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Principal Registry Lusaka - 2025 June

6 judgments
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6 judgments
Citation
Judgment date
June 2025
Patrick Banda v Catherine Haluciso Banda (2022/HP/D123) [2025] ZMHC 37 (24 June 2025)
24 June 2025
Phanwuel Mweetwa Natala v Sanlam Life Insurance Zambia Limited (2022/HP/0121) [2025] ZMHC 127 (23 June 2025)
The applicant's resignation did not amount to constructive dismissal; disciplinary action did not fundamentally breach the employment contract.
Employment law – Constructive dismissal – three‑part test (resignation, fundamental breach, prompt action) – disciplinary process – unauthorised absence vs refusal to obey lawful instructions – internal remedies and PIP regularisation – high threshold for constructive dismissal.
 23 June 2025
Evans Mutale v Luxhome Properties Limited and Ors (2022/HP/0882) [2025] ZMHC 45 (19 June 2025)
Non-compliance with Companies Act procedures rendered the director removal and share forfeiture void; plaintiff restored and entitled to account.
Companies Act s98 — removal of directors — mandatory notice and procedural safeguards; Calls on shares and forfeiture — requirement for board/shareholder resolution under articles and s148; Right of director/shareholder to inspect company records and to dividends (s159); Allegations of fraud require higher standard of proof; Loan largely settled — entitlement to reserved plot.
 19 June 2025
Rose Tembo v Ballore Transport and Logistics Zambia Limited (2022/HP/0644) [2025] ZMHC 58 (19 June 2025)
Termination unlawful where respondent failed to specify or substantiate valid reasons connected to conduct or operational requirements.
Employment law – termination – Section 36(3) Employment Act – employer must give and prove valid reason connected to capacity, conduct or bona fide operational requirements – employer bears evidential burden – disciplinary procedure where misconduct alleged – damages for wrongful termination.
 19 June 2025
Andrew Kamanga v The Attorney General (2025/HP/0233) [2025] ZMHC 33 (17 June 2025)
Requirement to seek DEC permission and confiscation of passport unlawfully restricted the applicant's freedom of movement; presentation to court ordered.
Constitutional law — freedom of movement and passport seizure — police bond conditions; right to fair hearing within a reasonable time (Article 18(1)); limits on administrative restrictions pending criminal investigations.
 17 June 2025
The People v Raphael Mwansa (HP/259/2024) [2025] ZMHC 32 (16 June 2025)
Circumstantial evidence and investigative failures meant murder was not proved beyond reasonable doubt; accused acquitted.
Criminal law — Murder — Circumstantial evidence and burden of proof beyond reasonable doubt — Res gestae admissible but not determinative — Investigative duty to conduct forensic examination (fingerprints on weapon) — Failure to investigate possible third‑party intruder operates in favour of accused — Where multiple inferences possible, adopt inference favourable to accused.
 16 June 2025