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Principal Registry Lusaka - 2026

13 judgments

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13 judgments


April 2026
The People v The Vice Chancellor of Mulungushi University (2025 /HP/1493) [2026] ZMHC 51 (17 April 2026) Leave granted to seek judicial review of university suspension for alleged illegality, irrationality and procedural impropriety. Administrative law — Judicial review — Leave to apply — Illegality, irrationality and procedural impropriety — Order 53 RSC Civil procedure — Affidavit evidence — Counsel seized with conduct — Requirement to disclose source and prejudice	17 April 2026
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
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
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
Handa Resources Limited v Zambia Minerals Exchange Corporation Limited (2025/HP/1139) [2026] ZMHC 49 (19 January 2026) Court stayed proceedings pending appellate determination and held email service on a director satisfied the demand-letter requirement. Civil procedure — Order VI Rule 1(d) — letter of demand requirement — service by email on director valid where primary modes fail (Companies Act s34).; Enforcement — writ of fieri facias — validity and enforcement challenged in concurrent proceedings; Jurisdiction — functus officio and supervisory power of court over enforcement procedures; Abuse of process — multiplicity of actions and forum shopping; Stay — discretionary stay pending appellate determination to avoid conflicting decisions	19 January 2026
The People v Vincent Nkonde and Others (HP/219/2024) [2026] ZMHC 37 (8 January 2026)	8 January 2026