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Citation
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Judgment date
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| March 2026 |
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Leave to appeal granted due to significant procedural and substantive errors about an unsigned memorandum and the law on guarantees.
Civil procedure — Leave to appeal to Supreme Court under s.24(b) — Validity and effect of unsigned Memorandum of Appeal; Appellate jurisdiction and competence. Civil and contract law — Personal guarantees v performance bonds — construction of guarantees; conditional vs on-demand liability. Abuse of court process — institution of separate proceedings against guarantors. Public importance of appellate procedural regularity
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10 March 2026 |
| February 2026 |
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Applicants granted leave to appeal where proposed grounds raised legal issues, mixed questions, and procedural concerns warranting Supreme Court review.
Leave to appeal – section 13 Court of Appeal Act – point of law of public importance – mixed law and fact – witness demeanour versus evidence – PACRA records and shareholding – fiduciary duties of directors – costs and interested parties – court practice directions (page limits)
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11 February 2026 |
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Applicants failed to show a point of public importance or reasonable prospects of success to obtain leave to appeal under section 13(3).
Employment law – Redundancy pay – Interpretation of sections 54(1)(d), 55(3) and 67(4) of the Employment Code Act – "Other benefits" and inclusion of car allowances, talk-time and bonuses – Distinction between tools of trade and remunerative emoluments – Leave to appeal under section 13(3) Court of Appeal Act – public importance, prospects of success, compelling reasons.
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11 February 2026 |
| January 2026 |
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Whether a disputed debt quantum defeats a winding-up petition despite admission of indebtedness, raising public-law issues.
Corporate insolvency — winding-up petitions — disputed quantum of debt versus admission of indebtedness — leave to appeal — point of law of public importance — prospects of success — section 13 Court of Appeal Act.
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29 January 2026 |
| December 2025 |
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Arbitrator exceeded jurisdiction and departed from agreed procedure; award (including benefit to a non‑party) set aside for breach of arbitration agreement and public policy.
Arbitration — party autonomy; scope of submission to arbitration; jurisdiction of arbitrator; strict rules of evidence vs ex aequo et bono; awards to non‑parties; public policy; setting aside under s.17 Arbitration Act; Article 28 and Article 33 Model Law.
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31 December 2025 |
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State occupation during emergency does not defeat an applicant's certificate of title; compulsory acquisition requires law and compensation.
Land law – State occupation of privately titled land – occupation during (semi-)state of emergency does not create legal/equitable title – bona fide purchaser for value without notice – conclusiveness of certificate of title – cancellation only for fraud/mistake/impropriety – compulsory acquisition and compensation required.
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12 December 2025 |
| October 2025 |
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Whether discrimination and equal-pay claims under Employment Code s.5 are arbitrable and whether tribunals may compare non-parties' contracts.
Arbitration – Arbitrability of employment discrimination claims under Employment Code s.5 – Overlap of civil remedies and statutory offences – Public policy and jurisdiction of arbitral tribunals – Use of non-parties' employment contracts in arbitration.
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28 October 2025 |
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Court refused to admit fresh Cadastre evidence, finding it previously available and irrelevant to the procedural appeal issue.
Civil procedure — Admission of fresh evidence on appeal — section 25(1)(b)(i) Supreme Court of Zambia Act; Ladd v Marshall test; Order 59 r.10(18) (White Book) for post-trial evidence; relevance and availability of Cadastre documents; procedural challenge to issuance of mining licence (writ of trespass v appeal under s.97(1) Mines and Minerals Development Act; evidence of licence termination/expiry.
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27 October 2025 |
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Leave to appeal granted where appeal raises a novel, public-importance question on eminent domain and allocation to private parties.
Appellate procedure — Leave to appeal under s.13 Court of Appeal Act — Character of appeal vs. grounds — Public importance — Novel question whether exercise of eminent domain for public purpose may be repurposed and allocated to private entities — Prima facie prospects of success — Costs awarded.
