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Principal Registry Lusaka - 2026 February

3 judgments
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3 judgments
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
Mercy Makiwa v Duma Moyo and Others (2021/HP/0187; 2021/HP/0196) [2026] ZMHC 50 (18 February 2026)
The court granted leave to subpoena PACRA for company records and testimony, rejecting res judicata and timing objections.
  • Civil procedure — Subpoena duces tecum ad testificandum — High Court Act s27 and High Court Rules Order III r2 — production of corporate/registration records — res judicata objection — timing of subpoenas after witness lists
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