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Principal Registry Lusaka - 2026

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10 judgments
Citation
Judgment date
March 2026
Aaron Jere v Paramount Chief Mpezeni IV and Others (2017/HP/1748) [2026] ZMHC 39 (19 March 2026)
Applicant's challenge to removal as Ngoni chief dismissed; paramount chief's customary authority upheld.
:[
 19 March 2026
Metro Advertising Limited v Zambia National Commercial Bank Plc (2024/HPC/0542) [2026] ZMHC 36 (13 March 2026)
A commitment letter during ongoing negotiations did not create a binding contract; claims were dismissed.
Contract formation — Commitment letters/letters of intent — Intention to create legal relations — Certainty of essential terms — Consideration — Proof of special damages for loss of business.
 13 March 2026
Angness Mankuwe and Others v The Attorney General (2022/HP/1954) [2026] ZMHC 30 (11 March 2026)
Plaintiffs proved false imprisonment and are awarded damages, but failed to prove malicious prosecution for lack of malice.
Malicious prosecution — elements: prosecution, favorable termination, absence of reasonable and probable cause, malice; False imprisonment — unlawful arrest, burden of proof; Damages — general, aggravated, exemplary; Effect of defendant's default on burden of proof.
 11 March 2026
The People v Chanda Bwalya (2025 / HP/46) [2026] ZMHC 33 (11 March 2026)
The accused’s failure to restrain and comply with statutory duties for dogs amounted to manslaughter by gross negligence.
Criminal law – Manslaughter by omission – Duty of care of animal owner; Control of Dogs Act breaches – registration, vaccination, confinement, numerical limits; Culpable/gross negligence as basis for manslaughter; Causation – but for test; Young child/tender years – not treated as trespasser; Regulatory breach elevating to criminal liability.
 11 March 2026
February 2026
Lukezo Juwaki v National Road Fund Agency (2023/HP/2230) [2026] ZMHC 26 (18 February 2026)
A public body cannot itself sue for statutory surcharges; recovery of lost public funds lies with the Treasury and Attorney General.
Public Finance Management Act s52 — surcharge of public officers; Secretary to the Treasury's power to determine loss; Attorney General's exclusive right to sue for recovery; statutory bodies as 'public bodies'; refund vs surcharge distinction; Employment Code s68(1)(f) inapplicable.
 18 February 2026
Andrew Kampolo and 26 Ors v Zambia National Commercial Bank Plc (2022/HP/0808) [2026] ZMHC 19 (13 February 2026)
Plaintiffs failed to prove an accrued entitlement or legitimate expectation to discretionary 2021 bonuses; case dismissed with costs.
Employment law – discretionary performance bonuses – eligibility criteria (company objectives, individual year‑end appraisal, ability to pay, employment at payment) – accrued rights to bonuses – payment in lieu of notice terminates employment – legitimate expectation – pleadings and admissibility of unpleaded claims.
 13 February 2026
January 2026
Julie J.G. Limpic v MKP South Africa (Zambia) Limited and Another (2024/HP/1025) [2026] ZMHC 34 (30 January 2026)
An application to strike out a director for misjoinder failed where facts did not show he acted personally rather than for the company.
Company law – separate legal personality – corporate veil – misjoinder/striking out under Order 14 Rule 5(2) – director’s personal liability – interlocutory determination of factual questions.
 30 January 2026
Christopher Mvunga v Miles Bwalya Sampa (2025/HP/0188) [2026] ZMHC 27 (28 January 2026)
Whether WhatsApp service of a pre‑litigation demand letter suffices to commence proceedings under Order 6 Rule 1(d).
Civil procedure – Pre‑litigation demand letter – Order 6 Rule 1(d) High Court Rules – Validity of service by WhatsApp – Affidavit of service as corroboration – Order 2 Rule 2 RSC (set aside for irregularity) – Electronic Communications and Transactions Act 2021 does not override Rules of Court on service.
 28 January 2026
Starkwood General Trading LLC Limited v Umoyo Natural Health Limited and Others (2025/HPC/0382) [2026] ZMHC 35 (27 January 2026)
27 January 2026
The People v Vincent Nkonde and Others (HP/219/2024) [2026] ZMHC 37 (8 January 2026)
8 January 2026