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2 October 2025 |
| September 2025 |
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Whether applicants in a resettlement scheme acquired proprietary land rights or only licence interests, and whether that raises public‑importance legal issues.
Procedure – Record of motion – compliance with Rule 48; Civil appeals – Leave to appeal under s.13(3) Court of Appeal Act – point of law of public importance; Land law – nature of rights in resettlement schemes (proprietary v licence) – fact‑specific disputes; Prospects of success and compelling reasons for leave.
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19 September 2025 |
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Whether employed legal practitioners may concurrently engage in private practice under Rules 24 and 27.
Legal Practitioners' Practice Rules — Part V (Employed Legal Practitioners) — Rule 24(2) prohibits employed legal practitioners from providing legal services other than for their employer; Rule 27 restricts practice to representing the employer and prescribes prerequisites; contract tainted with illegality — unenforceability; appellate jurisdiction — remittal of unresolved counterclaim for hearing; regulatory duty of Law Association of Zambia (LAZ).
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19 September 2025 |
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Irregular transfer to the Economic and Financial Crimes Division deprived that court of jurisdiction; matter remitted to General Division.
Constitutional/human-rights petitions — Irregular transfer of cause — Section 23 High Court Act — Effect on jurisdiction — Remedy: remit to General Division — Appellate court may raise jurisdictional defects suo motu.
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19 September 2025 |
| August 2025 |
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Circumstantial evidence excluding reasonable alternative hypotheses warranted the appellant's murder conviction; appeal dismissed.
Criminal law — Murder — Circumstantial evidence — Last seen theory — Inference of guilt must exclude reasonable alternative hypotheses — Appeal challenging factual findings and credibility assessments dismissed.
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20 August 2025 |
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Taxpayer bears burden to disprove assessment; aggregation and documentation requests permissible; comparables must be economically comparable.
Tax — Transfer pricing: burden of proof on taxpayer; aggregation of related‑party transactions permissible where closely linked; Commissioner’s power to request transfer‑pricing documentation under s.47(1)/s.58(a); functional analysis supports low‑risk distributor classification; comparables must be economically comparable; limits on Tribunal ordering reassessments; treatment of unrealised forex losses.
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20 August 2025 |
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An administrator's challenge to a 2004 inter vivos land transfer was statute-barred; annulment of a later marriage did not revive limitation.
Limitation of actions — accrual of cause of action — land transfer inter vivos — registered Certificate of Title — administrators' rights — effect of annulment of marriage on prior transfers — necessity to plead mistake.
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19 August 2025 |
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Whether applicants met statutory thresholds for leave to appeal and whether judicial decisions operate retrospectively.
Appeals — leave to appeal — section 13 Court of Appeal Act — prospects of success, public importance, compelling reasons; Judicial decisions — retrospective effect; Stare decisis — Court of Appeal bound by Supreme Court; Registrar/IRD powers; Industrial relations procedure.
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14 August 2025 |
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Extension of time refused: 50-day delay and inadequate corporate explanation made extension unjustifiable.
Civil procedure — extension of time to file renewed application for leave to appeal — discretion requires sufficient explanation and credible material — inordinate delay (50 days) fatal — corporate applicant cannot rely on single director's absence abroad.
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13 August 2025 |
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An irregular transfer to the EFCC deprived that court of jurisdiction; the judgment was quashed and remitted to the General Division.
Constitutional jurisdiction – High Court divisions are administrative; EFCC may hear matters of the High Court – Transfer of causes between judges requires compliance with s.23 High Court Act (written order and transferee consent) – Irregular transfer deprives receiving division of jurisdiction – Quashing of judgment and remittal to original division.
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13 August 2025 |
| July 2025 |
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Appellate court erred by treating a public land‑allocation interview scheduling decision as "improper" and by directing how the Commissioner must conduct allocations.
