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Principal Registry Lusaka - 2025 April

13 judgments
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13 judgments
Citation
Judgment date
April 2025
Simon Zimba and Others v Zambia National Commercial Bank Plc (2022/HP/0377) [2025] ZMHC 178 (25 April 2025)
A stay pending an IRD costs application was dismissed as speculative; IRD costs are rare and awarded only for unreasonable conduct.
Civil procedure — Stay of proceedings — Discretionary, exceptional remedy; Order 3/2 and inherent jurisdiction — Applicability of Order 17/2 where discontinued suit was in the Industrial Relations Division — Costs in IRD governed by Rule 44(1): awarded only for unreasonable, vexatious or improper conduct — Discontinuance not per se unreasonable — Speculative applications for stay dismissed.
 25 April 2025
Adrew Ndanga Kamanga v Augustine Mukoka (2025/HP/0114) [2025] ZMHC 215 (24 April 2025)
Failure to serve the required demand letter on the defendant renders the writ incompetent; service on counsel is insufficient.
Civil procedure – Order VI Rule 1(1)(d) – mandatory requirement to serve a letter of demand acknowledged by the defendant – service on advocates not a substitute; failure renders originating process incompetent; clerical errors curable but do not cure mandatory non-compliance.
 24 April 2025
Erik Tembo v Peter Kalenga and Another (2024/HP/0968) [2025] ZMHC 233 (24 April 2025)
Court dismissed application to set aside judgment-on-admission where counterclaim existed, holding entry is discretionary and not automatically irregular.
Judgment on admission — Discretion of the Court — Counterclaim — Pleading and default — Regulatory breaches curable where no prejudice shown
 24 April 2025
Mloyeni Zimba v Papa Mutemwa (2019/HP/1842) [2025] ZMHC 171 (24 April 2025)
Time made of the essence by subsequent agreement; the plaintiff breached, rescission ordered and deposit refunded.
Contract for sale of land; Statute of Frauds – written memorandum; parol evidence rule; time made of the essence by subsequent agreement; specific performance refused where buyer in breach; rescission and refund of deposit ordered; failure to prove unjust enrichment or damages where party absent and did not call witnesses.
 24 April 2025
Image Civil and Electrical Engineering Limited v Koukoudis and Another (2023/HP/0748) [2025] ZMHC 187 (23 April 2025)
Whether a preliminary Order 14A determination is appropriate where material facts about professional registration and entitlement to fees are disputed.
Civil procedure – Order 14A application – suitability for determination without trial – disputed material facts; Professional regulation – Zambia Institute of Architects Act – registration and enforceability of architectural fee claims; contractual illegality and third‑party entitlement to payments; unjust enrichment argument.
 23 April 2025
Mukels Investment Limited v Muma Mwamba and Another (2020/HP/0002) [2025] ZMHC 182 (23 April 2025)
Court refused to dismiss the land action for want of prosecution, finding delay justified by a pending application and death of instructing party.
Civil procedure — dismissal for want of prosecution — Order XXXI Rule 2(2) High Court Rules — draconian power to be exercised sparingly — requirement of prolonged/inordinate and inexcusable delay and prejudice — pending interlocutory application and death of instructing party as justification — costs in the cause.
 23 April 2025
Nkonde v Mphande and Others (2022/HP/A012) [2025] ZMHC 173 (22 April 2025)
A respondent's notice of appeal filed out of time without leave renders the Lands Tribunal proceedings invalid and is set aside.
Lands Tribunal procedure — Time limits and limitation — Rule 3(2) Lands Tribunal Rules — Notice of appeal filed out of time without leave — Amendment of process — Abuse of court process — Stay pending payment of costs.
 22 April 2025
Prudent Solution Limited v Chonta (2024/HP/0204) [2025] ZMHC 196 (16 April 2025)
Whether a money-lender registered under the Money Lenders Act may create equitable mortgages and sue in the High Court.
Jurisdiction – High Court v Subordinate Courts – monetary limits; Banking and Financial Services Act exclusion of Money Lenders Act registrants; Moneylenders – creation/enforceability of equitable mortgages; Illegality defence – late plea and benefitted party; Order 14A applications to determine preliminary questions of law.
 16 April 2025
Zamastone Mining Limited and Another v Albatross Mining Limited and Another (2022/HP/0559) [2025] ZMHC 177 (16 April 2025)
Application to set aside ex parte committal leave dismissed because supporting affidavit was improperly sworn by counsel.
Contempt proceedings – personal service of order and committal process; Affidavits – impropriety of counsel swearing affidavits in contentious matters; Consent orders – requirement for penal notice and clear time for compliance; Waiver – "fresh steps" doctrine and procedural objections; Courts – strict adherence to procedure in contempt applications.
 16 April 2025
Banda and Others v Roland Imperial Tobacco Company Limited (2024/HP/0313) [2025] ZMHC 204 (14 April 2025)
Default judgment set aside for arguable defence, but action dismissed for plaintiffs' failure to attend two status conferences.
Civil procedure — Default judgment — Setting aside default judgment where an arguable defence exists; Civil procedure — Dismissal for failure to attend scheduling/status conferences — Order XIX Rule 7 (mandatory 'shall'); procedural compliance and consequences; costs; leave to appeal.
 14 April 2025
Zambia Daily Mail v Andrew Chola (2019/HP/1127) [2025] ZMHC 166 (14 April 2025)
Application to dismiss for want of prosecution granted due to inordinate, inexcusable delay threatening a fair trial.
Civil procedure — dismissal for want of prosecution; inordinate and inexcusable delay; abuse of court process; responsibility to follow up for Orders for Directions; prejudice to fair trial; costs; leave to appeal.
 14 April 2025
Daniel Lungu v Owen John Ndebele (2023/HP/2249) [2025] ZMHC 229 (3 April 2025)
Court orders completion of sale for half acre, treats separate K98,000 transaction as a loan, awards K23,000 plus interest and costs.
Property law — Sale versus loan: distinguishing a sale agreement from a loan secured by land; specific performance for land; admissibility and weight of advertisement, written agreement and bank transfer as evidence; award of interest and costs; leave to appeal granted.
 3 April 2025
Zambia Cargo and Logistics Limited v David Chimfwembe (2024/HP/ARB/NO. 008) [2025] ZMHC 85 (2 April 2025)
Application to consolidate arbitration-related actions dismissed because the matters were in different divisions and transfer was required.
Civil procedure – Consolidation of actions – Order III r5 HCR and Order 4 r9 RSC – divisional jurisdiction – arbitration awards – transfer vs consolidation – mootness of interlocutory award proceedings.
 2 April 2025