review exception; procedural compliance with affidavit rules (Order 5 rules 15 and 20(c)); substitution of parties premature without formal Registrar recognition.
 25 March 2025
Ernest Ernesto Sinyolo v The University of Zambia (2024/HP/1266) [2025] ZMHC 18 (24 March 2025)
Court dismissed application to disqualify plaintiff’s counsel for conflict absent proof of relevant confidential information and risk of disclosure.
Procedure — preliminary issues under Order 33 Rule 3 may be raised by notice of motion; Legal Practitioners Rules — conflict of interest and duty of confidentiality (including former clients); admissibility — expunction of hearsay paragraphs; refusal to disqualify counsel absent proof of relevant confidential information and risk of disclosure.
 24 March 2025
Kusalwa v Mpofu (2024/HP/1404) [2025] ZMHC 198 (19 March 2025)
An interlocutory injunction preserved the plaintiff's possession of customary land pending trial over alleged fraudulent conversion to leasehold.
Civil procedure — Interlocutory injunction — Preservation of status quo — American Cyanamid principles — Land dispute under customary tenure — Alleged fraudulent conversion to leasehold — Adequacy of damages — Balance of convenience.
 19 March 2025
Lungu v MTN Zambia Limited and Another (2019/HP/1834) [2025] ZMHC 169 (18 March 2025)
Claim for unlawful termination and related damages dismissed as statute-barred under the Limitation Act; leave to appeal granted.
Limitation of actions – Limitation Act 1939 s.2(1) – claim for unlawful termination time-barred – court declines to determine other preliminary objections – dismissal for statute-bar.
 18 March 2025
Lungu v MTN Zambia Limited and Another (2019/HP/1834) [2025] ZMHC 170 (18 March 2025)
The applicant's unlawful termination claim was statute-barred under the six-year limitation period and was dismissed.
Limitation Act 1939 s.2(1) – six-year limitation for actions in contract and tort – unlawful termination claim held time-barred; procedural objections unnecessary to decide once statute-barred; dismissal with leave to appeal granted.
 18 March 2025
Whyle Chisulo and Bupe Zulu v Akayombokwa Imataa and Another (2020/HP/0813) [2025] ZMHC 184 (18 March 2025)
Specific performance ordered for the applicant despite vendor not being registered owner; privity and Statute of Frauds considered.
Contract for sale of land – Specific performance – Statute of Frauds s.4 (written memorandum and signature) – Privity of contract and enforceability against non‑owner/signatory – Security pledge of land – Alternative relief by refund and interest.
 18 March 2025
Mwila Chibiliti v Cephas Chabu and Anor (2016/HP/0541) [2025] ZMHC 10 (11 March 2025)
A disciplinary communication to board members was protected by qualified privilege; defamation claim dismissed for lack of proven malice.
Defamation – meaning and publication; Qualified privilege – common interest between sender and addressees; Malice – required to defeat qualified privilege; Burden of proof on plaintiff to rebut privilege.
 11 March 2025