Land allocation — Advertisement and interviews for public land — Corporate applicants act through authorised agents — Request to reschedule interviews — Administrative discretion of Commissioner of Lands — Limits on appellate courts prescribing executive procedure — No basis to declare allocation null and void — Costs orders.
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25 July 2025 |
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Recusal requires factual proof of extra‑judicial personal bias; dissatisfaction with rulings is insufficient.
Judicial recusal – Judicial (Code of Conduct) Act ss 4 and 6 – burden and standard of proof – reasonable apprehension of bias – extra‑judicial/personal interest required – recusal not a vehicle to reopen final Supreme Court decisions – costs for frivolous motions.
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24 July 2025 |
| May 2025 |
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A single judge lacks jurisdiction to withdraw and re-file a motion once it is pending before the full Court.
Civil procedure – Jurisdiction of single judge – Withdrawal, amendment and re-filing of record of motion pending before full Court – Preliminary objection – Section 4 Supreme Court Act – Rules 11 and 68(1) SCR.
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21 May 2025 |
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Whether proposed grounds disclose public-law importance and good prospects to justify leave and a stay of execution.
Civil procedure – leave to appeal – Court of Appeal Act s.13 threshold – stay of execution – prospects of success and irreparable harm – competence of renewed application – prohibition against predetermining pending appeals.
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19 May 2025 |
| April 2025 |
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Leave granted to appeal to clarify section 55 Employment Code and whether redundancy damages are based on gross/basic or net pay.
Employment law — redundancy — interpretation of section 55 Employment Code — measure of damages for unlawful termination — severance pay: basic (gross) v net salary — leave to appeal for issues of public importance.
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29 April 2025 |
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Irregular transfer of a constitutional petition to another division without lawful order renders proceedings a nullity.
Constitutional jurisdiction – Part III (Article 28) petitions – transfer of causes between judges – Section 23 High Court Act – requirement of formal transfer order – irregular transfer renders proceedings a nullity – preservation of petition character when reallocated – Economic and Financial Crimes Division jurisdiction.
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17 April 2025 |
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Whether a civil appellate finding or a previous nolle prosequi bars subsequent criminal prosecution arising from the same facts.
Judicial review appeals — procedural requirements for appeals — applicability of English RSC provisions versus domestic Supreme Court Rules; nolle prosequi and section 81(1) CPC — effect on subsequent prosecutions; res judicata/issue estoppel — limits of civil judgments to bar criminal proceedings; distinction between civil and criminal standards of proof.
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8 April 2025 |
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Leave granted to determine whether the regulator had authority under the repealed Securities Act to authorise mergers and charge fees.
Securities law — Authority to authorise mergers and takeovers under repealed Securities Act Cap. 354 — Lawfulness of charging authorisation fees — Point of law of public importance (s.13 Court of Appeal Act) — Effect of statutory repeal on justiciability.
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3 April 2025 |
| March 2025 |
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Whether Article 28(1) confines Part III enforcement to petition proceedings or permits alternative procedural routes; leave to appeal granted.
Constitutional law — Article 28(1) — mode of commencement of Part III claims — petition v writ; leave to appeal — point of law of public importance; access to justice; jurisdiction — procedural bars and Order 14A preliminary issues.
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28 March 2025 |
| February 2025 |
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A High Court can enforce a registered arbitral award but cannot pierce the corporate veil to create third‑party liability.
Arbitration Act – effect of arbitral award (finality and parties bound) – registration and enforcement in High Court; Court’s complementary/supportive role (Section 14(4), Section 17) vs limited supervisory powers; Enforcement mechanisms – writs of fieri facias, garnishee, charging orders, receiver, committal, sequestration (Order 45 White Book); Piercing the corporate veil – substantive remedy and standalone action, not an execution mechanism; Procedural requirements for veil piercing; Improper use of interlocutory summons to enforce award.
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21 February 2025 |
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Whether "salary" includes allowances for computing retirement benefits and whether interpretation can reopen settled awards.
Employment law – retirement benefits – construction of "salary" – whether allowances form part of salary for gratuity – interpretation versus review of judgments – effect of appellate reversal on assessment of awards.
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12 February 2025 |
| January 2025 |
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Murder conviction quashed: prior inconsistent statement inadmissible, res gestae not established, causation unproven.
Criminal law – Murder – Admissibility of hostile witness's prior inconsistent statement – res gestae and hearsay – suspect witnesses and corroboration – causation between assault and death – burden of proof beyond reasonable doubt.
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16 January 2025 |
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Leave granted to appeal because reasonable doubt exists whether lender consent and corporate formalities validated the liability transfer.
Company and contract law — transfer of liability under loan agreement requiring lender's written consent — validity of shareholder resolutions and corporate authority — potential conflict of roles of director representing multiple corporate interests — leave to appeal granted.
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15 January 2025 |
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Whether Legal Practitioners' Practice Rules prohibit simultaneous private practice and full‑time in‑house employment.
Legal Practitioners' Practice Rules (Rules 24(2) & 27) – in-house counsel v private practice – whether simultaneous private practice and full-time/part-time in‑house employment is prohibited; procedural fairness – appellate court resolving factual contractual issues without retrial; leave to appeal under s.13(3) Court of Appeal Act.
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15 January 2025 |
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Whether the corporate veil can be lifted by joinder after judgment and the appropriate procedure and proof required.
Company law – Lifting the corporate veil – Whether veil may be lifted by joinder post-judgment – Procedure and burden of proof – Asset hiving to defeat execution – Leave to appeal and stay of execution.
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15 January 2025 |
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Local Court lacked jurisdiction; conveyancing void; transaction was a loan, appellant liable for ZMW300,000 plus interest.
:[
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10 January 2025 |
| November 2024 |
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Whether a High Court may extend time for an appeal previously dismissed by the Court of Appeal.
Civil procedure – jurisdiction – extension of time to appeal – effect of a Court of Appeal single-judge dismissal – resuscitation of a dismissed appeal – permission to appeal – public importance – mootness.
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8 November 2024 |
| October 2024 |
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Whether the Director of Mining Cadastre may grant mining access over surface rights without notice, and jurisdictional consequences.
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23 October 2024 |
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Turquand rule inapplicable where respondent had actual knowledge of evident internal irregularities in the vendor company.
Company law – Turquand/Indoor Management Rule – exceptions where suspicious circumstances or notice exist – purchaser’s duty to make minimum enquiries – Members' resolution required for disposal of company assets – title cancellation for fraud/irregularity.
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7 October 2024 |
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Renewed application for permission to appeal refused: applicant failed to meet statutory threshold of public importance, prospects, or compelling reasons.
Appellate procedure – Permission to appeal to Supreme Court – Section 13(3) Court of Appeal Act – tests: point of law of public importance; reasonable prospects of success; other compelling reasons – BIDVEST principles applied. Civil procedure – renewed applications – confined to grounds raised below. Affidavit practice – interlocutory proceedings permit statements of information or belief with source; evidence must be properly served; skeleton arguments cannot substitute affidavit evidence. Res judicata – settled law, not raising public importance
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4 October 2024 |
| August 2024 |
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Whether the Supreme Court may entertain applications for leave to appeal despite Article 131(2) vesting leave in the Court of Appeal.
Constitutional law — Jurisdiction of superior courts — Whether Supreme Court may entertain applications for leave to appeal — Interaction of Articles 125 and 131 — Role of other written laws (Supreme Court Act, Rules) in conferring jurisdiction.
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15 August 2024 |
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Failure to serve a required demand letter on every defendant renders a writ incompetent and cannot be cured by registry acceptance.
Civil procedure — Order VI High Court (Amendment) Rules 2020 — Requirement to serve letter of demand on each defendant before issuing writ — Writ unsupported by prescribed documents not to be accepted — Registry acceptance does not cure jurisdictional defect — Imputed notice to related companies insufficient.
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15 August 2024 |
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Appellant's failure to plead and prove public-policy grounds under Rule 23 rendered its challenge to the arbitral award incompetent.
Arbitration — setting aside award under s.17 — public policy; Arbitration (Court Proceedings) Rules r.23(2)(c) — affidavit must state facts relied upon; Limited judicial review — courts may examine due process and jurisdiction, not merits; Pleading and proof obligations — grounds not raised in High Court cannot be first advanced on appeal.
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7 August 2024 |
| July 2024 |
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An equitable contractual lien and a restored possession order entitled the respondents to be joined to the mortgage action.
Equitable (contractual) lien under construction contract – sufficiency for joinder to mortgage action; mechanic’s (statutory) lien not applicable in Zambia; prior restored judgment granting possession reinforces interest; joinder appropriate where decision affects non-party’s interest; registration under Lands and Deeds Registry Act not necessarily fatal to equitable lien.
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24 July 2024 |
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Applicant's renewed leave to appeal denied; no novel point of law and factual findings on title and fraud upheld.
Civil procedure – leave to appeal – Section 13 Court of Appeal Act – question of law of public importance; Order 28 RSC (White Book) – originating summons deemed writ – directions; Pleading of fraud – particularity v. reliance on unopposed evidence; Property law – bona fide purchaser for value and due diligence; Appellate restraint on findings of fact; Costs – award to non-attending party.
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24 July 2024 |
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Supreme Court holds Court of Appeal lacked jurisdiction over substantive Article 28 appeal and vacates its judgment.
Constitutional law – Article 28 appeals – appellate route and jurisdiction – interlocutory versus substantive appeals – Court of Appeal lacked jurisdiction – decision void and vacated; procedural commencement (petition vs writ) noted.
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23 July 2024 |
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The Court of Appeal lacked jurisdiction to hear a substantive Article 28 appeal; its judgment was vacated.
Constitutional law — Article 28 appeals — jurisdictional route for appeals from High Court on Bill of Rights — Kabwe Order; Hakainde Hichilema clarification — decision without jurisdiction void — mode of commencement of constitutional claims.
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23 July 2024 |
| June 2024 |
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Whether a one-year delay for power connection was reasonable under the contract and Regulation 14.
[Contract law] Reasonable time for performance; interpretation of 'at the earliest possible time' and Regulation 14; notice making time of the essence; judicial notice of a party's status as sole national supplier; assessment of procurement and COVID-19 delays.
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19 June 2024 |
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Conviction upheld where voluntary confession and recent possession proved guilt; second appellant's appeal abated on death.
Criminal law – Confession admissibility – Burden to prove voluntariness – Trial-within-a-trial credibility assessment – Recent possession doctrine – Appeal abatement on death of appellant.
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11 June 2024 |
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Admissions to village headmen or neighbourhood watchmen are admissible absent coercion; voluntariness is a credibility issue.
Criminal law – admissibility of confessions – Judges' Rules apply to persons in authority only – admissions to village headmen/neighbourhood watchmen admissible absent coercion – voluntariness and credibility – afterthoughts – failure to produce postmortem not fatal where evidence cogent.
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11 June 2024 |
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Conviction unsafe where prosecution failed to rule out accidental fire despite voice-identification and threats evidence.
Criminal law – murder by arson – circumstantial evidence – necessity to exclude accidental fire where no eyewitness; voice-identification and Turnbull guidance; relatives as potentially suspect witnesses – bias must be evidenced.
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11 June 2024 |
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Detention with an accused does not make a witness an accomplice; motive and corroboration determine testimonial reliability.
Criminal law – suspect witnesses – distinction between accomplice and witness with interest; motive to give false evidence required before special caution; detention with accused not determinative; corroboration and unchallenged evidence may render conviction safe.
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10 June 2024 |